[DOCID: f:hr703.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-703
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6003) TO REAUTHORIZE
AMTRAK, AND FOR OTHER PURPOSES
_______
June 9, 2008.--Referred to the House Calendar and ordered to be printed
_______
Ms. Matsui, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1253]
The Committee on Rules, having had under consideration
House Resolution 1253, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 6003, the
``Passenger Rail Investment and Improvement Act of 2008,''
under a structured rule. The resolution provides for one hour
of general debate equally divided and controlled by the
chairman and ranking minority member of the Committee on
Transportation and Infrastructure.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution makes in order the amendment
in the nature of a substitute recommended by the Committee on
Transportation and Infrastructure as the original bill for the
purpose of further amendment and considers the committee
amendment as read. The resolution waives all points of order
against the committee amendment except those arising under
clause 10 of rule XXI. This waiver does not affect the point of
order available under clause 9 of rule XXI (regarding earmark
disclosure).
The resolution makes in order only those amendments printed
in this report and waives all points of order against such
amendments except those arising under clause 9 or 10 of rule
XXI. The amendments made in order shall be considered as read,
shall be debatable for the time specified in this report
equally divided by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for
a division of the question.
The resolution provides one motion to recommit with or
without instructions. Finally, notwithstanding the operation of
the previous question, the Chair may postpone further
consideration until a time designated by the Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against the
bill and its consideration (except for those arising under
clause 9 or 10 of rule XXI), the Committee is not aware of any
specific points of order. The waivers of all points of order
against the bill and against its consideration are prophylactic
in nature.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Oberstar (MN): Manager's Amendment. Would provide that
none of the funds may be used to employ workers in violation of
section 274A of the Immigration and Nationality Act; and
requires the Secretary of Transportation to conduct a study on
ways to streamline compliance with National Historic
Preservation Act requirements for federally funded railroad
infrastructure projects. It also contains provisions regarding
the Northeast Corridor. It requires studies regarding the
expansion of the South Central High-Speed Rail Corridor to
Memphis and to far south Texas. It requires proposals for
building station stops for the proposed high-speed rail system
in the Northeast Corridor. It also would authorize intercity
passenger rail grants to be used for bicycle access into
rolling stock and would provide bicycle racks in trains.
Finally, it makes technical corrections to the bill. (30
minutes)
2. Davis, Tom (VA)/Van Hollen (MD)/Hoyer (MD): Would
authorize the Transportation Secretary to make grants to the
Washington Metropolitan Area Transit Authority to finance in
part the capital and preventive maintenance projects included
in the Capital Improvement Program approved by the Board of
Directors of the Transit Authority. It would prohibit funds to
the Transit Authority unless the Authority ensures its rail
customers have access to any services provided by any licensed
wireless provider that notifies the Authority of its intent to
offer services to the public. (10 minutes)
3. Smith, Adam (WA): Would require Amtrak to engage in good
faith discussions, with commuter rail entities and public
transportation authorities operating on the same trackage owned
by a rail carrier as Amtrak, with respect to routing and timing
of trains to efficiently move a maximal number of commuters,
intercity, and passenger rail passengers, particularly during
peak times of commuter usage. It also would require such
discussion with respect to the expansion and enhancement of
commuter rail and regional rail public transportation service.
