Bill aims to prioritize rail freight, untangle congestion

WASHINGTON — A bill stripping government-backed preference given to Amtrak passenger service over track shared with freight railroads has been reintroduced in Congress as a way to alleviate congestion near ports and rail yards.

The Freights First Act was introduced in 2022 by U.S. Rep. Dusty Johnson, R, S.D., but died before making it out of committee. It was resurrected on Friday by U.S. Rep. Eric Burlison, R, Mo.

“The backbone of America’s economy is a strong and reliable supply chain,” Burlison said in a press release.

“When freight rail is forced to wait for passenger trains near critical infrastructure, our entire economy suffers. My Freights First Act removes this barrier and ensures goods arrive on time and without costly delays.”

Federal law in place since Amtrak was created gives passenger service preference over freight railroads on shared tracks, “but often creates unnecessary bottlenecks near ports and major rail yards,” Burlison’s office asserted.

For five years after the bill is enacted, “intercity and commuter rail passenger transportation provided by or for Amtrak shall not have preference over freight transportation in using a rail line, junction, or crossing if such rail line, junction, or crossing is located within 50 miles of a port or rail yard,” according to text in the 2022 bill. A copy of the latest bill was not immediately available.

When Johnson introduced the legislation three years ago, it was against the backdrop of lingering delays caused by the Covid-19 pandemic. “The supply chain backlogs that began at our ports have trickled down to our freight rail networks,” Johnson stated at the time.

Burlison did not provide a particular justification for reviving the legislation. Analysts have recently pointed out, however, that tariffs, and the trade disruption that may result, sets up the potential for supply chain kinks that could lead to congestion in the U.S.

Following service delays last year on its Sunset Limited service over track shared with the Union Pacific Railroad (NYSE: UNP), Amtrak cited the freight railroad’s obligations to the passenger service in a complaint filed with the Surface Transportation Board in October.

The “public bargain” that created Amtrak over 50 years ago that relieved railroads from operating increasingly unprofitable passenger rail service “had a critical condition,” Amtrak stated in its complaint.

“In return, the railroads had to – and must still – provide rail passengers with preference over freight traffic on their rail lines. That passenger-preference obligation …. was also consistent with the commitments made by industry leaders at the time of Amtrak’s inception to continue to prioritize passenger trains.”

UP responded that Congress “created Amtrak to relieve railroads from financial burdens of serving passengers that were endangering their ability to compete for freight, not to promote passenger service at the expense of freight service.”