,i #aafth ,,congress #b;d ,session ,h4 ,r4 #faja ,,in ,,the ,,house ,,of ,,representatives ,march #e1 #bjbj,mr4 ,lamb 7for himself and ,mr4 ,heck7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to prohibit ,amtrak from including mandatory arbitration clauses in contracts of carriage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ending ,passenger ,rail ,forced ,arbitration ,act4 #b4 ,no validity or enforceability of arbitration agreements for consumer and civil rights disputes 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on mandatory arbitration 7a7 ,purposes ,the purposes of this section are-- 7#a7 to prohibit predispute arbitration agreements that force arbitration of consumer and civil rights disputes between ,amtrak and customers of ,amtrak2 and 7#b7 to prohibit agreements and practices that interfere with the right of customers to participate in a joint1 class1 or collective action related to consumer and civil rights disputes between ,amtrak and customers of ,amtrak4 7b7 ,definitions ,in this section3 7#a7 ,amtrak ,the term ,amtrak refers to the ,national ,railroad ,passenger ,corporation4 7#b7 ,civil rights dispute ,the term civil rights dispute means a dispute-- 7,a7 arising from an alleged violation of-- 7i7 the ,constitution of the ,united ,states or the constitution of a ,state2 or 7ii7 any ,federal1 ,state1 or local law that prohibits discrimination on the basis of-- 7,i7 race1 sex1 age1 gender identity1 sexual orientation1 disability1 religion1 or national origin2 or 7,,ii7 any legally protected status in education1 employment1 credit1 housing1 public accommodations and facilities1 voting1 veterans and servicemembers1 health care1 or a program funded or conducted by the ,federal ,government or a ,state government1 including any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section that relate to protecting individuals on any such basis2 and 7,b7 in which at least #a party alleging a violation described in subparagraph 7,a7 consists of #a or more customers 7or their authorized representative71 including #a or more individuals seeking certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law4 7#c7 ,consumer dispute ,the term consumer dispute means any dispute1 including all claims related to personal injuries1 between ,amtrak and #a or more customers who seek or acquire-- 7,a7 services and accommodations provided by ,amtrak2 or 7,b7 carriage on ,amtrak trains and equipment4 7#d7 ,customer ,the term customer means any individual1 except for an employee of ,amtrak and without regard to whether the individual is a minor or paid for the transportation1 who seeks or acquires-- 7,a7 services and accommodations provided by ,amtrak2 or 7,b7 carriage on ,amtrak trains and equipment4 7#e7 ,predispute arbitration agreement ,the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement4 7#f7 ,predispute joint-action waiver ,the term predispute joint-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 7#g7 ,rail passenger carrier ,the term rail passenger carrier means a rail carrier providing-- 7,a7 interstate intercity rail passenger transportation 7as such term is defined in section #bdajb72 or 7,b7 interstate or intrastate high-speed rail 7as such term is defined in section #bfaje7 transportation1 except that such term does not include a tourist1 historic1 scenic1 or excursion rail carrier4 7c7 ,in general 7#a7 ,in general ,all predispute arbitration agreements and predispute joint-action waivers shall be invalid and unenforceable with respect to a consumer or civil rights dispute between ,amtrak 7in its capacity as a rail passenger carrier7 and a customer of ,amtrak4 7#b7 ,applicability 7,a7 ,in general ,a determination of whether this section applies to a particular dispute shall be made in accordance with ,federal law4 7,b7 ,authority of court ,the applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section applies shall be determined by a court1 rather than by an arbitrator1 regardless of whether-- 7i7 the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement2 and 7ii7 the agreement purports to delegate such determinations to an arbitrator4 7,c7 ,exclusion ,nothing in this section shall apply to a predispute arbitration agreement or joint action waiver invoked in connection with any dispute subject to the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq474 4 7b7 ,effective date ,the amendments made by subsection 7a7-- 7#a7 shall take effect on the date of the enactment of this ,act2 and 7#b7 shall apply with respect to any dispute or claim that arises or accrues on or after such date4 7c7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on mandatory arbitration4 4