(10 minutes)
4. Sessions (TX): Would prohibit funds from being used for
the long distance Amtrak route with the highest cost per seat/
mile according to Amtrak's March 2008 monthly performance
report unless the Secretary has transmitted a waiver for this
route or a portion of it because the Secretary considers it
critical to homeland security. (10 minutes)
5. McCarthy (NY): Would add to the passenger rail system
comparison study a request to study train horn technology, with
an emphasis on reducing train horn noise and its effect on
local communities. (10 minutes)
6. Flake (AZ): Would remove section 104 of the bill
(Baltimore tunnel project). (10 minutes)
7. Murphy, Christopher (CT): Would express support for
commuter rail service between New Haven, CT, and Springfield,
MA. It would encourage Amtrak to cooperate with state
Departments of Transportation to expand commuter rail service
on that line. Amtrak shall report to Congress and the
Transportation Departments of Connecticut and Massachusetts on
the total cost of uncompleted infrastructure maintenance on the
rail line between New Haven and Springfield. (10 minutes)
8. Murphy, Patrick (PA)/Schwartz (PA)/Holt (NJ): Would
require Amtrak, within one year of enactment, to report to
Congress on the results of an evaluation of passenger rail
between Cornwells Heights, PA, and New York City, NY, and
between Princeton Junction, NJ, and New York City, NY, to
determine whether to expand passenger rail service by
increasing the frequency of stops or reducing commuter ticket
prices for this route. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Oberstar of Minnesota,
or His Designee, Debatable for 30 Minutes
In section 101(c)--
(1) strike ``Americans With Disabilities Act
Compliance'' in the subsection heading and insert
``Accessibility Improvements and Barrier Removal for
People With Disabilities''; and
(2) strike ``for compliance with the requirements of
the Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.)'' and insert ``to improve the
accessibility of facilities, including rail platforms,
and services''.
In title I, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 105. COMPLIANCE WITH IMMIGRATION AND NATIONALITY ACT.
Notwithstanding any other provision of this Act, none of the
funds authorized by this Act may be used to employ workers in
violation of section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a).
In section 205(a), strike ``103(c)'' and insert ``103(2)''.
In section 209(a), in the proposed section 24905(b)--
(1) strike ``and'' at the end of paragraph (8);
(2) strike the period at the end of paragraph (9) and
insert ``; and''; and
(3) after paragraph (9), insert the following new
paragraph:
``(10) potential funding and financing mechanisms for
projects of corridor-wide significance.
In section 209(a), in the proposed section 24905(c)(1)(A)--
(1) strike ``and'' at the end of clause (i);
(2) insert ``and'' at the end of clause (ii); and
(3) after clause (ii), insert the following new
clause:
``(iii) all financial contributions
made by an operator of a service,
including but not limited to, for any
capital infrastructure investments, as
well as for any in-kind services, are
considered;
In section 209(c)(2)(B), insert ``, including but not limited
to, any adverse impact on existing and projected intercity,
commuter, and freight service'' after ``such an achievement''.
In section 211, insert ``including issues related to the
raising of passenger rail station platforms,'' after ``to
achieving compliance,''.
In section 211, strike ``an overall schedule'' and insert ``a
detailed plan and schedule''.
In section 211, insert ``by the 2010 statutory deadline for
station accessibility'' after ``parts of section 242(e)(2)''.
In section 211, strike ``July 1, 2009'' and insert ``February
1, 2009''.
Strike subsection (c) of section 214.
In title II, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 225. HISTORIC PRESERVATION AND RAILROAD SAFETY.
(a) Study; Other Actions.--The Secretary of Transportation
shall--
(1) conduct a study, in consultation with the
Advisory Council on Historic Preservation, the National
Conference of State Historic Preservation Officers, the
Department of the Interior, appropriate representatives
of the railroad industry, and representative
stakeholders, on ways to streamline compliance with the
requirements of section 303 of title 49, United States
Code, and section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) for federally funded
railroad infrastructure repair and improvement
projects;
(2) take immediate action to cooperate with the
Alaska Railroad, the Alaska State Historic Preservation
Office, the Advisory Council on Historic Preservation,
and the Department of the Interior, in expediting the
decisionmaking process for safety-related projects of
the railroad involving property and facilities that
have disputed historic significance; and
(3) take immediate action to cooperate with the North
Carolina Department of Transportation, the North
Carolina State Historic Preservation Office, the
Virginia State Historic Preservation Office, the
Advisory Council on Historic Preservation, and the
Department of the Interior, in expediting the
decisionmaking process for safety-related projects of
the railroad and the Southeast High Speed Rail Corridor
involving property and facilities that have disputed
historic significance.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit, to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a report on the results of the
study conducted under subsection (a)(1) and the actions
directed under subsection (a)(2) and (3). The report shall
include recommendations for any regulatory or legislative
amendments that may streamline compliance with the requirements
described in subsection (a)(1) in a manner consistent with
railroad safety and the policies and purposes of section 106 of
the National Historic Preservation Act (16 U.S.C. 470f),
section 303 of title 49, United States Code, and section 8(d)
of Public Law 90-543 (16 U.S.C. 1247(d)).
