H.R. 769

119 HR 769 IH: All Aboard Act
 U.S. House of Representatives
 2025-01-28
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 769  IN THE HOUSE OF REPRESENTATIVES   January 28, 2025   Mr. Gottheimer  (for himself and  Mr. Kean ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure    A BILL
To amend title 49, United States Code, to direct the Secretary of Transportation to issue regulations under which Amtrak is responsible for refunding rail passengers the cost of certain rail transportation that was canceled or delayed due to a failure of Amtrak, and for other purposes.
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
(a)
In general
 Chapter 243  of title 49, United States Code, is amended by adding at the end the following new section:
24324.
Right of rail passengers to recover certain unfulfilled fare
(a)
In general
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—
(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)
Causation
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.
(2)
Dispute procedures
In 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)
Timing
A 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)
Form
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.
(d)
Amtrak reimbursement of other rail carriers
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.
(e)
Noncompliance
Amtrak may not receive Federal funds for any period during which the Secretary determines that Amtrak is noncompliant with this section.
(f)
Applicability
This section shall apply for any fiscal year in which Amtrak accepts Federal funds.
(g)
Covered rail passenger transportation defined
In 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.
 .
(b)
Replacement of Amtrak asset maintenance strategy
(1)
Report
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—
(A)
an identification of each asset maintenance strategy that Amtrak could adopt as a replacement for a run-to-fail maintenance model; and
(B)
the estimated cost of implementing each asset maintenance strategy identified pursuant to subparagraph (A).
(2)
Ban on run-to-fail model
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.
(3)
Implementation of new asset maintenance strategy
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).
(c)
Run-to-Fail maintenance model defined
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—
(1)
the asset is no longer capable of fulfilling an intended use; or
(2)
the age of the asset exceeds the manufacturer-estimated lifespan of the asset.
(d)
Clerical amendment
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.
  .