[House Report 114-36]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-36
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 749) TO REAUTHORIZE
FEDERAL SUPPORT FOR PASSENGER RAIL PROGRAMS, AND FOR OTHER PURPOSES,
AND PROVIDING FOR PROCEEDINGS DURING THE PERIOD FROM MARCH 6, 2015,
THROUGH MARCH 13, 2015
_______
March 2, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 134]
The Committee on Rules, having had under consideration
House Resolution 134, by a nonrecord 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. 749, the
Passenger Rail Reform and Investment Act of 2015, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Transportation and
Infrastructure. The resolution waives all points of order
against consideration of the bill. The resolution makes in
order as original text for the purpose of amendment an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 114-9 and provides that it shall be
considered as read. The resolution waives all points of order
against that amendment in the nature of a substitute. The
resolution makes in order only those further amendments printed
in this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in this report. The
resolution provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides that on any
legislative day during the period from March 6, 2015, through
March 13, 2015: the Journal of the proceedings of the previous
day shall be considered as approved; and the Chair may at any
time declare the House adjourned to meet at a date and time to
be announced by the Chair in declaring the adjournment.
Section 3 of the resolution provides that the Speaker may
appoint Members to perform the duties of the Chair for the
duration of the period addressed by section 2.
Section 4 of the resolution provides that at any time
through the legislative day of March 13, 2015, the Chair may
postpone further consideration of a measure in the House to
such time as may be designated by the Speaker.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of clause 3(e)(1) of rule XIII
(Ramseyer), requiring a committee report accompanying a bill
amending or repealing statutes to show, by typographical
device, parts of statute affected.
This waiver is necessary because the submission provided by
the committees was insufficient to meet the standards
established by the rule in its current form. The Committee on
Rules continues to work with the House Office of Legislative
Counsel and committees to determine the steps necessary to
comply with the updated rule.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the committee is not aware of any points of
order. The waiver of all points of order is prophylactic in
nature.
Although the resolution waives all points of order against
the amendments printed in this report, the committee is not
aware of any points of order. The waiver of all points of order
is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 30
Motion by Mr. McGovern to report an open rule. Defeated: 2-
7.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... ............
Mr. Burgess..................................... Nay Mr. Polis......................... ............
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Sessions, Chairman.......................... Nay
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. McNerney (CA): Ensures that socially and economically
disadvantaged businesses request for proposals are considered
for station development opportunities under Section 208 of the
bill. (10 minutes)
2. Fitzpatrick (PA): Adds veteran-owned small businesses to
the participation study required under Section 305. (10
minutes)
3. Mica (FL): A proposal for Northeast Corridor Express
Service. (10 minutes)
4. Brownley (CA): Requires each state to develop a grade
crossing action plan, identifying specific solutions for
improving safety at crossings, including highway-rail grade
crossing closures or grade separations; and focuses on
crossings that have experienced recent grade crossing accidents
or multiple accidents, or are at high risk for accidents. (10
minutes)
5. Perlmutter (CO): Requires the Government Accountability
Office (GAO) to submit to Congress a report evaluating the
effectiveness of the Federal Railroad Administration's (FRA)
2005 rule on the use of locomotive horns at rail crossings. (10
minutes)
6. McClintock (CA): Restricts operating subsidies for
Amtrak. (10 minutes)
7. Lipinski (IL): Clarifies that passengers using or
transporting non-motorized transportation are to be considered
in the Amtrak Office of Inspector General's report on boarding
procedures in Section 211. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
Page 43, line 24, strike ``where appropriate'' and insert
``including small business concerns owned and controlled by
socially and economically disadvantaged individuals''.
Page 44, after line 16, insert the following:
(d) Definitions.--In this section, the terms ``small business
concern'' and ``socially and economically disadvantaged
individual'' have the meanings given such terms in section
305(c).
----------
2. An Amendment To Be Offered by Representative Fitzpatrick of
Pennsylvania or His Designee, Debatable for 10 Minutes
Page 63, line 6, insert after ``individuals'' the following:
``and veteran-owned small businesses''.
Page 64, after line 13, insert the following:
(3) Veteran-owned small business.--
(A) In general.--The term ``veteran-owned
small business'' has the meaning given the term
``small business concern owned and controlled
by veterans'' in section 3(q)(3) of the Small
Business Act (15 U.S.C. 632(q)(3)).
(B) Exclusions.--The term ``veteran-owned
small business'' does not include any concern
or group of concerns controlled by the same
veterans that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $22,410,000 as adjusted annually by
the Secretary for inflation.
----------
3. An Amendment To Be Offered by Representative Mica of Florida or His
Designee, Debatable for 10 Minutes
Page 68, after line 9, insert the following new section:
SEC. 308. NORTHEAST CORRIDOR EXPRESS SERVICE.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Northeast Corridor Infrastructure
and Operations Advisory Committee, in consultation with 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 that analyzes the implementation of non-stop,
high-speed express passenger rail service between Washington,
District of Columbia, and New York, New York, and between New
York, New York, and Boston, Massachusetts. The report shall
consider--
(1) estimated trip time, ridership, revenue, total
cost, capacity, and other metrics for each service;
(2) impacts on existing Amtrak and commuter rail
services; and
(3) impacts on Northeast Corridor infrastructure.
(b) Consideration.--Not later than 90 days after the
transmittal of the report required under subsection (a), the
Amtrak Board of Directors shall consider implementing such
services.
----------
4. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 503. STATE ACTION PLANS.
(a) In General.--The Secretary shall require--
(1) each State, other than those States identified
pursuant to section 202 of the Rail Safety Improvement
Act of 2008 (49 U.S.C. 22501 note), to develop and
implement, not later than 18 months after the date of
enactment of this Act, a State grade crossing action
plan; and
(2) each State that was identified pursuant to
section 202 of such Act to update its plan and submit
to the Secretary, not later than 1 year after the date
of enactment of this Act, a report describing what the
State did to implement the plan.
(b) Contents.--Each plan required under subsection (a)
shall--
(1) identify specific solutions for improving safety
at crossings, including highway-rail grade crossing
closures or grade separations; and
(2) focus on crossings that have experienced recent
grade crossing accidents or multiple accidents, or are
at high risk for accidents.
(c) Assistance.--The Secretary shall provide assistance to
the States in developing and carrying out, as appropriate, the
plan required under subsection (a).
(d) Conditions.--The Secretary may condition the awarding of
any grants under section 103 of this Act to a State on the
development of such State's grade crossing action plan.
(e) Public Availability.--The Secretary shall make each plan
and report publicly available on an official Internet Web site.
----------
5. An Amendment To Be Offered by Representative Perlmutter of Colorado
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 503. QUIET ZONE REPORT.
Not later than 120 days after the date of enactment of this
Act, the Comptroller General shall transmit to Congress a
report evaluating the rule issued by the Federal Railroad
Administration on the use of locomotive horn at rail crossings.
Such report shall--
(1) evaluate the effectiveness of the rule in
reducing accidents and fatalities at rail crossings;
(2) evaluate the effectiveness of the rule in
establishing quiet zones;
(3) identify any barriers to the establishment of
quiet zones; and
(4) estimate the costs associated with their
establishment.
----------
6. An Amendment To Be Offered by Representative McClintock of
California or His Designee, Debatable for 10 Minutes
Page 2, line 3, through page 3, line 10, strike section 101.
----------
7. An Amendment To Be Offered by Representative Lipinski of Illinois or
His Designee, Debatable for 10 Minutes
Page 48, line 14, after ``procedures'' insert ``for
passengers, including passengers using or transporting
nonmotorized transportation such as wheelchairs and bicycles''.
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