In section 301, in the proposed section 24402, add at the end
the following new subsection:
``(k) Bicycle Access.--Grants under this chapter may be used
to provide bicycle access into rolling stock, and to provide
bicycle racks in trains.''.
In section 301, in the proposed section 24405(e), strike
paragraph (1) and redesignate paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
In section 502(a)(2), amend subparagraph (F) to read as
follows:
(F) the locations of proposed stations,
identifying, in the case of a proposal
submitted under paragraph (1) (A), a plan
allowing for station stops at or in close
proximity to the busiest Amtrak stations;
In section 503--
(1) strike ``and'' at the end of paragraph (1);
(2) strike the period at the end of paragraph (2) and
insert a semicolon; and
(3) insert after paragraph (2) the following new
paragraphs:
(3) a feasibility analysis regarding the expansion of
the South Central High-Speed Rail Corridor to Memphis,
Tennessee; and
(4) a feasibility analysis regarding the expansion of
the South Central High-Speed Rail Corridor south of San
Antonio to a location in far south Texas to be chosen
at the discretion of the Secretary.
In section 504(e), strike paragraph (1) and redesignate
paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
----------
2. An Amendment To Be Offered by Representative Davis of Virginia, or
His Designee, Debatable for 10 Minutes
Add at the end of title I the following new section:
SEC. 105. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS
FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
(a) Authorization.--
(1) In general.--Subject to the succeeding provisions
of this section, the Secretary of Transportation is
authorized to make grants to the Transit Authority, in
addition to the contributions authorized under sections
3, 14, and 17 of the National Capital Transportation
Act of 1969 (sec. 9-1101.01 et seq., D.C. Official
Code), for the purpose of financing in part the capital
and preventive maintenance projects included in the
Capital Improvement Program approved by the Board of
Directors of the Transit Authority.
(2) Definitions.--In this section--
(A) the term ``Transit Authority'' means the
Washington Metropolitan Area Transit Authority
established under Article III of the Compact;
and
(B) the term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact (80
Stat. 1324; Public Law 89-774).
(b) Use of Funds.--The Federal grants made pursuant to the
authorization under this section shall be subject to the
following limitations and conditions:
(1) The work for which such Federal grants are
authorized shall be subject to the provisions of the
Compact (consistent with the amendments to the Compact
described in subsection (d)).
(2) Each such Federal grant shall be for 50 percent
of the net project cost of the project involved, and
shall be provided in cash from sources other than
Federal funds or revenues from the operation of public
mass transportation systems. Consistent with the terms
of the amendment to the Compact described in subsection
(d)(1), any funds so provided shall be solely from
undistributed cash surpluses, replacement or
depreciation funds or reserves available in cash, or
new capital.
(3) Such Federal grants may be used only for the
maintenance and upkeep of the systems of the Transit
Authority as of the date of the enactment of this Act
and may not be used to increase the mileage of the rail
system.
(c) Applicability of Requirements For Mass Transportation
Capital Projects Receiving Funds Under Federal Transportation
Law.--Except as specifically provided in this section, the use
of any amounts appropriated pursuant to the authorization under
this section shall be subject to the requirements applicable to
capital projects for which funds are provided under chapter 53
of title 49, United States Code, except to the extent that the
Secretary of Transportation determines that the requirements
are inconsistent with the purposes of this section.
