![](media/image1.jpeg){width="6.302083333333333in" height="1.125in"}

# Legislative Bulletin.............................................\............June 10, 2008

**Contents:**

**H.R. 6003**---Passenger Rail Investment and Improvement Act of 2008

H.R. 6003, the Passenger Rail Investment and Improvement Act of 2008
(sponsored by Rep. James Oberstar, D-MN), is scheduled to be considered
on the House floor on Tuesday, June 10, 2008, subject to a structured
rule ([**H.Res.
1253**](http://www.rules.house.gov/SpecialRules_details.aspx?NewsID=3683)),
making in order the eight amendments summarized below, each debatable
for 10 minutes.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, waives all points of order
against the bill itself---except the PAYGO rule---and allows the Chair
to postpone consideration of the legislation at any time during its
consideration. The rule allows one motion to recommit with or without
instructions.

[Note]{.underline}: The summaries below are based on RSC staff review of
*actual amendment text* and thus differ from what's on the Rules
Committee website. For a summary of the underlying bill, see a separate
RSC document released today.

**[RSC Staff Contact]{.underline}**: Brad Watson;
<brad.watson@mail.house.gov>; 202-226-9719

**AMENDMENTS MADE IN ORDER UNDER THE RULE**

1.  ***Oberstar (D-MN)*** **Manager's Amendment:** In addition to
    technical corrections, the amendment states none of the funds can be
    used to employ workers in violation of the Immigration and
    Nationality Act and requires the Secretary of Transportation to
    conduct a study on the "Historic Preservation and Railroad Safety."

2.  **Davis (R-VA)/*Van Hollen (D-MD/Hoyer (D-MD)*:** This amendment is
    similar to H.R. 401, the National Capital Transportation Amendments
    Act of 2007. The amendment would authorize \$1.5 billion in federal
    money for the DOT to fund 50% of Washington Metropolitan Area
    Transit Authority (WMATA) capital and preventative maintenance
    projects over the next ten years. The money would be used primarily
    for infrastructure upgrades and new rail cars and buses. Over the
    next decade, WMATA intends to replace nearly all of its Metrorail
    cars and a significant portion of its transit system's buses.

> Many House and Senate conservatives have mounted numerous attempts to
> block consideration of the National Capital Transportation Amendments
> Act. In 2006, RSC Chairman Jeb Hensarling and former Chairman Mike
> Pence sent [a joint
> letter](http://www.humanevents.com/downloads-pdfs/2006-06-25_WMATA_Letter.pdf)
> to House Leadership asking that the bill not be brought for floor. The
> letter expressed concerns that the legislation would undermine
> competition and incentivize mismanagement by taking \$1.5 billion from
> taxpayers to bail out a poorly administered transit system in one
> metropolitan area.
>
> During debate on the bill in 2006, the legislation was dubbed "the
> largest earmark in history" by the Heritage Foundation and various
> media sources. The Heritage Foundation's Ronald Utt warned that, "If
> enacted, this earmark would be one of the largest ever passed---seven
> times larger than Alaska's 'Bridge to Nowhere' and twice as large as
> Mississippi's 'Train to Nowhere.' This earmark would reward Metro's
> poor performance with an astounding sum of money while enabling the
> system to put off essential reforms." Such funding is particularly
> questionable given that it uses federal money to benefit a single
> transit system in an area with a median income of \$78,978, while the
> median income of all American taxpayers is \$48,201.
>
> For more information, see
> [this](http://www.house.gov/hensarling/rsc/doc/pb_022808_dcmetro.doc)
> RSC Policy Brief.

3.  ***Smith (D-WA)*:** The amendment would require Amtrak to engage in
    "good faith discussions" with commuter rail entities and regional
    and state public transportation authorities operating on the same
    tracks owned by a rail carrier as Amtrak, with respect to 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...and with respect to the
    expansion and enhancement of enhancement of commuter rail and
    regional rail public transportation service."

4.  **Sessions (R-TX):** The amendment prohibits funds authorized by
    H.R. 6003 from being used by Amtrak for the long distance route that
    has the highest cost on a per seat/mile ratio according to the March
    2008 Amtrak monthly performance route. According to this report,
    that route is the Sunset Limited, which runs from Los Angeles to New
    Orleans. An exception is provided if the Secretary has transmitted a
    waiver for the route because the Secretary considers it to be
    critical to homeland security.

5.  ***McCarthy (D-NY)*:** Requires the Rail cooperative research
    program (established by section 304 of the bill) to carry out
    research for the development and use of train horn technology, with
    an emphasis on reducing train horn noise and its effect on
    communities.

6.  **Flake (R-AZ):** Strikes section 104 from H.R. 6003. This section
    of the bill authorizes \$60 million (subject to appropriation) for
    the Federal Railroad Administration to be used for preliminary
    alignment selection and environmental review for a new tunnel for
    intercity passenger rail in Baltimore, MD.

7.  ***Murphy (D-CT)*:** The amendment would express the Sense of the
    Congress that "expanded commuter rail service on the rail line
    between New Haven, CT and Springfield, MA 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." The amendment requires Amtrak
    to submit a report to Congress and to the states of Connecticut and
    Massachusetts on the total cost of uncompleted infrastructure
    maintenance on the rail and line between New Haven, CT and
    Springfield, MA.

8.  ***Murphy (D-PA/Schwartz (D-PA)/Holt (D-NJ))*:** The amendment
    requires Amtrak to transmit to the U.S. Congress the results of
    evaluations 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.