Regulatory Missouri Congressman reintroduces bill to remove Amtrak right of preference

Missouri Congressman reintroduces bill to remove Amtrak right of preference

By David Lassen | July 28, 2025

| Last updated on August 6, 2025


‘Freight First Act’ has also been introduced in 2022 and 2023

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Trains meet in glint lighting
Amtrak’s eastbound Borealis meets a CPKC freight at Brookfield, Wis., on Oct. 8, 2024. An eastbound CPKC freight following the passenger train is visible in the distance. David Lassen

WASHINGTON — U.S. Rep. Eric Burlison (R-Mo.) has reintroduced legislation that would strip Amtrak of its statutory right of operating preference on host freight railroads. It is at least the third time such legislation has been introduced, including the second by Burleson.

The “Freights First Act” would eliminate the right of preference within 50 miles of a port or rail yard — which would likely cover a significant portion of Amtrak’s route mileage. “When freight is forced to wait for passenger trains near critical infrastructure, our entire economy suffers,” Burlison said in a press release.

Burlison — who represents a district with no Amtrak service — previously introduced a version of the bill in June 2023 [see “Republicans push bill to limit Amtrak’s right of preference: Analysis,Trains News Wire, Oct. 31, 2023]. That legislation, H.R. 3893, died in committee, as did a slightly different version introduced in 2022 by Rep. Dusty Johnson (R-S.D.)

While the right of preference currently exists, Amtrak has frequently expressed frustrations that some railroads do not handle its trains accordingly. The company went to the Surface Transportation Board to request an investigation into handling of the Sunset Limited in 2022, the first use of a procedure created as part of the Passenger Rail Investment and Improvement Act of 2008 [see “Amtrak asks federal regulators …,” Trains News Wire, Dec. 9, 2022]. That process is continuing. It also apparently urged the Justice Department to take action on the issue, resulting in a lawsuit over Norfolk Southern’s handling of the Crescent that is near a settlement, according to a recent court filing.   [see “Justice Department and Norfolk Southern near settlement …,” News Wire, July 14, 2024].

The preference issue was addressed in detail in an article, “Passage interference,”  in the May 2025 issue of Trains Magazine.

In Canada, VIA Rail does not have the right of preference, leaving the matter to be settled between VIA and freight operators. Frequent freight delays have led VIA to lengthen the schedule for its flagship train, the Toronto-Vancouver Canadian, to 96 hours — 26 more than when it was introduced as a Canadian Pacific train in 1955 [see “VIA’s Canadian turns 70 …,” News Wire, April 23, 2025]. Current VIA CEO Mario Péloquin has sought rules establishing such preference [see “VIA Rail Canada CEO calls for ‘passenger bill of rights’ …,” News Wire, Oct. 23, 2023]; a bill introduced in Parliament in 2023 to establish VIA preference failed to advance.

20 thoughts on “Missouri Congressman reintroduces bill to remove Amtrak right of preference

  1. Let me see if I can get into the spirit of things as expressed by our ever-reliable progressives, Chris and Galen. “Repulsivicans” is a new reach for you Demoscum. How’s that? It’s difficult for me to really get into that groove, as a happy conservative, because I have something you progs lack: a sense of humor combined with common sense. But, by golly, you can regurgitate your hypocritical anti-Trump cliches like all good consumers of the formerly mainstream media. 🙂

    Now to an actual issue: no budget will be balanced by eliminating any trains, long distance or other. Nothing will be fixed by further taxing millionaires and billionaires. If you confiscated the wealth of every billionaire in the country, you couldn’t run it for 2 weeks. Tax the rich! is a non-starter and useless rhetoric from and for the ignorant. What we really need is a national referendum on government-run passenger trains: do we want ’em or don’t we? If we want ’em, shall we subsidize them equally with all other modes of transportation or not?

    A honest vote – same day, in person, proof of citizenship – on national issues of this type would be quite refreshing. It could put to rest one side or the other of issues like this.

  2. Charles – respectively, how many routes have been eliminated over the yrs as a result of budget cuts while air & hwy subsidies were increased? Pioneer, NCHiawatha, Desert Wind, the Carter cuts, a lot of lost potential all very shortsighted which has left Amtrak in its current state.