(d) Amendments to Compact.--No amounts may be provided to the
Transit Authority pursuant to the authorization under this
section until the Transit Authority notifies the Secretary of
Transportation that each of the following amendments to the
Compact (and any further amendments which may be required to
implement such amendments) have taken effect:
(1)(A) An amendment requiring that all payments by
the local signatory governments for the Transit
Authority for the purpose of matching any Federal funds
appropriated in any given year authorized under
subsection (a) for the cost of operating and
maintaining the adopted regional system are made from
amounts derived from dedicated funding sources.
(B) For purposes of this paragraph, the term
``dedicated funding source'' means any source of
funding which is earmarked or required under State or
local law to be used to match Federal appropriations
authorized under this Act for payments to the Transit
Authority.
(2) An amendment establishing an Office of the
Inspector General of the Transit Authority.
(3) An amendment expanding the Board of Directors of
the Transit Authority to include 4 additional Directors
appointed by the Administrator of General Services, of
whom 2 shall be nonvoting and 2 shall be voting, and
requiring one of the voting members so appointed to be
a regular passenger and customer of the bus or rail
service of the Transit Authority.
(e) Access to Wireless Service in Metrorail System.--
(1) Requiring transit authority to provide access to
service.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this
section unless the Transit Authority ensures that
customers of the rail service of the Transit Authority
have access within the rail system to services provided
by any licensed wireless provider that notifies the
Transit Authority (in accordance with such procedures
as the Transit Authority may adopt) of its intent to
offer service to the public, in accordance with the
following timetable:
(A) Not later than 1 year after the date of
the enactment of this Act, in the 20
underground rail station platforms with the
highest volume of passenger traffic.
(B) Not later than 4 years after such date,
throughout the rail system.
(2) Access of wireless providers to system for
upgrades and maintenance.--No amounts may be provided
to the Transit Authority pursuant to the authorization
under this section unless the Transit Authority ensures
that each licensed wireless provider who provides
service to the public within the rail system pursuant
to paragraph (1) has access to the system on an ongoing
basis (subject to such restrictions as the Transit
Authority may impose to ensure that such access will
not unduly impact rail operations or threaten the
safety of customers or employees of the rail system) to
carry out emergency repairs, routine maintenance, and
upgrades to the service.
(3) Permitting reasonable and customary charges.--
Nothing in this subsection may be construed to prohibit
the Transit Authority from requiring a licensed
wireless provider to pay reasonable and customary
charges for access granted under this subsection.
(4) Reports.--Not later than 1 year after the date of
the enactment of this Act, and each of the 3 years
thereafter, the Transit Authority shall submit to the
Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a
report on the implementation of this subsection.
(5) Definition.--In this subsection, the term
``licensed wireless provider'' means any provider of
wireless services who is operating pursuant to a
Federal license to offer such services to the public
for profit.
(f) Amount.--There are authorized to be appropriated to the
Secretary of Transportation for grants under this section an
aggregate amount not to exceed $1,500,000,000 to be available
in increments over 10 fiscal years beginning in fiscal year
2009, or until expended.
(g) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.
----------
3. An Amendment To Be Offered by Representative Smith of Washington, or
His Designee, Debatable for 10 Minutes
In title IV, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 402. ROUTING EFFICIENCY DISCUSSIONS WITH AMTRAK.
Amtrak shall engage in good faith discussions, with commuter
rail entities and regional and State public transportation
authorities operating on the same trackage owned by a rail
carrier as Amtrak, with respect to the routing and timing of
trains to most efficiently move a maximal number of commuter,
intercity, and regional rail passengers, particularly during
the peak times of commuter usage at the morning and evening
hours marking the start and end of a typical work day, and with
respect to the expansion and enhancement of commuter rail and
regional rail public transportation service.
----------
4. An Amendment To Be Offered by Representative Sessions of Texas, or
His Designee, Debatable for 10 Minutes
In title I, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 105. LIMITATION.
