Mr. Chairman, I make a point of order against section 143, on page 27, lines 10 through 17. Mr. Chairman, the second sentence of section 143 would prevent any State or agency from enforcing the U.S. Department of Transportation…
Mr. Chairman, I make a point of order against section 143, on page 27, lines 10 through 17.
Mr. Chairman, the second sentence of section 143 would prevent any State or agency from enforcing the U.S. Department of Transportation hours-of-service regulations for operators of utility service vehicles. This provision imposes a new duty on the Department and the States and agencies. This section is legislative in nature and is in violation of clause 2 of rule XXI.
Mr. Chairman, I raise a point of order.
Mr. Chairman, page 32, line 26, through page 33, line 5, I would make a point of order against the last proviso of the Railroad Rehabilitation and Improvement Program paragraph. The proviso begins on page 32, line 26, and ends on page 33, line 5. This proviso would require Amtrak to repay its loan and interest in full to the Federal Railroad Administration within 30 days; it is legislative in nature and in violation of clause 2 of rule XXI.
Mr. Chairman, I must confess I share the frustration of the gentleman from Massachusetts. We produced out of the Committee on Transportation and Infrastructure a bipartisan bill a year ago that has never been brought to floor action.
Mr. Chairman, I move to strike the last word.
Mr. Chairman, there is an ongoing debate that I find somewhat ironic. There is, on behalf of some of my colleagues, an almost theological belief that the United States should be the only industrialized country in the world that does not have subsidized passenger rail service, that it is not an integral part of our transportation system. We have Amtrak today because the private sector that had rail passenger service from the 1830s until 1970 and was mammothly subsidized by the Federal Government to do so, reached the point where it was not particularly profitable for them to do it. Then the private rail roads with Congress and the Nixon administration, created Amtrak so that there would be a rail passenger alternative.
Some people now think that somehow the private sector is going to step in and run a national system so that we would not be actually the only country without passenger rail. Even most Third World countries have rail passenger service as well as all the developed countries that surpasses the United States. I find that somewhat ironic because this Congress year after year after year puts billions of dollars into the air passenger service which in its long illustrious history of being force fed by Federal subsidies, starting with airmail, dealing with air traffic control and the construction of airports, in its entire history has a net profit of zero. And we continue, appropriately, to put billions of dollars into it because it is an important part of the Federal transportation infrastructure.
Now there are those that want to pull the plug on Amtrak. We passed out of our Rail Subcommittee and then our Transportation and Infrastructure Committee a year ago with broad bipartisan support, there may have been one or two people who voted against it, in the largest committee in Congress, maybe one or two, but I cannot remember them, that bill has been languishing for 1 year because the Republican leadership cannot somehow bring it to the floor and allow the will of Congress to be worked.
So we have this travesty today where we have a program that is not authorized despite the fact that the authorizing committee did its work a year ago.
This embarrassing charade, and I am embarrassed for the majority party that we are going through this, is not going to be sustained. As George Will pointed out in his column of June 2003 when we were going through the last shutdown charade, that support for Amtrak is strong enough among all regions, ages, education levels, and income groups. A CNN/Gallup/USA Today poll put it, at the height of last year's funding crisis, at 70 percent American public support. No indication of anything that that is not even stronger today.
So ultimately we will bump along, we will go through this, we will fund Amtrak. Unfortunately, the inability of this Congress to move forward to meet the other body in a responsible fashion and put a reasonable authorizing bill on the floor means Amtrak is going to continue to be hamstrung. You will not kill it because the public will not let you. When we will have a crisis like 9/11 where if we did not have our rail transportation system, the east coast would have been shut down in gridlock from Alexandria to New Haven. Ultimately, this bill will fail, but it continues to cut away at the ability of the new administration in Amtrak to move forward, to build on the strong ridership increase and to build the private and public partnerships with State and local government that will be necessary, ultimately, to have a successful program.
I as a Member of Congress am embarrassed that we are going through this again. As somebody who cares about a balanced transportation system, transit, air, road and rail, I am embarrassed because we need this as a critical component. We will get there, but today's failure makes it harder, more expensive, as Congress is increasingly marginalized.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I had hoped to deal with just the notion that somehow Amtrak had promised that it was going to turn a profit. I sat in committees and watched people browbeat the previous administration; but what people made clear is that it was going to be necessary to fund the capital requirements of Amtrak.
There is a planned infrastructure improvement over 5 years, reconstructing interlockings; installation of almost a million concrete ties to improve efficiency; 423 miles of track undercutting; new rail, 352 miles; rebuilding of major bridges; cable signal replacement. These are things that will improve the efficiency of the operation.
Congress has never fully funded the capital requirements, making it inherently inefficient and chipping away at it. The Amtrak administration has requested a reasonable capital budget to be able to move it forward to meet the mandate that Members of Congress had for more efficiency.
I would respectfully suggest when we look at the funding that we lavish on the capital for airlines, what we do for highways, only a portion of which comes from the user fee, only a portion of which comes from the user fee, that we are selling this important element short at a time when, if we would enhance it, it would actually reduce demand on the roads. We would also reduce demand in congested airports when now a third of our flights are 350 miles or less. We are not thinking this through in a proper fashion.
I appreciate the gentleman's yielding to me because I wanted to make that point about its capital investment, which is critical if it is ever going to operate the way my friend on the other side of the aisle knows I would like to see, but we cannot starve Amtrak first.
Mr. Chairman, I make a point of order against section 161, which begins on page 37, line 23, and ends on page 38, line 25. Section 161 would require the Department of Transportation to develop and implement a procedure of competitive bidding for State-supported passenger rail routes, to require Amtrak to provide service in some routes and a compensation determined by the Secretary and to allow the Secretary to reprogram up
to $2.5 million from Amtrak operating funds to support this effort. This is clearly legislative in nature and is in violation of clause 2 of rule XXI.