[House Report 110-703]
[From the U.S. Government Publishing Office]



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.

                                  
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