Bill Summary
The **All Aboard Act** aims to enhance accountability for Amtrak regarding service disruptions. It mandates the Secretary of Transportation to establish regulations ensuring that rail passengers receive refunds for tickets if their travel is canceled or delayed by over three hours due to Amtrak's failures. Key provisions include:
1. **Refund Process**: Passengers are entitled to a full refund for affected journeys, with specific timelines for refund issuance depending on the payment method used.
2. **Dispute Mechanism**: Amtrak can dispute the reasons for delays or cancellations, with the Secretary of Transportation setting procedures for these disputes.
3. **Reimbursement for Other Rail Carriers**: If another rail carrier issues a refund on Amtrak's behalf, Amtrak is required to reimburse them.
4. **Compliance and Federal Funding**: Amtrak risks losing federal funds if it does not comply with the new regulations.
5. **Asset Maintenance Strategy**: The Act also requires Amtrak to move away from a "run-to-fail" maintenance strategy by developing and implementing a new maintenance plan within two years.
Overall, the legislation seeks to improve passenger rights and service reliability by holding Amtrak accountable for operational shortcomings.
Possible Impacts
The "All Aboard Act" proposes several changes that could significantly impact rail passengers and the operations of Amtrak. Here are three examples of how this legislation could affect people:
1. **Increased Consumer Protection for Passengers**: The Act mandates that Amtrak must refund passengers for canceled or significantly delayed train services due to its own failures. This means that individuals who purchase rail tickets will have a clearer pathway to recover their costs, which can lead to greater customer satisfaction and trust in Amtrak's services. Passengers can feel more secure knowing they have recourse for financial losses incurred due to service disruptions.
2. **Improved Reliability of Rail Services**: By requiring Amtrak to implement a more proactive asset maintenance strategy within two years, the legislation aims to reduce the instances of delays and cancellations caused by equipment failures. This could mean a more reliable rail service for commuters and long-distance travelers, leading to increased ridership and potentially promoting a shift from car travel to rail transport, which can have environmental benefits.
3. **Impact on Amtrak's Financial Operations**: The provision that Amtrak may lose access to federal funds during periods of noncompliance with the new regulations could create significant financial pressure on the organization. This could lead to changes in how Amtrak allocates its budget and resources, potentially affecting service levels, staffing, and investment in infrastructure. If Amtrak struggles to meet the new requirements, passengers might face service cuts or fare increases in the long run to offset the financial impact of compliance.
These three examples illustrate how the "All Aboard Act" could enhance passenger rights, improve service reliability, and create financial implications for Amtrak itself.
[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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