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This bill would require Amtrak to give passengers a refund when a train trip is canceled or delayed for more than 3 hours because of an Amtrak failure, such as maintenance or other problems Amtrak could control. The Transportation Secretary would have to write rules within 180 days to make this happen. The refund would need to match the full price paid, and it would be returned in the same form used to buy the ticket. The bill also says that delays or cancellations caused by things Amtrak cannot control would not count. In addition, Amtrak would have to stop using a “run-to-fail” maintenance approach and replace it with a better asset maintenance plan within 2 years. If Amtrak does not follow these rules, it could lose federal funding during the time it is out of compliance.
- Passengers on Amtrak trains, and some commuter rail trips on tracks owned by Amtrak, would be eligible for refunds if service is canceled or delayed more than 3 hours because of an Amtrak failure.
- The Transportation Secretary would create rules for deciding when Amtrak is at fault and for handling disputes over whether a delay or cancellation qualifies for a refund.
- Refunds would be issued quickly, and in the same way the ticket was originally paid for, such as cash, credit, vouchers, or rewards points.
- Amtrak would have to report on better maintenance options within 6 months, stop using the run-to-fail model after 2 years, and put a new maintenance strategy in place.
Official Summaries
All Aboard Act
This bill requires Amtrak to issue refunds to rail passengers for the purchase price of rail passenger transportation that is cancelled or delayed due to a failure of Amtrak.
Specifically, the Department of Transportation (DOT) must issue regulations requiring Amtrak to issue full refunds to passengers for the purchase price of the covered rail passenger transportation if there is a cancellation or a delay of more than three hours in the journey completion time that is due to a failure of Amtrak.
Under the bill, 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 Amtrak-owned rails, regardless of whether it is provided by Amtrak or other rail carriers.
The regulations must include procedures for (1) determining if a cancellation or delay is due to a failure of Amtrak, and (2) Amtrak to dispute that a cancellation or delay is subject to the refund requirements.
The bill prohibits Amtrak from receiving federal funds for any period during which DOT determines that Amtrak is noncompliant with these requirements.
Amtrak must submit a report to Congress on alternative asset maintenance strategies to replace the run-to-fail maintenance model (i.e., using passenger rail equipment and infrastructure until it no longer works or exceeds its estimated lifespan), including the cost of the strategies. Within two years of this bill's enactment, Amtrak must (1) stop using a run-to-fail maintenance model, and (2) implement a new asset maintenance strategy.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 769 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 769
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``All Aboard Act''.
SEC. 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:
``Sec. 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.''.
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