Republicans push bill to limit Amtrak’s right of preference: Analysis

By Bob Johnston | October 31, 2023

Majority of “Freights First Act” proponents represent areas without passenger service; Transportation Trades Department warns of consequences

WASHINGTON — Legislation that aims to reverse Amtrak’s statutory right of preference over host railroad freight trains “within 50 miles of a port or rail yard” has been introduced by a U.S. Congressman representing a rural district without any passenger service. Among its co-sponsors is the head of the U.S. House subcommittee with jurisdiction over Amtrak.

The “Freights First Act” was introduced in June by U.S. Rep. Eric Burlison (R-Mo.), whose district in the southwest corner of the state has never been served by Amtrak. An original co-sponsor is Troy Nehls (R-Texas), chairman of the House Transportation and Infrastructure Committee’s Subcommittee on Railroads and Pipelines. ... In a press release on the bill’s introduction, Nehls said, “Taxpayer dollars heavily fund Amtrak, and their operations should not interfere with the movement of freight across our country that Americans need every day. Our nation’s supply chain should not be delayed, appealing to the needs of one company.” This mirrors a view he had expressed while leading a subcommittee hearing the previous day [see “Gardner’s bonuses, lack of profitability attacked …,” Trains News Wire, June 6, 2023].

The bill “Fact Sheet” released by Burlison refers only to the movement of goods, not people: “The Freights First Act removes Amtrak’s burdensome right of track mandate within 50 miles of a port or rail yard and ensures America’s businesses and working families receive their goods in a timely fashion. We should find ways to cut red tape to benefit our supply chain instead of providing special treatment to poor stewards of the people’s money like Amtrak. This bill does just that.”

The legislation has gained only three additional co-sponsors since it was introduced (see table above), but AFL-CIO Transportation Trades Department president Greg Regan is concerned that rescinding Amtrak’s right of preference is a misplaced focus and a threat to the company’s ability to carry out its mission.

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