HR769-119

1. Short title This Act may be cited as the All Aboard Act.

2. Accountability of Amtrak for unfulfilled fares caused by maintenance and other failures Chapter 243 of title 49, United States Code, is amended by adding at the end the following new section: Not later than 180 days after the date of enactment of the All Aboard Act, the Secretary of Transportation shall issue regulations to ensure that any person who purchases covered rail passenger transportation receives a refund equal to the rate the person paid for such transportation, at the expense of Amtrak and in accordance with this section, if due to a failure of Amtrak, such transportation, or a part of such transportation, is— canceled; or delayed such that the transportation is completed more than 3 hours after the expected completion time as of the time of the purchase. For purposes of subsection (a), a cancellation or delay is not a failure of Amtrak if the cancellation or delay is attributable to forces or persons uncontrollable by Amtrak. In carrying out subsection (a), the Secretary shall issue regulations that include— procedures for determining if a cancellation or delay is subject to subsection (a); and procedures by which Amtrak can dispute that a cancellation or delay is subject to subsection (a), including that the cancellation or delay was due to a failure of Amtrak. A provider of covered rail passenger transportation shall issue a refund with respect to a cancellation or delay described in subsection (a)— if Amtrak does not dispute that the cancellation or delay is due to a failure of Amtrak— if the covered rail passenger transportation is purchased with credit, a voucher, or rewards points issued by the provider of such transportation, not later than 7 days after the cancellation or delay; or if the covered rail passenger transportation is purchased with cash, as soon as is feasible after the cancellation or delay; or if Amtrak disputes, pursuant to the procedures established under subsection (b)(2), that the cancellation or delay is subject to subsection (a), not later than a date— which is after the date on which a final determination is issued that the cancellation or delay is subject to subsection (a); and determined by the Secretary to be prompt and feasible. A refund under subsection (a) shall be issued to a purchaser of covered rail passenger transportation in the form of payment used by the purchaser. Amtrak shall, upon request from a rail carrier that issues a refund under subsection (a), reimburse the rail carrier in the amount equal to the refund. Amtrak may not receive Federal funds for any period during which the Secretary determines that Amtrak is noncompliant with this section. This section shall apply for any fiscal year in which Amtrak accepts Federal funds. In this section, the term covered rail passenger transportation means— rail passenger transportation provided by, or on behalf, of Amtrak; or commuter rail passenger transportation that travels over rails owned by Amtrak, regardless of if such transportation is provided by Amtrak or another rail carrier. Not later than 6 months after the date of enactment of this Act, Amtrak shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report including— an identification of each asset maintenance strategy that Amtrak could adopt as a replacement for a run-to-fail maintenance model; and the estimated cost of implementing each asset maintenance strategy identified pursuant to subparagraph (A). Amtrak may not use a run-to-fail maintenance model after the date that is 2 years after the date of enactment of this Act. Not later than 2 years after the date of enactment of this Act, Amtrak shall implement an asset maintenance strategy identified in the report under paragraph (1). In this section, the term run-to-fail maintenance model means an asset maintenance strategy under which an asset (including equipment and infrastructure used for passenger rail transportation) is retired from use only at such time as— the asset is no longer capable of fulfilling an intended use; or the age of the asset exceeds the manufacturer-estimated lifespan of the asset. The table of sections for chapter 243 of title 49, United States Code, is amended by adding at the end the following: 24324.Right of rail passengers to recover certain unfulfilled fare(a)In generalNot later than 180 days after the date of enactment of the All Aboard Act, the Secretary of Transportation shall issue regulations to ensure that any person who purchases covered rail passenger transportation receives a refund equal to the rate the person paid for such transportation, at the expense of Amtrak and in accordance with this section, if due to a failure of Amtrak, such transportation, or a part of such transportation, is—(1)canceled; or(2)delayed such that the transportation is completed more than 3 hours after the expected completion time as of the time of the purchase.(b)Determination of cause(1)CausationFor purposes of subsection (a), a cancellation or delay is not a failure of Amtrak if the cancellation or delay is attributable to forces or persons uncontrollable by Amtrak.(2)Dispute proceduresIn carrying out subsection (a), the Secretary shall issue regulations that include—(A)procedures for determining if a cancellation or delay is subject to subsection (a); and(B)procedures by which Amtrak can dispute that a cancellation or delay is subject to subsection (a), including that the cancellation or delay was due to a failure of Amtrak.(c)Refund issuance(1)TimingA provider of covered rail passenger transportation shall issue a refund with respect to a cancellation or delay described in subsection (a)—(A)if Amtrak does not dispute that the cancellation or delay is due to a failure of Amtrak—(i)if the covered rail passenger transportation is purchased with credit, a voucher, or rewards points issued by the provider of such transportation, not later than 7 days after the cancellation or delay; or(ii)if the covered rail passenger transportation is purchased with cash, as soon as is feasible after the cancellation or delay; or(B)if Amtrak disputes, pursuant to the procedures established under subsection (b)(2), that the cancellation or delay is subject to subsection (a), not later than a date—(i)which is after the date on which a final determination is issued that the cancellation or delay is subject to subsection (a); and(ii)determined by the Secretary to be prompt and feasible.(2)FormA refund under subsection (a) shall be issued to a purchaser of covered rail passenger transportation in the form of payment used by the purchaser.(d)Amtrak reimbursement of other rail carriersAmtrak shall, upon request from a rail carrier that issues a refund under subsection (a), reimburse the rail carrier in the amount equal to the refund.(e)NoncomplianceAmtrak may not receive Federal funds for any period during which the Secretary determines that Amtrak is noncompliant with this section.(f)ApplicabilityThis section shall apply for any fiscal year in which Amtrak accepts Federal funds.(g)Covered rail passenger transportation definedIn this section, the term covered rail passenger transportation means—(1)rail passenger transportation provided by, or on behalf, of Amtrak; or(2)commuter rail passenger transportation that travels over rails owned by Amtrak, regardless of if such transportation is provided by Amtrak or another rail carrier.. 24324. Right of rail passengers to recover certain unfulfilled fare..

