H.R. 5570 — Rail Passenger Fairness Act

This section states 12 congressional findings on Amtrak's history, statutory preference rights over freight trains on host railroads (codified at 49 U.S.C. 24308(c)), and resulting on-time performance issues. The findings document Amtrak's creation under the Rail Passenger Service Act of 1970 (P.L. 91-158), its assumption of intercity passenger operations on May 1, 1971; host railroads' failure to provide required preference, causing 6.5 million customers on state-supported and long-distance trains to arrive late in FY2019 (nearly 70% of delays, or 3.2 million minutes, due to host railroads, including over 1 million minutes from freight interference); potential cost savings from improved performance (e.g., $12.1 million annually from a 5% improvement, up to $41.9 million plus $336 million one-time for long-distance routes at 75% on-time); historical improvements after the 2008 Passenger Rail Investment and Improvement Act (P.L. 110-432) enforcement provisions (e.g., long-distance on-time performance from 56% to 85%, freight interference delays down 54%) followed by declines after 2014 court ruling; Amtrak's inability to meet its mission under 49 U.S.C. 24101; and the need for Amtrak to gain authority to enforce preference rights in federal court alongside the Attorney General (who acted only once, in 1979).

This section authorizes Amtrak to bring a civil action for equitable or other relief in the U.S. District Court for the District of Columbia to enforce its preference rights under 49 U.S.C. 24308(c) (i.e., priority access by Amtrak over rail carriers for use of tracks, services, and equipment), notwithstanding the general rule in 49 U.S.C. 24103(a)(1) that only the Attorney General may bring such actions (except for certain labor matters). (Thus, Amtrak gains independent enforcement authority previously reserved to the Attorney General.)