The Rail Passenger Fairness Act would allow Amtrak to sue freight railroads directly in federal court to enforce its legal right to priority access on the nation's rail lines. Under federal law since 1973, passenger trains are supposed to have preference over freight trains, but freight railroads have frequently ignored this requirement, causing significant delays to Amtrak passengers. Currently, only the U.S. Attorney General can enforce this preference right—and has done so only once in Amtrak's entire history. The bill responds to data showing that when enforcement mechanisms existed in the past, Amtrak's on-time performance improved dramatically (from 50 percent to 85 percent on long-distance routes), saving millions in operating costs, but performance declined sharply after enforcement tools were struck down as unconstitutional in 2014. By giving Amtrak independent enforcement authority, the legislation aims to restore timely passenger rail service and reduce the freight-related delays that currently cost taxpayers tens of millions of dollars annually.
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