Deluzio, Boyle Introduce Bill to Fight Amtrak Delays Caused by Freight Train Interference

WASHINGTON, D.C. — Today, Pennsylvania Congressmen Chris Deluzio (PA-17) and Brendan Boyle (PA-02) introduced the Rail Passenger Fairness Act to help Amtrak improve on-time performance for passenger train travel across the country. This bill would do this by taking 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 the Congressmen announced today would provide Amtrak the ability to take freight railroads to court to enforce current law. If passed into law, the Rail Passenger Fairness Act would help reduce Amtrak delays, hold freight railroad corporations accountable, and save public money.

In coordination with the announcement of this bill, Congressman Deluzio also released a video about the Rail Passenger Fairness Act and how it could help improve passenger rail travel in this country. Earlier this Congress, Congressman Chris Deluzio took the more then seven-hour train ride down from Pittsburgh to Washington for votes. Following that ride, he put out another video highlighting the issue of freight train interference and the importance of speeding up travel time on the Capitol Limited Amtrak line that serves Western Pennsylvania and beyond.

“Big railroads have been breaking the law and slowing down passenger rail with illegal freight train interference for far too long,” said Congressman Deluzio, House Transportation & Infrastructure Committee Member. “People are tired of big corporations taking advantage of us—all so they can boost their bottom lines. I am proud to introduce the Rail Passenger Fairness Act with Representative Boyle to try and hold these big railroads accountable and help improve passenger rail travel for the American people. I also want to recognize the late New Jersey Congressman Donald Payne, who previously led this bill and was a passionate champion for passenger rail. We’re proud to be continuing his fight.” 

"As a frequent commuter on Amtrak from my district to Washington, DC, I have an acute firsthand understanding of how rail delays can adversely impact passengers and commerce,” said Congressman Boyle. “This legislation will provide railway passengers with additional safeguards from unanticipated rail delays and cancellations. Strengthening the rights of railway passengers only enhances customer satisfaction and trust in public transport and rail systems.” 

Amtrak CEO Stephen Gardner Statement on Rail Passenger Fairness Act

“Preference of Amtrak trains over freight trains is not only critical, it is also the law," said Amtrak CEO Stephen Gardner in a statement on the Rail Passenger Fairness Act. "Our customers should arrive on time, and freight railroads shouldn’t delay them with their own trains. Proper enforcement of the law is key, and the right tools must be available. We thank Reps. Deluzio and Boyle for introducing this important bill for our customers and their constituents, and we look forward to Congress continuing to discuss this issue and the best ways to ensure Amtrak customers arrive on time.”

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, the 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); the Transportation Communications Union; the Rail Passengers Association; and the Midwest Interstate Passenger Rail Commission. 

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.” 

“SMART-TD is proud to endorse the Rail Passenger Fairness Act, honoring the legacy of Representative Donald Payne, whose lifelong commitment to rail labor and unwavering support for our members has left an indelible mark on our community and this legislation,” said Greg Hynes, Director of National Safety and Legislative Department for SMART-TD. “We extend our heartfelt gratitude to Representatives Chris Deluzio and Brendan Boyle for their dedicated work on this important legislation and for recognizing and addressing the struggle of our passenger rail members as well as the American public. SMART-TD, as the largest organization in rail labor, looks forward to doing our part to fight for fairness in the rail industry. Getting this bill through the legislature and getting it to the President’s desk for signature will be a big step in this direction." 

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