Rail Passenger Fairness Act
This bill, titled the Rail Passenger Fairness Act, would give Amtrak a direct path to enforce its statutory priority over freight trains on U.S. rail lines. Specifically, it would add a right for Amtrak to bring civil actions in the U.S. District Court for the District of Columbia to enforce the preference for intercity and commuter rail passenger transportation under 49 U.S.C. 24308(c). The bill would also modify enforcement provisions to allow Amtrak to sue in court for equitable or other relief, notwithstanding certain current enforcement restrictions, and would make a conforming change to how 49 U.S.C. 24103 is applied. The goal is to strengthen enforcement of Amtrak’s priority rights and, as supporters argue, improve on-time performance and reduce delays caused by freight traffic. The bill is introduced in the 119th Congress by Rep. Deluzio (with Reps. Boyle and McIver), and is referred to the Transportation and Infrastructure Committee, and the Judiciary Committee, for consideration. It provides a rationale based on historical enforcement gaps and efforts to improve Amtrak’s mission and on-time performance.
Key Points
- 1Creates a new right for Amtrak to sue in the U.S. District Court for the District of Columbia to enforce the priority rights in 49 U.S.C. 24308(c), which require intercity and commuter rail passenger transportation to have priority over freight on lines, junctions, or crossings (except in emergencies).
- 2Amends 24308(c) to explicitly say that Amtrak may bring an action for equitable or other relief in federal court to enforce these preference rights, effectively creating a direct enforcement path outside of relying solely on other agencies or mechanisms.
- 3Adds a conforming amendment to 49 U.S.C. 24103 by inserting a reference to section 24308(c), aligning enforcement authorities and clarifying that enforcement of these rights can be pursued in light of section 24308(c).
- 4States that Amtrak’s court action would be authorized notwithstanding certain existing provisions (notably sections 24103(a) and 24308(f)), meaning the new court-based enforcement would proceed even if those provisions would otherwise limit enforcement pathways.
- 5Provides the short title “Rail Passenger Fairness Act” and includes findings about Amtrak’s history, the importance of priority rights, past enforcement gaps, and potential cost savings from improved on-time performance.