Rail Passenger Fairness Act
- Sponsor
- Rep. Deluzio, Christopher R. [D-PA-17]
- Committees
- Judiciary Committee (primary)
- Last action
- Dec 1, 2025
Bottom line
Amtrak gains a direct legal tool to enforce its statutory preference over freight on host railroads, aiming to improve on-time performance and reduce delays for millions of passengers.
What it actually does
This bill grants Amtrak the explicit right to bring civil actions in Federal district court to enforce its statutory preference over freight transportation when using shared rail lines, junctions, or crossings. Currently, this enforcement power is largely limited to the Attorney General, who has rarely exercised it. The bill aims to provide Amtrak with a direct legal mechanism to ensure its passenger trains receive priority, thereby improving on-time performance.
Proponents argue
Proponents argue that this bill is essential to uphold existing federal law, which grants passenger rail preference, and to enable Amtrak to fulfill its mission of providing reliable service. They contend that past periods with effective enforcement mechanisms led to significant improvements in on-time performance and substantial cost savings for Amtrak, benefiting taxpayers and passengers alike.
Opponents contend
Critics, particularly freight rail operators, might argue that granting Amtrak direct litigation rights could lead to an increase in lawsuits, disrupt the efficient movement of freight, and potentially create an imbalance that negatively impacts the national rail network's capacity for critical goods movement. They may suggest that the Surface Transportation Board is the more appropriate forum for resolving such operational disputes.
The bill is short and its core provisions are easily understandable, allowing for quick evaluation by an informed reader.
Section 3(a)
Authorizing Amtrak to Bring Civil Actions to Enforce Preference Rights
This provision amends existing law (49 U.S.C. 24308(c)) to explicitly grant Amtrak the right to sue in Federal District Court for the District of Columbia to enforce its statutory preference for passenger trains over freight trains. Currently, only the Attorney General can bring such actions, which has rarely happened. This change empowers Amtrak to directly seek equitable or other relief when host railroads fail to give passenger trains priority.
Supporters argue
Supporters argue this provision provides Amtrak with a necessary and effective tool to enforce its long-standing statutory preference, which has historically been ignored by host railroads. They point to past improvements in on-time performance when enforcement mechanisms were available as evidence of its potential effectiveness, leading to better service and reduced costs.
Critics contend
Opponents, primarily freight railroads, might argue that granting Amtrak direct litigation rights could lead to an increase in lawsuits, disrupt freight operations, and potentially create an imbalance that negatively impacts the efficiency of the national rail network for critical goods movement. They may suggest that the Surface Transportation Board (STB) is the appropriate forum for resolving such disputes.
Tradeoffs
The bill seeks to balance Amtrak's statutory right to preference with the operational needs and economic interests of freight railroads. It creates a tension between ensuring passenger rail reliability and potentially impacting freight rail efficiency and capacity on shared infrastructure.