S. 4572

119 S4572 IS: Ending Passenger Rail Forced Arbitration Act
 U.S. Senate
 2026-05-19
 text/xml
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 II  119th CONGRESS  2d Session  S. 4572  IN THE SENATE OF THE UNITED STATES   May 19, 2026   Mr. Blumenthal  (for himself,  Ms. Hirono ,  Mr. Whitehouse ,  Mr. Booker ,  Mr. Sanders ,  Ms. Warren ,  Mr. Van Hollen ,  Mr. Merkley ,  Mr. Wyden ,  Mr. Fetterman , and  Mr. Markey ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To amend title 49, United States Code, to prohibit Amtrak from including mandatory arbitration clauses in contracts of carriage, and for other purposes.
1.
Short title
This Act may be cited as the   Ending Passenger Rail Forced Arbitration Act  .
2.
No validity or enforceability of arbitration 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 following:
24324.
Prohibition on mandatory arbitration
(a)
Purposes
The purposes of this section are—
(1)
to prohibit predispute arbitration agreements 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 consumer and civil rights disputes between Amtrak and customers of Amtrak.
(b)
Definitions
In this section:
(1)
Amtrak
The term  Amtrak  means 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
(ii)
any Federal, State, or local law that prohibits discrimination on the basis of—
(I)
race, sex, age, gender identity, sexual orientation, disability, religion, 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 program funded or conducted by the Federal Government or a State government, including any law referred to or described in  section 62(e)  of the Internal Revenue Code of 1986, including parts of such law not explicitly referenced in such section that relate 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 the Federal Rules of Civil Procedure or a comparable rule or provision of State law.
(3)
Consumer dispute
The term  consumer 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 provided by Amtrak; or
(B)
carriage on Amtrak trains and equipment.
(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 provided by Amtrak; or
(B)
carriage on Amtrak trains and equipment.
(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 agreement, whether or not part of a predispute arbitration agreement, which would prohibit, or waive the right of, 1 of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning 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 providing—
(A)
intercity rail passenger transportation (as such term is defined in section 24102); or
(B)
interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, excluding 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 consumer or civil rights dispute between Amtrak (in its capacity as a rail passenger carrier) and a customer of Amtrak.
(2)
Applicability
(A)
In general
A determination of whether this section applies to a particular dispute shall be made in accordance with Federal law.
(B)
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 court, rather than by an arbitrator, regardless of whether—
(i)
the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement; and
(ii)
the agreement purports to delegate such determinations to an arbitrator.
(C)
Exclusion
Nothing in this section may be construed to apply to a predispute arbitration agreement or joint-action waiver invoked in connection with any dispute subject to the Railway Labor Act ( 45 U.S.C. 151 et seq. ).
 .
(b)
Effective date
The amendment made by subsection (a)—
(1)
shall take effect on the date of the enactment 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  chapter 243  of title 49, United States Code, is amended by adding at the end the following:
24324. Prohibition on mandatory arbitration.
  .