None of the operating funds authorized in this Act may be
used by Amtrak for the long distance route that has the highest
cost per seat/mile ratio according to the March 2008 Amtrak
monthly performance report, unless the Secretary has
transmitted a waiver for this route or a portion of the route
because the Secretary considers it to be critical to homeland
security.
----------
5. An Amendment To Be Offered by Representative McCarthy of New York,
or Her Designee, Debatable for 10 Minutes
In section 304(a), in the proposed section 24910(b)--
(1) strike ``and'' at the end of paragraph (11);
(2) strike the period at the end of paragraph (12)
and insert ``; and''; and
(3) after paragraph (12), add the following new
paragraph:
``(13) the development and use of train horn
technology, including, but not limited to, broadband
horns, with an emphasis on reducing train horn noise
and its effect on communities.
----------
6. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
Strike section 104 and the item relating thereto in the table
of contents.
----------
7. An Amendment To Be Offered by Representative Murphy of Connecticut,
or His Designee, Debatable for 10 Minutes
In title II, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 225. COMMUTER RAIL EXPANSION.
(a) Findings.--The Congress find the following:
(1) In 2006, Americans took 10,100,000,000 trips on
public transportation for the first time since 1949.
(2) The Northeast region is one of the Nation's
largest emerging transportation ``megaregions'' where
infrastructure expansion and improvements are most
needed.
(3) New England's road traffic has increased two to
three times faster than its population since 1990.
(4) Connecticut has one of the Nation's longest
average commute times according to the United States
Census Bureau, and 80 percent of Connecticut commuters
drive by themselves to work, demonstrating the need for
expanded commuter rail access.
(5) The Connecticut Department of Transportation has
pledged to modernize, repair, and strengthen the rail
line infrastructure to provide for increased safety and
security along a crucial transportation corridor in the
Northeast.
(6) Expanded New Haven-Springfield rail service would
improve access to Bradley International Airport, one
the region's busiest airports, as well as to Hartford,
Connecticut, and Springfield, Massachusetts, two of the
region's commercial, residential, and industrial
centers.
(7) Expanded commuter rail service on the New Haven-
Springfield line will result in an estimated 630,000
additional trips per year and 2,215,384 passenger miles
per year, helping to curb pollution and greenhouse gas
production that vehicle traffic would otherwise
produce.
(8) The MetroNorth New Haven Line and Shore Line East
railways saw respective 3.43 percent and 4.93 percent
increases in ridership over the course of 2007,
demonstrating the need for expanded commuter rail
service in Connecticut.
(9) Expanded New Haven-Springfield commuter rail
service will provide transportation nearly 17 times
more efficient in terms of average mileage versus road
vehicles, alleviating road congestion and providing a
significant savings to consumers during a time of high
gas prices.
(b) Sense of Congress.--It is the Sense of the Congress that
expanded commuter rail service on the rail line between New
Haven, Connecticut, and Springfield, Massachusetts, is an
important transportation priority, and Amtrak should work
cooperatively with the States of Connecticut and Massachusetts
to enable expanded commuter rail service on such line.
(c) Infrastructure Maintenance Report.--Amtrak shall submit a
report to Congress and the State Departments of Transportation
of Connecticut and Massachusetts on the total cost of
uncompleted infrastructure maintenance on the rail line between
New Haven, Connecticut, and Springfield, Massachusetts.
----------
8. An Amendment To Be Offered by Representative Patrick Murphy of
Pennsylvania, or His Designee, Debatable for 10 Minutes
In title II, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 225. SERVICE EVALUATION.
Not later than 1 year after the date of enactment of this
Act, Amtrak shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the results of an evaluation of
passenger rail service between Cornwells Heights, PA, and New
York City, NY, and between Princeton Junction, NJ, and New York
City, NY, to determine whether to expand passenger rail service
by increasing the frequency of stops or reducing commuter
ticket prices for this route.
<all>