24324. Right of rail passengers to recover certain unfulfilled fare Not later than 180 days after the date of enactment of the All Aboard Act, the Secretary of Transportation shall issue regulations to ensure that any person who purchases covered rail passenger transportation receives a refund equal to the rate the person paid for such transportation, at the expense of Amtrak and in accordance with this section, if due to a failure of Amtrak, such transportation, or a part of such transportation, is— canceled; or delayed such that the transportation is completed more than 3 hours after the expected completion time as of the time of the purchase. For purposes of subsection (a), a cancellation or delay is not a failure of Amtrak if the cancellation or delay is attributable to forces or persons uncontrollable by Amtrak. In carrying out subsection (a), the Secretary shall issue regulations that include— procedures for determining if a cancellation or delay is subject to subsection (a); and procedures by which Amtrak can dispute that a cancellation or delay is subject to subsection (a), including that the cancellation or delay was due to a failure of Amtrak. A provider of covered rail passenger transportation shall issue a refund with respect to a cancellation or delay described in subsection (a)— if Amtrak does not dispute that the cancellation or delay is due to a failure of Amtrak— if the covered rail passenger transportation is purchased with credit, a voucher, or rewards points issued by the provider of such transportation, not later than 7 days after the cancellation or delay; or if the covered rail passenger transportation is purchased with cash, as soon as is feasible after the cancellation or delay; or if Amtrak disputes, pursuant to the procedures established under subsection (b)(2), that the cancellation or delay is subject to subsection (a), not later than a date— which is after the date on which a final determination is issued that the cancellation or delay is subject to subsection (a); and determined by the Secretary to be prompt and feasible. A refund under subsection (a) shall be issued to a purchaser of covered rail passenger transportation in the form of payment used by the purchaser. Amtrak shall, upon request from a rail carrier that issues a refund under subsection (a), reimburse the rail carrier in the amount equal to the refund. Amtrak may not receive Federal funds for any period during which the Secretary determines that Amtrak is noncompliant with this section. This section shall apply for any fiscal year in which Amtrak accepts Federal funds. In this section, the term covered rail passenger transportation means— rail passenger transportation provided by, or on behalf, of Amtrak; or commuter rail passenger transportation that travels over rails owned by Amtrak, regardless of if such transportation is provided by Amtrak or another rail carrier.