; 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 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 shall 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 amendments 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: 24323. Prohibition on mandatory arbitration. .