Boyle, DeLuzio and McIver Introduce Bill to Allow Amtrak to Sue Freight Railroads for Passenger Train Delays Caused by Freight Train Interference

WASHINGTON, DC — Today, Representatives Brendan F. Boyle (PA-02), Chris DeLuzio (PA-10), and LaMonica McIver (NJ-10) introduced the Rail Passenger Fairness Act to help Amtrak improve on-time performance for passenger train travel across the country. This bill would take on the problem of freight train interference, which happens when freight trains do not follow current law requiring them to provide preference to passenger trains operating on their rail lines.

Specifically, the bill announced by the Representatives today would empower Amtrak to sue freight railroads in federal court to enforce the law. If passed into law, the Rail Passenger Fairness Act would help reduce Amtrak delays, hold freight railroad corporations accountable, and save public money.

“Pennsylvanians and passengers all across the country count on trains to get them to work, to see loved ones, and to keep our economy moving,” said Congressman Boyle. “But too often, freight train interference leaves riders stuck on the tracks and late for where they need to be. This bill is about making sure our trains run on time. By holding freight railroads accountable, we can improve service, save taxpayer money, and give passengers the reliable rail system they deserve.”

“In nearly every industry, big corporations are taking advantage of people—breaking the rules or rigging the system to boost their bottom lines while making life worse for all of us,” said Congressman Deluzio. “Big railroads have been breaking the law and slowing down passenger rail with illegal freight train interference for far too long: we need better ways of enforcing the law. I am proud to introduce the Rail Passenger Fairness Act with Representatives Boyle and McIver to improve passenger rail travel for the American people. Let’s get the trains running on time.”

“Rail passengers deserve to get where they are going on time and without delays caused by illegal interference. This is basic,” said Congresswoman LaMonica McIver. “The Rail Passenger Fairness Act will make transit more reliable for riders and improve trust. This bill is about making sure that the system works the way it was supposed to and that big corporations can’t keep taking advantage in a way that hurts people.”

In 1973 Congress passed and the President signed the Amtrak Improvement Act  which mandated that intercity and commuter passenger rail be given preference over freight railroads in using a rail line. Despite the law being in place for more than 50 years, freight railroads continue to ignore their legal obligation to give Amtrak preference. This disregard of the law means that freight train interference was the cause of the majority of all of Amtrak’s delays in recent years—in 2023 amounting to 900,000 minutes of delay for Amtrak passengers. The Rail Passenger Fairness Act would ensure that Amtrak could sue freight railroads who continue to violate the law, adding significant and unnecessary delays around the country.

The full text of the bill is here.

In 2019, Amtrak’s Office of Inspector General (OIG) published a report that found that low on-time performance was a key factor driving Amtrak’s operating loss of $171 million during Fiscal Year 2018. The report also found that improving and maintaining OTP on all Amtrak routes, particularly on long-distance lines, would result in $41.9 million in annual cost savings and revenues, plus an estimated $336 million in equipment savings.

The Rail Passenger Fairness Act is supported by the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD); the Transportation Communications Union (TCU); and the Rail Passengers Association.

Greg Kocialski, TCU National Secretary Treasurer and 30-year Amtrak employee said, “As the union representing most of Amtrak’s customer-facing employees, the #1 complaint our members hear is this: ‘where is the train?’ On-time performance is crucial to attracting riders to any transportation service. People are happy to ride the train, but they need to know that it will depart and arrive on-time. Nobody wants – nor can they afford - to ride a train that’s hours late. And since most Amtrak trains run over freight owned and operated track, it’s on the freight railroads to make sure our trains arrive and depart on-time.

Treasurer Kocialski continued, “This legislation addresses this broken dynamic by offering one simple fix: accountability. The freight railroads are already supposed to be providing Amtrak trains with priority dispatching, but unfortunately there’s little-to-nothing holding them accountable. Indeed, if we want to improve Amtrak services across the country, nothing would do more than this simple but important fix. Our union wholeheartedly endorses this legislation and we hope Congress passes it immediately into law.”

Jared Cassity, Director of National Safety and Legislative Department for SMART-TD said, “SMART TD is proud to once again endorse the Rail Passenger Fairness Act. We thank Representatives Chris Deluzio, Brendan Boyle, and LaMonica McIver for their dedicated work on this vital legislation to improve passenger rail, not just for our members but for the communities they serve. SMART TD, as the largest organization in rail labor, looks forward to working with Congress to progress this effort and to give passenger rail the priority it deserves.”

“We thank Representatives Deluzio, Boyle, and McIver for their leadership in protecting the rights of Amtrak passengers, and we stand ready to work with them to ensure this bill becomes law,” said Jim Mathews, Rail Passengers Association President & CEO. “Americans deserve access to reliable, on-time train service—a right that is already enshrined in law, but too often disregarded by host railroads. By providing an enforcement mechanism, the Rail Passenger Fairness Act will ensure that Amtrak passengers can arrive at their destination in a safe and timely manner.”

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