  3. Charles, you missed (conveniently) the funding discrepancy. If Amtrak was as generously funded with nonuser funds as hwys & aviation are Amtrak could expand & grow like the others.

    1. If Amtrak had decent funding we could probably catch up to the rest of the World. If that happened President Charles of the Southeast Wisconsin Curmudgeon Club would still complain about Amtrak.

    2. Galen and Mark — What do you want me to say about Amtrak? That it’s a fine railroad? Actually it is where I live. Boring Alice and Hiawatha are great services and I’ve said so many times over.

      As for a comment (below) that I don’t belong on this site, because I fly a lot, I did some math while trackside (CPKC) just now. I ride about as many trains as airplanes. Past 12 months: Washington State two airplanes, two trains. Two Colorado trips five planes, four trains. Massachusetts trip, four planes, two trains. Minnesota zero airplanes, two trains. Illinois two trains. Etc.

  4. Any article that about Amtrak or transit draws Repulsivicans like bees to honey. They can’t wait to extol their “know it all” ” I got all the answers” rhetoric. To hell with those people in areas with little or no other transportation options “let them eat cake”! Why don’t they just fly “like me”. Oh the only Amtrak service should be in the NEC where they live which is comped by the taxpayer for premium service while other states have to pay the full cost for their service. This isn’t just about LD service look how CN screws over Amtrak with axel count BS. Amtrak’s condition is the result of Govt starvation in comparison to deficit binge spending (which the R’s seem to be silent about now) $200 billion + to bail out the HTF which is suppose to make the hwys self sufficient & has been bankrupt since 2009. Now they want to spend $10’s of billions on aviation upgrades with non-user tax dollars. Why should I pay for this crap!! Pone up for a $1.00 gal gas tax & charge those aviation upgrades to your cheap taxpayer subsidized tickets instead of freeloading off the taxpayers!!

  5. C. Landed sounds like that nay say McGuire that’s on here from time to time. Amtrak seems to be using “heavy freight train interference” as an excuse for many tardy trains on the train tracker. The one that puzzles me is the freight interference on the Raton pass portion of A#3&4 where Amtrak is supposedly the only train on the line. It’s also believable that a congress person with no Amtrak service in their jurisdiction would want to eliminate Amtrak.

  6. Freight trains already delay Amtrak. This bill would make things worse – far worse. The only possible reason for the bill is to intentionally cause passenger delays, scaring off those who don’t absolutely have to travel by train. Then MAGA can do Trump’s bidding and kill Amtrak once and for all. Passenger trains are useless to men with private jets.

    1. You write, “Passenger trains are useless to men with private jets.” That is low-end political rhetoric which adds nothing to our discussion. Passenger trains are useless to most long-distance travelers. Last Saturday I flew out of Denver among huge masses of people who didn’t have private jets. I have never been on a private jet, never wanted to be.

      Looking at the flights I have taken in the last decade (which have been numerous) the only city pair where I could reasonably have taken Amtrak was Milwaukee to Detroit. (I flew Delta.) All the others, train service was either non-existent or would have taken far more time than I had available. Plus the much greater expense of Amtrak, plus the lack of reliable timekeeping. For example my most recent trip (Wisconsin to NE Colorado) had I taken Amtrak that would have eaten up almost all the time I had — I’d have been on the train instead of with my family —- and that assumes Amtrak would have gotten me there without a massive delay.

      The idea that Amtrak serves the masses of persons of average income is hooey. It should but it does not and never will.

      I will never forget a wonderful multi-train trip, 1986, we took from Lapeer, Michigan, to and around Ontario. Four of the seven trains we rode have since been discontinued. To take the same trip now, we’d fly to Toronto or Ottawa and rent a car.

    2. Charles if passenger train service in this country was given a fraction of the tax dollars that airlines receive Amtrak wouldn’t be as bad as it is and would be a better travel option. We all know you fly all over the place and good for you. But some of us hate flying and have seen what other countries have accomplished by properly funding their passenger train service. But you are one of those who complain about Amtraks sorry service but rejoice when congress uses it as political whipping boy. But what else should I expect from a far right republican. I’ll bet you are beloved on the comment sections of your airplane magazines.

