I 
116TH CONGRESS 
2D SESSION 
H. R. 6101 
To amend title 49, United States Code, to prohibit Amtrak from including 
mandatory arbitration clauses in contracts of carriage, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2020 
Mr. LAMB (for himself and Mr. HECK) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to prohibit Amtrak 
from including mandatory arbitration clauses in con-
tracts of carriage, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Passenger Rail 
Forced Arbitration Act’’. 
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SEC. 2. NO VALIDITY OR ENFORCEABILITY OF ARBITRA-
TION AGREEMENTS FOR CONSUMER AND 
CIVIL RIGHTS DISPUTES. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 24323. Prohibition on mandatory arbitration 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to prohibit predispute arbitration agree-
ments that force arbitration of consumer and civil 
rights disputes between Amtrak and customers of 
Amtrak; and 
‘‘(2) to prohibit agreements and practices that 
interfere with the right of customers to participate 
in a joint, class, or collective action related to con-
sumer and civil rights disputes between Amtrak and 
customers of Amtrak. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) AMTRAK.—The term ‘Amtrak’ refers to 
the National Railroad Passenger Corporation. 
‘‘(2) CIVIL RIGHTS DISPUTE.—The term ‘civil 
rights dispute’ means a dispute— 
‘‘(A) arising from an alleged violation of— 
‘‘(i) the Constitution of the United 
States or the constitution of a State; or 
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‘‘(ii) any Federal, State, or local law 
that prohibits discrimination on the basis 
of— 
‘‘(I) race, sex, age, gender iden-
tity, sexual orientation, disability, reli-
gion, or national origin; or 
‘‘(II) any legally protected status 
in 
education, 
employment, 
credit, 
housing, public accommodations and 
facilities, 
voting, 
veterans 
and 
servicemembers, health care, or a pro-
gram funded or conducted by the 
Federal Government or a State gov-
ernment, including any law referred to 
or described in section 62(e) of the 
Internal Revenue Code of 1986, in-
cluding parts of such law not explic-
itly referenced in such section that re-
late to protecting individuals on any 
such basis; and 
‘‘(B) in which at least 1 party alleging a 
violation described in subparagraph (A) consists 
of 1 or more customers (or their authorized 
representative), including 1 or more individuals 
seeking certification as a class under rule 23 of 
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the Federal Rules of Civil Procedure or a com-
parable rule or provision of State law. 
‘‘(3) CONSUMER
DISPUTE.—The term ‘con-
sumer dispute’ means any dispute, including all 
claims related to personal injuries, between Amtrak 
and 1 or more customers who seek or acquire— 
‘‘(A) services and accommodations pro-
vided by Amtrak; or 
‘‘(B) carriage on Amtrak trains and equip-
ment. 
‘‘(4) CUSTOMER.—The term ‘customer’ means 
any individual, except for an employee of Amtrak 
and without regard to whether the individual is a 
minor or paid for the transportation, who seeks or 
acquires— 
‘‘(A) services and accommodations pro-
vided by Amtrak; or 
‘‘(B) carriage on Amtrak trains and equip-
ment. 
‘‘(5) 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 agreement. 
‘‘(6) PREDISPUTE JOINT-ACTION WAIVER.—The 
term ‘predispute joint-action waiver’ means an 
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agreement, whether or not part of a predispute arbi-
tration agreement, that would prohibit, or waive the 
right of, one of the parties to the agreement to par-
ticipate in a joint, class, or collective action in a ju-
dicial, arbitral, administrative, or other forum, con-
cerning a dispute that has not yet arisen at the time 
of the making of the agreement. 
‘‘(7) RAIL
PASSENGER
CARRIER.—The term 
‘rail passenger carrier’ means a rail carrier pro-
viding— 
‘‘(A) interstate intercity rail passenger 
transportation (as such term is defined in sec-
tion 24102); or 
‘‘(B) interstate or intrastate high-speed 
rail (as such term is defined in section 26105) 
transportation, except that such term does not 
include a tourist, historic, scenic, or excursion 
rail carrier. 
‘‘(c) IN GENERAL.— 
‘‘(1) IN GENERAL.—All predispute arbitration 
agreements and predispute joint-action waivers shall 
be invalid and unenforceable with respect to a con-
sumer or civil rights dispute between Amtrak (in its 
capacity as a rail passenger carrier) and a customer 
of Amtrak. 
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‘‘(2) APPLICABILITY.— 
‘‘(A) IN
GENERAL.—A determination of 
whether this section applies to a particular dis-
pute shall be made in accordance with Federal 
law. 
‘‘(B) AUTHORITY OF COURT.—The appli-
cability of this section to an agreement to arbi-
trate and the validity and enforceability of an 
agreement to which this section applies shall be 
determined by a court, rather than by an arbi-
trator, regardless of whether— 
‘‘(i) the party resisting arbitration 
challenges the arbitration agreement spe-
cifically or in conjunction with other terms 
of the contract containing such agreement; 
and 
‘‘(ii) the agreement purports to dele-
gate such determinations to an arbitrator. 
‘‘(C) EXCLUSION.—Nothing in this section 
shall apply to a predispute arbitration agree-
ment or joint action waiver invoked in connec-
tion with any dispute subject to the Railway 
Labor Act (45 U.S.C. 151 et seq.).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a)— 
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(1) shall take effect on the date of the enact-
ment of this Act; and 
(2) shall apply with respect to any dispute or 
claim that arises or accrues on or after such date. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 243 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘24323. Prohibition on mandatory arbitration.’’. 
Æ 
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