1. Short title This Act may be cited as the Rail Passenger Fairness Act . 2. Findings (1) Congress created Amtrak under the Rail Passenger Service Act of 1970 ( Public Law 91–158 ). (2) Amtrak began serving customers on May 1, 1971, taking over the operation of most intercity passenger trains that private, freight railroads were previously required to operate. In exchange for assuming these passenger rail operations, Amtrak was given access to the national rail network. (3) In return for relief from the obligation to provide intercity passenger service, railroads over which Amtrak operated (referred to in this section as host railroads ) were expected to give Amtrak passenger trains preference over freight trains when using the national rail network. (4) In 1973, Congress passed the Amtrak Improvement Act of 1973 ( Public Law 93–146 ), which gives intercity and commuter rail passenger transportation preference over freight transportation in using a rail line, junction, or crossing. This right, which is now codified as section 24308(c) of title 49, United States Code, states, Except in an emergency, intercity and commuter rail passenger transportation provided by or for Amtrak has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this subsection. A rail carrier affected by this subsection may apply to the Board for relief. If the Board, after an opportunity for a hearing under section 553 of title 5, decides that preference for intercity and commuter rail passenger transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the carrier and Amtrak on reasonable terms. . (5) Many host railroads have ignored the law referred to in paragraph (4) by refusing to give passenger rail the priority to which it is statutorily entitled and giving freight transportation the higher priority. As a result, Amtrak’s on time performance on most host railroads is poor, has declined