    3. I have read you on both sides of this fence, Charles. Sometimes, you seem to like Amtrak service and have used it when you wanted. I have read you lament the airlines numerous times, also. What’s the deal with you. Why be such a naysayer about the usefulness of having Amtrak service. In this day of PSR you would think dispatching Amtrak would be somewhat easier with long stretches of track with no traffic except at night or during the day. or running long trains in one direction and shorter ones opposing them. You take this as a politcal football and run for the touchdown, but you really kinda contradict yourself, often. JIt does seem odd that the lawmakers introducing these bills have absolutely no Amtrak service, some not even in the entire state. GEEEESH

    4. Gee, people give me a break, eh? Who says I’m against passenger trains? A better way of saying it is this: passenger trains are against me. To borrow an oft-used political phrase which applies to me, I didn’t leave the Democrat Party, the Democrat Party left me. Same for trains. I didn’t write off Amtrak and VIA (after having traveled much of both), Amtrak and VIA got rid of me as a passenger.

      Last year I traveled from Wisconsin to my native land, which is the Boston – Providence suburban zone. I had a choice of three modes, (1) driving, which I hate and fear, (2) flying to PVD Rhode Island T. F. Green International, or (3) taking Amtrak to Boston. I flew (changing at BWI Baltimore), which was 100.0000% of the consideration I gave amongst the three modes.

      Recall the conversation of a week or so on these same pages. According to our western Massachusetts crowd, Amtrak 449 routinely ran 4-5 hours late. That was then. Now it’s not running at all.

      All that stuff about Amtrak serving rural America where the people have no other choice. Well, by and large the people of America can’t ride Amtrak. There’s no Amtrak in Wyoming, South Dakota, Phoenix, southern Montana, Des Moines, the Florida panhandle, southern Utah, much of New Hampshire, 95% of fast-growing Tennessee, most of Kentucky, and numerous other places. Yes, there is Amtrak in North Dakota, assuming your trip is east-west as opposed to north-south.

      Don’t blame me. I’m the messenger. Amtrak and VIA are the failures.

  7. Part of the answer is to eliminate the long-distance trains. They carry a very small percentage of intercity travelers. They cost the taxpayers approximately $2.3 billion for the three years ended FY24, and they divert resources from areas where passenger trains make sense, which is relatively short, high density corridors where the cost to expand the highways and airways is prohibitive.

    1. By eliminating long-distance trains you are condemning those who cannot fly to insane bus or car journeys, or simply being unable to travel at all. Just because you don’t need the trains, doesn’t mean that there aren’t those who rely on them. Want to save money, slash the salaries of millionaire and billionaire politicians. Tax billionaires. Make Trump reimburse the government for his golf trips. Trains are but a drop in the barrel of pork barrel politics.

    2. Alan Kleipass. Have you never heard of airlines? Countless thousands of people I saw at Denver International last Saturday weren’t on the bus.

      Oh, I get it, trains serve rural areas that don’t have commercial airports. Actually Amtrak has single-digit penetration of that market. There are a few scattered trains here or there that serve a few communities assuming that the train goes where the people want to go.

    3. Paul and Charles, why are you two guys even on this site. You obviously aren’t true rail fans or you wouldn’t be advocating killing long distance passenger service to somehow balance the national budget. That’s a joke and you both know it. Like Alan said, Amtrak long distance trains are but “a drop in the barrel of pork barrel politics” Amtrak definitely could be run better. But the fact that it still exists after decades of congressional abuse is a testament that it must be of some value. I’d think you guys would at least support Amtrak as much as you have your orange king.

    4. CHRIS — You ask, why am I on this site?

      I’m on this site because (both as a function of my age and my interests) I’ve ridden far more VIA and Amtrak than most people reading these pages. Also I’m a huge consumer of suburban trains and urban subways, much preferring transit to driving, anywhere from Europe to New York to Montreal to Edmonton to San Francisco and many other cities.

      You say I advocate killing the LDs. You’re right that I am (obviously) very disappointed at the LDs but I’ve never advocated discontinuance.

  8. Here in Missouri, miraculously, over the years, they have increased capacity by building a second bridge over the Osage river, creating a new siding at CP Shell and lengthening other sidings. UP still manages to screw up Amtrak’s schedule with boneheaded dispatching and operations decisions such as running under powered trains and running slow trains out in front of Amtrak.

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