(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

(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—

(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: