[Congressional Record Volume 143, Number 145 (Friday, October 24, 1997)]
[House]
[Pages H9515-H9528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AMTRAK REFORM AND PRIVATIZATION ACT OF 1997

  The SPEAKER pro tempore (Mr. Miller of Florida). Pursuant to House 
Resolution 270 and rule XXIII, the Chair declares the House in the 
Committee of the Whole House on the State of the Union for the further 
consideration of the bill, H.R. 2247.

                              {time}  1108


                     In the Committee of the Whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the further consideration of the 
bill (H.R. 2247) to reform the statutes relating to Amtrak, to 
authorize appropriations for Amtrak, and for other purposes, with Mr. 
Thornberry, Chairman pro tempore, in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. When the Committee of the Whole rose on 
Wednesday, October 22, 1997, all time for general debate had expired.
  Pursuant to the rule, the Committee amendment in the nature of a 
substitute printed in the bill shall be considered as an original bill 
for the purpose of amendment under the 5-minute rule and shall be 
considered as read.
  The text of the Committee amendment in the nature of a substitute is 
as follows:

                               H.R. 2247

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Amtrak Reform and 
     Privatization Act of 1997''.
                      TITLE I--PROCUREMENT REFORMS

     SEC. 101. CONTRACTING OUT.

       (a) Amendment.--Section 24312(b) of title 49, United States 
     Code, is amended to read as follows:
       ``(b) Contracting Out.--(1) When Amtrak contracts out work 
     normally performed by an employee in a bargaining unit 
     covered by a contract between a labor organization and 
     Amtrak, Amtrak is encouraged to use other rail carriers for 
     performing such work.
       ``(2)(A) Amtrak may not enter into a contract for the 
     operation of trains with any entity other than a State or 
     State authority.
       ``(B) If Amtrak enters into a contract as described in 
     subparagraph (A)--
       ``(i) such contract shall not relieve Amtrak of any 
     obligation in connection with the use of facilities of 
     another entity for the operation covered by such contract; 
     and
       ``(ii) such operation shall be subject to any operating or 
     safety restrictions and conditions required by the agreement 
     providing for the use of such facilities.
       ``(C) This paragraph shall not restrict Amtrak's authority 
     to enter into contracts for access to or use of tracks or 
     facilities for the operation of trains.''.
       (b) Effective Date.--Subsection (a) shall take effect 254 
     days after the date of the enactment of this Act.

     SEC. 102. CONTRACTING PRACTICES.

       (a) Below-Cost Competition.--Section 24305(b) of title 49, 
     United States Code, is amended to read as follows:
       ``(b) Below-Cost Competition.--(1) Amtrak shall not submit 
     any bid for the performance of services under a contract for 
     an amount less than the cost to Amtrak of performing such 
     services, with respect to any activity other than the 
     provision of intercity rail passenger transportation, 
     commuter rail passenger transportation, or mail or express 
     transportation. For purposes of this subsection, the cost to 
     Amtrak of performing services shall be determined using 
     generally accepted accounting principles for contracting.
       ``(2) Any aggrieved individual may commence a civil action 
     for violation of paragraph (1). The United States district 
     courts shall have jurisdiction, without regard to the amount 
     in controversy or the citizenship of the parties, to enforce 
     paragraph (1). The court, in issuing any final order in any 
     action brought pursuant to this paragraph, may award bid 
     preparation costs, anticipated profits, and litigation costs, 
     including reasonable attorney and expert witness fees, to any 
     prevailing or substantially prevailing party. The court may, 
     if a temporary restraining order or preliminary injunction is 
     sought, require the filing of a bond or equivalent security 
     in accordance with the Federal Rules of Civil Procedure.
       ``(3) This subsection shall cease to be effective on the 
     expiration of a fiscal year during which no Federal operating 
     assistance is provided to Amtrak.''.
       (b) Through Service in Conjunction With Intercity Bus 
     Operations.--(1) Section 24305(a) of title 49, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3)(A) Except as provided in subsection (d)(2), Amtrak 
     may enter into a contract with a motor carrier of passengers 
     for the intercity transportation of passengers by motor 
     carrier over regular routes only--
       ``(i) if the motor carrier is not a public recipient of 
     governmental assistance, as such term is defined in section 
     13902(b)(8)(A) of this title, other than a recipient of funds 
     under section 5311 of this title;
       ``(ii) for passengers who have had prior movement by rail 
     or will have subsequent movement by rail; and
       ``(iii) if the buses, when used in the provision of such 
     transportation, are used exclusively for the transportation 
     of passengers described in clause (ii).
       ``(B) Subparagraph (A) shall not apply to transportation 
     funded predominantly by a State or local government, or to 
     ticket selling agreements.''.
       (2) Section 24305(d) of title 49, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) Congress encourages Amtrak and motor common carriers 
     of passengers to use the authority conferred in sections 
     11322 and 14302 of this title for the purpose of providing 
     improved service to the public and economy of operation.''.

     SEC. 103. FREEDOM OF INFORMATION ACT.

       Section 24301(e) of title 49, United States Code, is 
     amended by striking ``Section 552 of title 5, this part,'' 
     and inserting in lieu thereof ``This part''.

     SEC. 104. TRACK WORK.

       (a) Outreach Program.--Amtrak shall, within one year after 
     the date of the enactment of this Act, establish an outreach 
     program through which it will work with track work 
     manufacturers in the United States to increase the likelihood 
     that such manufacturers will be able to meet Amtrak's 
     specifications for track work. The program shall include 
     engineering assistance for the manufacturers and dialogue 
     between Amtrak and the manufacturers to identify how Amtrak's 
     specifications can be met by the capabilities of the 
     manufacturers.
       (b) Annual Report.--Amtrak shall report to the Congress 
     within 2 years after the date of the enactment of this Act on 
     progress made under subsection (a), including a statement of 
     the percentage of Amtrak's track work contracts that are 
     awarded to manufacturers in the United States.
                     TITLE II--OPERATIONAL REFORMS

     SEC. 201. BASIC SYSTEM.

       (a) Operation of Basic System.--Section 24701 of title 49, 
     United States Code, and the item relating thereto in the 
     table of sections of chapter 247 of such title, are repealed.
       (b) Improving Rail Passenger Transportation.--Section 24702 
     of title 49, United States Code, and the item relating 
     thereto in the table of sections of chapter 247 of such 
     title, are repealed.
       (c) Discontinuance.--Section 24706 of title 49, United 
     States Code, is amended--
       (1) by striking subsection (b);
       (2) by striking ``Notice of Discontinuance.--(1) Except as 
     provided in subsection (b) of this section, at'' and 
     inserting in lieu thereof ``Time of Notice.--At'';
       (3) by striking ``90 days'' and inserting in lieu thereof 
     ``180 days'';
       (4) by striking ``a discontinuance under section 24704 or 
     24707(a) or (b) of this title'' and inserting in lieu thereof 
     ``discontinuing service over a route'';
       (5) by inserting ``or assume'' after ``agree to share'';
       (6) by striking ``(2) Notice'' and inserting in lieu 
     thereof ``(b) Place of Notice.--Notice''; and
       (7) by striking ``section 24704 or 24707(a) or (b) of this 
     title'' and inserting in lieu thereof ``subsection (a)''.
       (d) Cost and Performance Review.--Section 24707 of title 
     49, United States Code, and the item relating thereto in the 
     table of sections of chapter 247 of such title, are repealed.
       (e) Special Commuter Transportation.--Section 24708 of 
     title 49, United States Code, and the item relating thereto 
     in the table of sections of chapter 247 of such title, are 
     repealed.
       (f) Conforming Amendment.--Section 24312(a)(1) of title 49, 
     United States Code, is amended by striking ``, 24701(a),''.

     SEC. 202. MAIL, EXPRESS, AND AUTO-FERRY TRANSPORTATION.

       (a) Repeal.--Section 24306 of title 49, United States Code, 
     and the item relating thereto in the table of sections of 
     chapter 243 of such title, are repealed.
       (b) Conforming Amendment.--Section 24301 of title 49, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(o) Nonapplication of Certain Other Laws.--State and 
     local laws and regulations that impair the provision of mail, 
     express, and auto-ferry transportation do not apply to Amtrak 
     or a rail carrier providing mail, express, or auto-ferry 
     transportation.''.

     SEC. 203. ROUTE AND SERVICE CRITERIA.

       Section 24703 of title 49, United States Code, and the item 
     relating thereto in the table of sections of chapter 247 of 
     such title, are repealed.

[[Page H9516]]

     SEC. 204. ADDITIONAL QUALIFYING ROUTES.

       Section 24705 of title 49, United States Code, and the item 
     relating thereto in the table of sections of chapter 247 of 
     such title, are repealed.

     SEC. 205. TRANSPORTATION REQUESTED BY STATES, AUTHORITIES, 
                   AND OTHER PERSONS.

       (a) Repeal.--Section 24704 of title 49, United States Code, 
     and the item relating thereto in the table of sections of 
     chapter 247 of such title, are repealed.
       (b) Existing Agreements.--Amtrak shall not, after the date 
     of the enactment of this Act, be required to provide 
     transportation services pursuant to an agreement entered into 
     before such date of enactment under the section repealed by 
     subsection (a) of this section.
       (c) State, Regional, and Local Cooperation.--Section 
     24101(c)(2) of title 49, United States Code, is amended by 
     inserting ``, separately or in combination,'' after ``and the 
     private sector''.
       (d) Conforming Amendment.--Section 24312(a)(1) of title 49, 
     United States Code, is amended by striking ``or 
     24704(b)(2)''.

     SEC. 206. AMTRAK COMMUTER.

       (a) Repeal of Chapter 245.--Chapter 245 of title 49, United 
     States Code, and the item relating thereto in the table of 
     chapters of subtitle V of such title, are repealed.
       (b) Conforming Amendments.--(1) Section 24301(f) of title 
     49, United States Code, is amended to read as follows:
       ``(f) Tax Exemption for Certain Commuter Authorities.--A 
     commuter authority that was eligible to make a contract with 
     Amtrak Commuter to provide commuter rail passenger 
     transportation but which decided to provide its own rail 
     passenger transportation beginning January 1, 1983, is 
     exempt, effective October 1, 1981, from paying a tax or fee 
     to the same extent Amtrak is exempt.''.
       (2) Subsection (a) of this section shall not affect any 
     trackage rights held by Amtrak or the Consolidated Rail 
     Corporation.

     SEC. 207. COMMUTER COST SHARING ON THE NORTHEAST CORRIDOR.

       (a) Determination of Compensation.--Section 24904 of title 
     49, United States Code, is amended--
       (1) by striking subsection (b);
       (2) by redesignating subsection (c) as subsection (b);
       (3) in subsection (b), as so redesignated by paragraph (2) 
     of this subsection--
       (A) by striking ``Transportation Over Certain Rights of Way 
     and Facilities'' in the subsection head and inserting in lieu 
     thereof ``Freight Transportation'';
       (B) by inserting ``relating to rail freight 
     transportation'' after ``subsection (a)(6) of this section'' 
     in paragraph (1); and
       (C) by inserting ``to an agreement described in paragraph 
     (1)'' after ``If the parties'' in paragraph (2); and
       (4) by inserting after subsection (b), as so redesignated 
     by paragraph (2) of this subsection, the following new 
     subsection:
       ``(c) Binding Arbitration for Commuter Disputes.--(1) If 
     the parties to an agreement described in subsection (a)(6) 
     relating to commuter rail passenger transportation cannot 
     agree to the terms of such agreement, such parties shall 
     submit the issues in dispute to binding arbitration.
       ``(2) The parties to a dispute described in paragraph (1) 
     may agree to use the Surface Transportation Board to 
     arbitrate such dispute, and if requested the Surface 
     Transportation Board shall perform such function.''.
       (b) Privatization.--Section 24101(d) of title 49, United 
     States Code, is amended to read as follows:
       ``(d) Minimizing Government Subsidies.--To carry out this 
     part, Amtrak is encouraged to make agreements with the 
     private sector and undertake initiatives that are consistent 
     with good business judgment, that produce income to minimize 
     Government subsidies, and that promote the potential 
     privatization of Amtrak's operations.''.

     SEC. 208. ACCESS TO RECORDS AND ACCOUNTS.

       Section 24315 of title 49, United States Code, is amended--
       (1) in subsection (e), by inserting ``financial or'' after 
     ``Comptroller General may conduct''; and
       (2) by adding at the end the following new subsection:
       ``(h) Access to Records and Accounts.--A State shall have 
     access to Amtrak's records, accounts, and other necessary 
     documents used to determine the amount of any payment to 
     Amtrak required of the State.''.
                TITLE III--COLLECTIVE BARGAINING REFORMS

     SEC. 301. RAILWAY LABOR ACT PROCEDURES.

       (a) Notices.--(1) Notwithstanding any arrangement in effect 
     before the date of the enactment of this Act, notices under 
     section 6 of the Railway Labor Act (45 U.S.C. 156) with 
     respect to all issues relating to--
       (A) employee protective arrangements and severance 
     benefits, including all provisions of Appendix C-2 to the 
     National Railroad Passenger Corporation Agreement, signed 
     July 5, 1973; and
       (B) contracting out by Amtrak of work normally performed by 
     an employee in a bargaining unit covered by a contract 
     between Amtrak and a labor organization representing Amtrak 
     employees,

     applicable to employees of Amtrak shall be deemed served and 
     effective on the date which is 90 days after the date of the 
     enactment of this Act. Amtrak, and each affected labor 
     organization representing Amtrak employees, shall promptly 
     supply specific information and proposals with respect to 
     each such notice. This subsection shall not apply to 
     issues relating to provisions defining the scope or 
     classification of work performed by an Amtrak employee.
       (2) In the case of provisions of a collective bargaining 
     agreement with respect to which a moratorium is in effect 90 
     days after the date of the enactment of this Act, paragraph 
     (1) shall take effect on the expiration of such moratorium. 
     For purposes of the application of paragraph (1) to such 
     provisions, notices shall be deemed served and effective on 
     the date of such expiration.
       (b) National Mediation Board Efforts.--Except as provided 
     in subsection (c), the National Mediation Board shall 
     complete all efforts, with respect to each dispute described 
     in subsection (a), under section 5 of the Railway Labor Act 
     (45 U.S.C. 155) not later than 180 days after the date of the 
     enactment of this Act.
       (c) Railway Labor Act Arbitration.--The parties to any 
     dispute described in subsection (a) may agree to submit the 
     dispute to arbitration under section 7 of the Railway Labor 
     Act (45 U.S.C. 157), and any award resulting therefrom shall 
     be retroactive to the date which is 180 days after the date 
     of the enactment of this Act.
       (d) Dispute Resolution.--(1) With respect to any dispute 
     described in subsection (a) which--
       (A) is unresolved as of the date which is 180 days after 
     the date of the enactment of this Act; and
       (B) is not submitted to arbitration as described in 
     subsection (c),

     Amtrak and the labor organization parties to such dispute 
     shall, within 187 days after the date of the enactment of 
     this Act, each select an individual from the entire roster of 
     arbitrators maintained by the National Mediation Board. 
     Within 194 days after the date of the enactment of this Act, 
     the individuals selected under the preceding sentence shall 
     jointly select an individual from such roster to make 
     recommendations with respect to such dispute under this 
     subsection.
       (2) No individual shall be selected under paragraph (1) who 
     is pecuniarily or otherwise interested in any organization of 
     employees or any railroad. Nothing in this subsection shall 
     preclude an individual from being selected for more than 1 
     dispute described in subsection (a).
       (3) The compensation of individuals selected under 
     paragraph (1) shall be fixed by the National Mediation Board. 
     The second paragraph of section 10 of the Railway Labor Act 
     shall apply to the expenses of such individuals as if such 
     individuals were members of a board created under such 
     section 10.
       (4) If the parties to a dispute described in subsection (a) 
     fail to reach agreement within 224 days after the date of the 
     enactment of this Act, the individual selected under 
     paragraph (1) with respect to such dispute shall make 
     recommendations to the parties proposing contract terms to 
     resolve the dispute.
       (5) If the parties to a dispute described in subsection (a) 
     fail to reach agreement, no change shall be made by either of 
     the parties in the conditions out of which the dispute arose 
     for 30 days after recommendations are made under paragraph 
     (4).
       (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) 
     shall not apply to a dispute described in subsection (a).

     SEC. 302. SERVICE DISCONTINUANCE.

       (a) Repeal.--(1) Section 24706(c) of title 49, United 
     States Code, is repealed.
       (2) Any provision of a contract, entered into before the 
     date of the enactment of this Act between Amtrak and a labor 
     organization representing Amtrak employees, relating to--
       (A) employee protective arrangements and severance 
     benefits, including all provisions of Appendix C-2 to the 
     National Railroad Passenger Corporation Agreement, signed 
     July 5, 1973; or
       (B) contracting out by Amtrak of work normally performed by 
     an employee in a bargaining unit covered by a contract 
     between Amtrak and a labor organization representing Amtrak 
     employees,

     applicable to employees of Amtrak is extinguished. This 
     paragraph shall not apply to provisions defining the scope or 
     classification of work performed by an Amtrak employee.
       (3) Section 1172(c) of title 11, United States Code, shall 
     not apply to Amtrak and its employees.
       (4) Paragraphs (1) and (2) of this subsection shall take 
     effect 254 days after the date of the enactment of this Act.
       (b) Intercity Passenger Service Employees.--Section 1165(a) 
     of the Northeast Rail Service Act of 1981 (45 U.S.C. 1113(a)) 
     is amended--
       (1) by inserting ``(1)'' before ``After January 1, 1983'';
       (2) by striking ``Amtrak, Amtrak Commuter, and Conrail'' 
     and inserting in lieu thereof ``Amtrak and Conrail'';
       (3) by striking ``Such agreement shall ensure'' and all 
     that follows through ``submitted to binding arbitration.''; 
     and
       (4) by adding at the end the following new paragraph:
       ``(2) Notwithstanding any other provision of law, 
     agreement, or arrangement, with respect to employees in any 
     class or craft in train or engine service, Conrail shall have 
     the right to furlough one such employee for each employee in 
     train or engine service who moves from Amtrak to Conrail in 
     excess of the cumulative number of such employees who move 
     from Conrail to Amtrak. Conrail shall not be obligated to 
     fill any position governed by an agreement concerning crew 
     consist, attrition arrangements, reserve boards, or reserve 
     engine service positions, where an increase in positions is 
     the result of the return of an Amtrak employee pursuant to an 
     agreement entered into under paragraph (1). Conrail's 
     collective bargaining agreements with organizations 
     representing its train and engine service employees shall be 
     deemed to have been amended to conform to this paragraph. Any 
     dispute or controversy with respect to the interpretation, 
     application, or enforcement of this paragraph which has not 
     been resolved within 90

[[Page H9517]]

     days after the date of the enactment of this paragraph may be 
     submitted by either party to an adjustment board for a final 
     and binding decision under section 3 of the Railway Labor 
     Act.''.
                  TITLE IV--USE OF RAILROAD FACILITIES

     SEC. 401. LIABILITY LIMITATION.

       (a) Amendment.--Chapter 281 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 28103. Limitations on rail passenger transportation 
       liability

       ``(a) Limitations.--(1) Notwithstanding any other statutory 
     or common law or public policy, or the nature of the conduct 
     giving rise to damages or liability, in a claim for personal 
     injury, death, or damage to property arising from or in 
     connection with the provision of rail passenger 
     transportation, or from or in connection with any rail 
     passenger transportation operations over or rail passenger 
     transportation use of right-of-way or facilities owned, 
     leased, or maintained by any high-speed railroad authority or 
     operator, any commuter authority or operator, any rail 
     carrier, or any State--
       ``(A) punitive damages shall not exceed the greater of--
       ``(i) $250,000; or
       ``(ii) three times the amount of economic loss; and
       ``(B) noneconomic damages awarded to any claimant for each 
     accident or incident shall not exceed the claimant's economic 
     loss, if any, by more than $250,000.
       ``(2) If, in any case wherein death was caused, the law of 
     the place where the act or omission complained of occurred 
     provides, or has been construed to provide, for damages only 
     punitive in nature, the claimant may recover in a claim 
     limited by this subsection for economic and noneconomic 
     damages and punitive damages, subject to paragraph (1)(A) and 
     (B).
       ``(3) For purposes of this subsection--
       ``(A) the term `actual damages' means damages awarded to 
     pay for economic loss;
       ``(B) the term `claim' means a claim made, directly or 
     indirectly--
       ``(i) against Amtrak, any high-speed railroad authority or 
     operator, any commuter authority or operator, any rail 
     carrier, or any State; or
       ``(ii) against an officer, employee, affiliate engaged in 
     railroad operations, or agent, of Amtrak, any high-speed 
     railroad authority or operator, any commuter authority or 
     operator, any rail carrier, or any State;
       ``(C) the term `economic loss' means any pecuniary loss 
     resulting from harm, including the loss of earnings, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, loss of business or employment opportunities, 
     and any other form of pecuniary loss allowed under applicable 
     State law or under paragraph (2) of this subsection;
       ``(D) the term `noneconomic damages' means damages other 
     than punitive damages or actual damages; and
       ``(E) the term `punitive damages' means damages awarded 
     against any person or entity to punish or deter such person 
     or entity, or others, from engaging in similar behavior in 
     the future.
       ``(b) Indemnification Obligations.--Obligations of any 
     party, however arising, including obligations arising under 
     leases or contracts or pursuant to orders of an 
     administrative agency, to indemnify against damages or 
     liability for personal injury, death, or damage to property 
     described in subsection (a), incurred after the date of the 
     enactment of the Amtrak Reform and Privatization Act of 1997, 
     shall be enforceable, notwithstanding any other statutory or 
     common law or public policy, or the nature of the conduct 
     giving rise to the damages or liability.
       ``(c) Effect on Other Laws.--This section shall not affect 
     the damages that may be recovered under the Act of April 27, 
     1908 (45 U.S.C. 51 et seq.; popularly known as the `Federal 
     Employers' Liability Act') or under any workers compensation 
     Act.
       ``(d) Definition.--For purposes of this section, the term 
     `rail carrier' includes a person providing excursion, scenic, 
     or museum train service, and an owner or operator of a 
     privately owned rail passenger car.''.
       (b) Conforming Amendment.--The table of sections of chapter 
     281 of title 49, United States Code, is amended by adding at 
     the end the following new item:

``28103. Limitations on rail passenger transportation liability.''.
                       TITLE V--FINANCIAL REFORMS

     SEC. 501. FINANCIAL POWERS.

       (a) Capitalization.--(1) Section 24304 of title 49, United 
     States Code, is amended to read as follows:

     ``Sec. 24304. Employee stock ownership plans

       ``In issuing stock pursuant to applicable corporate law, 
     Amtrak is encouraged to include employee stock ownership 
     plans.''.
       (2) The item relating to section 24304 of title 49, United 
     States Code, in the table of sections of chapter 243 of such 
     title is amended to read as follows:

``24304. Employee stock ownership plans.''.

       (b) Redemption of Common Stock.--(1) Amtrak shall, within 2 
     months after the date of the enactment of this Act, redeem 
     all common stock previously issued, for the fair market value 
     of such stock.
       (2) Section 28103 of title 49, United States Code, shall 
     not apply to any rail carrier holding common stock of Amtrak 
     after the expiration of 2 months after the date of the 
     enactment of this Act.
       (3) Amtrak shall redeem any such common stock held after 
     the expiration of the 2-month period described in paragraph 
     (1), using procedures set forth in section 24311(a) and (b).
       (c) Elimination of Liquidation Preference and Voting Rights 
     of Preferred Stock.--(1)(A) Preferred stock of Amtrak held by 
     the Secretary of Transportation shall confer no liquidation 
     preference.
       (B) Subparagraph (A) shall take effect 90 days after the 
     date of the enactment of this Act.
       (2)(A) Preferred stock of Amtrak held by the Secretary of 
     Transportation shall confer no voting rights.
       (B) Subparagraph (A) shall take effect 60 days after the 
     date of the enactment of this Act.
       (d) Note and Mortgage.--(1) Section 24907 of title 49, 
     United States Code, and the item relating thereto in the 
     table of sections of chapter 249 of such title, are repealed.
       (2) The United States hereby relinquishes all rights held 
     in connection with any note obtained or mortgage made under 
     such section 24907, or in connection with the note, security 
     agreement, and terms and conditions related thereto entered 
     into with Amtrak dated October 5, 1983.
       (e) Status and Applicable Laws.--(1) Section 24301(a)(3) of 
     title 49, United States Code, is amended by inserting ``, and 
     shall not be subject to title 31'' after ``United States 
     Government''.
       (2) Section 9101(2) of title 31, United States Code, 
     relating to Government corporations, is amended by striking 
     subparagraph (A) and redesignating subparagraphs (B) through 
     (L) as subparagraphs (A) through (K), respectively.

     SEC. 502. DISBURSEMENT OF FEDERAL FUNDS.

       Section 24104(d) of title 49, United States Code, is 
     amended to read as follows:
       ``(d) Administration of Appropriations.--Federal operating 
     assistance funds appropriated to Amtrak shall be provided to 
     Amtrak upon appropriation when requested by Amtrak.''.

     SEC. 503. BOARD OF DIRECTORS.

       (a) Amendment.--Section 24302 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 24302. Board of Directors

       ``(a) Emergency Reform Board.--
       ``(1) Establishment and duties.--The Emergency Reform Board 
     described in paragraph (2) shall assume the responsibilities 
     of the Board of Directors of Amtrak 60 days after the date of 
     the enactment of the Amtrak Reform and Privatization Act of 
     1997, or as soon thereafter as such Board is sufficiently 
     constituted to function as a board of directors under 
     applicable corporate law. Such Board shall adopt new bylaws, 
     including procedures for the selection of members of the 
     Board of Directors under subsection (c) which provide for 
     employee representation.
       ``(2) Membership.--(A) The Emergency Reform Board shall 
     consist of 7 members appointed by the President, by and with 
     the advice and consent of the Senate.
       ``(B) In selecting individuals for nominations for 
     appointments to the Emergency Reform Board, the President 
     should consult with--
       ``(i) the Speaker of the House of Representatives 
     concerning the appointment of two members;
       ``(ii) the minority leader of the House of Representatives 
     concerning the appointment of one member;
       ``(iii) the majority leader of the Senate concerning the 
     appointment of two members; and
       ``(iv) the minority leader of the Senate concerning the 
     appointment of one member.
       ``(C) Appointments under subparagraph (A) shall be made 
     from among individuals who--
       ``(i) have technical qualification, professional standing, 
     and demonstrated expertise in the fields of intercity common 
     carrier transportation and corporate management; and
       ``(ii) are not employees of Amtrak, employees of the United 
     States, or representatives of rail labor or rail management.
       ``(b) Director General.--If the Emergency Reform Board 
     described in subsection (a)(2) is not sufficiently 
     constituted to function as a board of directors under 
     applicable corporate law before the expiration of 60 days 
     after the date of the enactment of the Amtrak Reform and 
     Privatization Act of 1997, the Chief Justice of the United 
     States shall appoint a Director General, who shall exercise 
     all powers of the Board of Directors of Amtrak until the 
     Emergency Reform Board assumes such powers.
       ``(c) Board of Directors.--Four years after the 
     establishment of the Emergency Reform Board under subsection 
     (a), a Board of Directors shall be selected pursuant to 
     bylaws adopted by the Emergency Reform Board, and the 
     Emergency Reform Board shall be dissolved.
       ``(d) Authority to Recommend Plan.--The Emergency Reform 
     Board shall have the authority to recommend to the Congress a 
     plan to implement the recommendations of the 1997 Working 
     Group on Inter-City Rail regarding the transfer of Amtrak's 
     infrastructure assets and responsibilities to a new 
     separately governed corporation.''.
       (b) Effect on Authorizations.--If the Emergency Reform 
     Board has not assumed the responsibilities of the Board of 
     Directors of Amtrak before March 15, 1998, all provisions 
     authorizing appropriations under the amendments made by 
     section 701 of this Act for a fiscal year after fiscal year 
     1998 shall cease to be effective.

     SEC. 504. REPORTS AND AUDITS.

       Section 24315 of title 49, United States Code, as amended 
     by section 208 of this Act, is further amended--
       (1) by striking subsections (a) and (c);
       (2) by redesignating subsections (b), (d), (e), (f), (g), 
     and (h) as subsections (a), (b), (c), (d), (e), and (f), 
     respectively; and
       (3) in subsection (d), as so redesignated by paragraph (2) 
     of this section, by striking ``(d) or (e)'' and inserting in 
     lieu thereof ``(b) or (c)''.

     SEC. 505. OFFICERS' PAY.

       Section 24303(b) of title 49, United States Code, is 
     amended by inserting ``The preceding sentence shall cease to 
     be effective on the expiration of a fiscal year during which 
     no Federal operating assistance is provided to Amtrak.'' 
     after ``with comparable responsibility.''.

     SEC. 506. EXEMPTION FROM TAXES.

       Section 24301(l)(1) of title 49, United States Code, is 
     amended--

[[Page H9518]]

       (1) by inserting ``, and any passenger or other customer of 
     Amtrak or such subsidiary,'' after ``subsidiary of Amtrak'';
       (2) by striking ``or fee imposed'' and all that follows 
     through ``levied on it'' and inserting in lieu thereof ``, 
     fee, head charge, or other charge, imposed or levied by a 
     State, political subdivision, or local taxing authority, 
     directly or indirectly on Amtrak or on persons traveling in 
     intercity rail passenger transportation or on mail or express 
     transportation provided by Amtrak or a rail carrier 
     subsidiary of Amtrak, or on the carriage of such persons, 
     mail, or express, or on the sale of any such transportation, 
     or on the gross receipts derived therefrom''; and
       (3) by amending the last sentence thereof to read as 
     follows: ``In the case of a tax or fee that Amtrak was 
     required to pay as of September 10, 1982, Amtrak is not 
     exempt from such tax or fee if it was assessed before April 
     1, 1997.''.
                        TITLE VI--MISCELLANEOUS

     SEC. 601. TEMPORARY RAIL ADVISORY COUNCIL.

       (a) Appointment.--Within 30 days after the date of the 
     enactment of this Act, a Temporary Rail Advisory Council (in 
     this section referred to as the ``Council'') shall be 
     appointed under this section.
       (b) Duties.--The Council shall--
       (1) evaluate Amtrak's performance;
       (2) prepare an analysis and critique of Amtrak's business 
     plan;
       (3) suggest strategies for further cost containment and 
     productivity improvements, including strategies with the 
     potential for further reduction in Federal operating 
     subsidies and the eventual partial or complete privatization 
     of Amtrak's operations; and
       (4) recommend appropriate methods for adoption of uniform 
     cost and accounting procedures throughout the Amtrak system, 
     based on generally accepted accounting principles.
       (c) Membership.--(1) The Council shall consist of 7 members 
     appointed as follows:
       (A) Two individuals to be appointed by the Speaker of the 
     House of Representatives.
       (B) One individual to be appointed by the minority leader 
     of the House of Representatives.
       (C) Two individuals to be appointed by the majority leader 
     of the Senate.
       (D) One individual to be appointed by the minority leader 
     of the Senate.
       (E) One individual to be appointed by the President.
       (2) Appointments under paragraph (1) shall be made from 
     among individuals who--
       (A) have technical qualification, professional standing, 
     and demonstrated expertise in the fields of transportation 
     and corporate management; and
       (B) are not employees of Amtrak, employees of the United 
     States, or representatives of rail labor or rail management.
       (3) Within 40 days after the date of the enactment of this 
     Act, a majority of the members of the Council shall elect a 
     chairman from among such members.
       (d) Travel Expenses.--Each member of the Council shall 
     serve without pay, but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code.
       (e) Administrative Support.--The Secretary of 
     Transportation shall provide to the Council such 
     administrative support as the Council requires to carry out 
     this section.
       (f) Access to Information.--Amtrak shall make available to 
     the Council all information the Council requires to carry out 
     this section. The Council shall establish appropriate 
     procedures to ensure against the public disclosure of any 
     information obtained under this subsection which is a trade 
     secret or commercial or financial information that is 
     privileged or confidential.
       (g) Reports.--(1) Within 120 days after the date of the 
     enactment of this Act, the Council shall transmit to the 
     Amtrak board of directors and the Congress an interim report 
     on its findings and recommendations.
       (2) Within 270 days after the date of the enactment of this 
     Act, the Council shall transmit to the Amtrak board of 
     directors and the Congress a final report on its findings and 
     recommendations.
       (h) Status.--The Council shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.) or section 552 
     of title 5, United States Code (commonly referred to as the 
     Freedom of Information Act).

     SEC. 602. PRINCIPAL PLACE OF BUSINESS.

       Section 24301(b) of title 49, United States Code, is 
     amended--
       (1) by striking the first sentence;
       (2) by striking ``of the District of Columbia'' and 
     inserting in lieu thereof ``of the State in which its 
     principal place of business is located''; and
       (3) by inserting ``For purposes of this subsection, the 
     term `State' includes the District of Columbia. 
     Notwithstanding section 3 of the District of Columbia 
     Business Corporation Act, Amtrak, if its principal place of 
     business is located in the District of Columbia, shall be 
     considered organized under the provisions of such Act.'' 
     after ``in a civil action.''.

     SEC. 603. STATUS AND APPLICABLE LAWS.

       Section 24301 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``rail carrier under 
     section 10102'' and inserting in lieu thereof ``railroad 
     carrier under section 20102(2) and chapters 261 and 281''; 
     and
       (2) by amending subsection (c) to read as follows:
       ``(c) Application of Subtitle IV.--Subtitle IV of this 
     title shall not apply to Amtrak, except for sections 11301, 
     11322(a), 11502, and 11706. Notwithstanding the preceding 
     sentence, Amtrak shall continue to be considered an employer 
     under the Railroad Retirement Act of 1974, the Railroad 
     Unemployment Insurance Act, and the Railroad Retirement Tax 
     Act.''.

     SEC. 604. WASTE DISPOSAL.

       Section 24301(m)(1)(A) of title 49, United States Code, is 
     amended by striking ``1996'' and inserting in lieu thereof 
     ``2000''.

     SEC. 605. ASSISTANCE FOR UPGRADING FACILITIES.

       Section 24310 of title 49, United States Code, and the item 
     relating thereto in the table of sections of chapter 243 of 
     such title, are repealed.

     SEC. 606. RAIL SAFETY SYSTEM PROGRAM.

       Section 24313 of title 49, United States Code, and the item 
     relating thereto in the table of sections of chapter 243 of 
     such title, are repealed.

     SEC. 607. DEMONSTRATION OF NEW TECHNOLOGY.

       Section 24314 of title 49, United States Code, and the item 
     relating thereto in the table of sections of chapter 243 of 
     such title, are repealed.

     SEC. 608. PROGRAM MASTER PLAN FOR BOSTON-NEW YORK MAIN LINE.

       (a) Repeal.--Section 24903 of title 49, United States Code, 
     and the item relating thereto in the table of sections of 
     chapter 249 of such title, are repealed.
       (b) Conforming Amendment.--Section 24902(a)(1)(A) of title 
     49, United States Code, is amended by striking ``and 40 
     minutes''.

     SEC. 609. BOSTON-NEW HAVEN ELECTRIFICATION PROJECT.

       Section 24902(f) of title 49, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``Improvements under''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Amtrak shall design and construct the electrification 
     system between Boston, Massachusetts, and New Haven, 
     Connecticut, to accommodate the installation of a third 
     mainline track between Davisville and Central Falls, Rhode 
     Island, to be used for double-stack freight service to and 
     from the Port of Davisville. Amtrak shall also make clearance 
     improvements on the existing main line tracks to permit 
     double stack service on this line, if funds to defray the 
     costs of clearance improvements beyond Amtrak's own 
     requirements for electrified passenger service are provided 
     by public or private entities other than Amtrak. Wherever 
     practicable, Amtrak shall use portal structures and realign 
     existing tracks on undergrade and overgrade bridges to 
     minimize the width of the right-of-way required to add the 
     third track. Amtrak shall take such other steps as may be 
     required to coordinate and facilitate design and construction 
     work. The Secretary of Transportation may provide appropriate 
     support to Amtrak for carrying out this paragraph.''.

     SEC. 610. AMERICANS WITH DISABILITIES ACT OF 1990.

       (a) Application to Amtrak.--Amtrak, and with respect only 
     to the facilities it jointly uses with Amtrak, a commuter 
     authority, shall not be subject to any requirement under 
     section 242(a)(1) and (3) and (e)(2) of the Americans With 
     Disabilities Act of 1990 (42 U.S.C. 12162(a)(1) and (3) and 
     (e)(2)) until January 1, 1998. For stations jointly used by 
     Amtrak and a commuter authority, this subsection shall not 
     affect the allocation of costs between Amtrak and the 
     commuter authority relating to accessibility improvements.
       (b) Conforming Amendment.--Section 24307 of title 49, 
     United States Code, is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsection (c) as subsection (b).

     SEC. 611. DEFINITIONS.

       Section 24102 of title 49, United States Code, is amended--
       (1) by striking paragraphs (2), (3), and (11);
       (2) by redesignating paragraphs (4) through (8) as 
     paragraphs (2) through (6), respectively;
       (3) by inserting after paragraph (6), as so redesignated by 
     paragraph (2) of this section, the following new paragraph:
       ``(7) `rail passenger transportation' means the interstate, 
     intrastate, or international transportation of passengers by 
     rail;'';
       (4) in paragraph (6), as so redesignated by paragraph (2) 
     of this section, by inserting ``, including a unit of State 
     or local government,'' after ``means a person''; and
       (5) by redesignating paragraphs (9) and (10) as paragraphs 
     (8) and (9), respectively.

     SEC. 612. NORTHEAST CORRIDOR COST DISPUTE.

       Section 1163 of the Northeast Rail Service Act of 1981 (45 
     U.S.C. 1111) is repealed.

     SEC. 613. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.

       (a) Amendment.--Section 8G(a)(2) of the Inspector General 
     Act of 1978 (5 U.S.C. App.) is amended by striking 
     ``Amtrak,''.
       (b) Amtrak Not Federal Entity.--Amtrak shall not be 
     considered a Federal entity for purposes of the Inspector 
     General Act of 1978.

     SEC. 614. CONSOLIDATED RAIL CORPORATION.

       Section 4023 of the Conrail Privatization Act (45 U.S.C. 
     1323), and the item relating thereto in the table of contents 
     of such Act, are repealed.

     SEC. 615. INTERSTATE RAIL COMPACTS.

       (a) Consent to Compacts.--Congress grants consent to States 
     with an interest in a specific form, route, or corridor of 
     intercity passenger rail service (including high speed rail 
     service) to enter into interstate compacts to promote the 
     provision of the service, including--
       (1) retaining an existing service or commencing a new 
     service;
       (2) assembling rights-of-way; and
       (3) performing capital improvements, including--
       (A) the construction and rehabilitation of maintenance 
     facilities and intermodal passenger facilities;
       (B) the purchase of locomotives; and
       (C) operational improvements, including communications, 
     signals, and other systems.

[[Page H9519]]

       (b) Financing.--An interstate compact established by States 
     under subsection (a) may provide that, in order to carry out 
     the compact, the States may--
       (1) accept contributions from a unit of State or local 
     government or a person;
       (2) use any Federal or State funds made available for 
     intercity passenger rail service (except funds made available 
     for the National Railroad Passenger Corporation);
       (3) on such terms and conditions as the States consider 
     advisable--
       (A) borrow money on a short-term basis and issue notes for 
     the borrowing; and
       (B) issue bonds; and
       (4) obtain financing by other means permitted under Federal 
     or State law.

     SEC. 616. CONFORMING AMENDMENTS.

       Part C of subtitle V of title 49, United States Code, is 
     amended--
       (1) in section 24307(b)(3), as so redesignated by section 
     610(b)(2) of this Act, by striking ``Interstate Commerce 
     Commission'' and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (2) in section 24308--
       (A) by striking ``Interstate Commerce Commission'' in 
     subsection (a)(2)(A) and inserting in lieu thereof ``Surface 
     Transportation Board''; and
       (B) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board'';
       (3) in section 24311(c)--
       (A) by striking ``Interstate Commerce Commission'' in 
     paragraph (1) and inserting in lieu thereof ``Surface 
     Transportation Board'';
       (B) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board''; and
       (C) by striking ``Commission's'' in paragraph (2) and 
     inserting in lieu thereof ``Board's'';
       (4) in section 24902(j)--
       (A) by striking ``Interstate Commerce Commission'' each 
     place it appears and inserting in lieu thereof ``Surface 
     Transportation Board''; and
       (B) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board''; and
       (5) in section 24904(b), as so redesignated by section 
     207(a)(2) of this Act--
       (A) by striking ``Interstate Commerce Commission'' in 
     paragraph (2) and inserting in lieu thereof ``Surface 
     Transportation Board''; and
       (B) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board''.

     SEC. 617. MAGNETIC LEVITATION TRACK MATERIALS.

       The Secretary of Transportation shall transfer to the State 
     of Florida, pursuant to a grant or cooperative agreement, 
     title to aluminum reaction rail, power rail base, and other 
     related materials (originally used in connection with the 
     Prototype Air Cushion Vehicle Program between 1973 and 1976) 
     located at the Transportation Technology Center near Pueblo, 
     Colorado, for use by the State of Florida to construct a 
     magnetic levitation track in connection with a project or 
     projects being undertaken by American Maglev Technology, 
     Inc., to demonstrate magnetic levitation technology in the 
     United States. If the materials are not used for such 
     construction within 3 years after the date of the enactment 
     of this Act, title to such materials shall revert to the 
     United States.

     SEC. 618. RAILROAD LOAN GUARANTEES.

       (a) Declaration of Policy.--Section 101(a)(4) of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 (45 
     U.S.C. 801(a)(4)) is amended to read as follows:
       ``(4) Continuation of service on, or preservation of, light 
     density lines that are necessary to continued employment and 
     community well-being throughout the United States.''.
       (b) Maximum Rate of Interest.--Section 511(f) of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 (45 
     U.S.C. 831(f)) is amended by striking ``shall not exceed an 
     annual percentage rate which the Secretary determines to be 
     reasonable, taking into consideration the prevailing interest 
     rates for similar obligations in the private market.'' and 
     inserting in lieu thereof ``shall not exceed the annual 
     percentage rate which is equivalent to the cost of money to 
     the United States.''.
       (c) Minimum Repayment Period and Prepayment Penalties.--
     Section 511(g)(2) of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (45 U.S.C. 831(g)(2)) is 
     amended to read as follows:
       ``(2) payment of the obligation is required by its terms to 
     be made not less than 15 years but not more than 25 years 
     from the date of its execution, with no penalty imposed for 
     prepayment after 5 years;''.
       (d) Determination of Repayability.--Section 511(g)(5) of 
     the Railroad Revitalization and Regulatory Reform Act of 1976 
     (45 U.S.C. 831(g)(5)) is amended to read as follows:
       ``(5) either the loan can reasonably be repaid by the 
     applicant or the loan is collateralized at no more than the 
     current value of assets being financed under this section to 
     provide protection to the United States;''.
               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Expenditures.--Section 24104(a) of title 49, 
     United States Code, is amended to read as follows:
       ``(a) Capital Expenditures.--There are authorized to be 
     appropriated to the Secretary of Transportation--
       ``(1) $230,000,000 for fiscal year 1995;
       ``(2) $230,000,000 for fiscal year 1996;
       ``(3) $224,000,000 for fiscal year 1997;
       ``(4) $501,000,000 for fiscal year 1998;
       ``(5) $516,000,000 for fiscal year 1999; and
       ``(6) $531,000,000 for fiscal year 2000,

     for the benefit of Amtrak for capital expenditures under 
     chapters 243 and 247 of this title.''.
       (b) Operating Expenses.--Section 24104(b) of title 49, 
     United States Code, is amended to read as follows:
       ``(b) Operating Expenses.--There are authorized to be 
     appropriated to the Secretary of Transportation--
       ``(1) $542,000,000 for fiscal year 1995;
       ``(2) $405,000,000 for fiscal year 1996;
       ``(3) $365,000,000 for fiscal year 1997;
       ``(4) $387,000,000 for fiscal year 1998;
       ``(5) $292,000,000 for fiscal year 1999; and
       ``(6) $242,000,000 for fiscal year 2000,

     for the benefit of Amtrak for operating expenses.''.
       (c) Additional Authorizations.--Section 24104(c) of title 
     49, United States Code, is amended to read as follows:
       ``(c) Additional Authorizations.--In addition to amounts 
     appropriated under subsection (a), there are authorized to be 
     appropriated to the Secretary of Transportation--
       ``(1) $200,000,000 for fiscal year 1995;
       ``(2) $115,000,000 for fiscal year 1996;
       ``(3) $255,000,000 for fiscal year 1997;
       ``(4) $250,000,000 for fiscal year 1998;
       ``(5) $250,000,000 for fiscal year 1999; and
       ``(6) $250,000,000 for fiscal year 2000,

     for the benefit of Amtrak to make capital expenditures under 
     chapter 249 of this title.''.
       (d) Reduction of Amounts.--Section 24104 of title 49, 
     United States Code, is further amended by adding at the end 
     the following new subsection:
       ``(g) Reduction of Amounts.--For each fiscal year, the 
     total amount authorized to be appropriated under subsections 
     (a) and (c) combined shall be reduced by any amount made 
     available to Amtrak pursuant to the Taxpayer Relief Act of 
     1997 for that fiscal year.''.
       (e) Conforming Amendments.--Section 24909 of title 49, 
     United States Code, and the item relating thereto in the 
     table of sections of chapter 249 of such title, are repealed.
       (f) Guarantee of Obligations.--There are authorized to be 
     appropriated to the Secretary of Transportation--
       (1) $50,000,000 for fiscal year 1998;
       (2) $50,000,000 for fiscal year 1999; and
       (3) $50,000,000 for fiscal year 2000,

     for guaranteeing obligations of Amtrak under section 511 of 
     the Railroad Revitalization and Regulatory Reform Act of 1976 
     (45 U.S.C. 831).
       (g) Conditions for Guarantee of Obligations.--Section 
     511(i) of the Railroad Revitalization and Regulatory Reform 
     Act of 1976 (45 U.S.C. 831(i)) is amended by adding at the 
     end the following new paragraph:
       ``(4) The Secretary shall not require, as a condition for 
     guarantee of an obligation under this section, that all 
     preexisting secured obligations of an obligor be subordinated 
     to the rights of the Secretary in the event of a default.''.

  The CHAIRMAN pro tempore. No amendment to the committee amendment in 
the nature of a substitute is in order except those printed in House 
Report 105-334 and an amendment in the nature of a substitute by the 
gentleman from Minnesota [Mr. Oberstar]. That amendment may be offered 
only after the disposition of the amendments printed in the report, 
shall be considered read, shall be debatable for 30 minutes, equally 
divided and controlled by an opponent and a proponent, and shall not be 
subject to an amendment.
  The amendments printed in the report may be offered only by a Member 
designated in the report, shall be considered read, shall be debatable 
for the time specified in the report, equally divided and controlled by 
the proponent and an opponent, shall not be subject to amendment, 
except as specified in the report. And shall not be subject to a demand 
for division of the question.
  The Chairman of the Committee of the Whole may postpone a request for 
a recorded vote on any amendment and may reduce to a minimum of 5 
minutes the time for voting on any postponed question that immediately 
follows another vote, provided that the time for voting on the first 
question shall be a minimum of 15 minutes.


               Preferential Motion Offered by Mr. Bonior

  Mr. BONIOR. Mr. Chairman, I move that the Committee do now rise.
  The CHAIRMAN pro tempore. The question is on the motion offered by 
the gentleman from Michigan [Mr. Bonior].
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. BONIOR. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 195, 
noes 214, not voting 24, as follows:

                             [Roll No. 528]

                               AYES--195

     Abercrombie
     Ackerman
     Allen
     Baesler
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brown (FL)
     Brown (OH)
     Capps
     Cardin
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer

[[Page H9520]]


     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Ensign
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Fazio
     Filner
     Flake
     Foglietta
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Goode
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Hinojosa
     Holden
     Hooley
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (WI)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     LaFalce
     Lampson
     Lantos
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McDermott
     McGovern
     McHale
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Millender-McDonald
     Miller (CA)
     Minge
     Mink
     Moakley
     Moran (VA)
     Murtha
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Pickett
     Pomeroy
     Poshard
     Price (NC)
     Reyes
     Rivers
     Rodriguez
     Roemer
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schumer
     Scott
     Serrano
     Sherman
     Skaggs
     Skelton
     Slaughter
     Smith, Adam
     Snyder
     Spratt
     Stabenow
     Stark
     Stenholm
     Stokes
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson
     Thurman
     Tierney
     Torres
     Towns
     Turner
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Wexler
     Weygand
     Wise
     Woolsey
     Wynn
     Yates

                               NOES--214

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bilbray
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Brady
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Castle
     Chabot
     Chambliss
     Christensen
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Crapo
     Cunningham
     Davis (VA)
     Deal
     DeLay
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ewing
     Foley
     Fowler
     Fox
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goss
     Graham
     Granger
     Greenwood
     Gutknecht
     Hall (TX)
     Hamilton
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     Kingston
     Klink
     Klug
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     LoBiondo
     Lucas
     Manzullo
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Oxley
     Packard
     Pappas
     Parker
     Paul
     Paxon
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Redmond
     Regula
     Riggs
     Riley
     Rogan
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Schaefer, Dan
     Schaffer, Bob
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Shimkus
     Shuster
     Sisisky
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith, Linda
     Snowbarger
     Solomon
     Spence
     Stearns
     Stump
     Sununu
     Talent
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Thune
     Tiahrt
     Traficant
     Upton
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--24

     Andrews
     Bereuter
     Bilirakis
     Bono
     Brown (CA)
     Chenoweth
     Cubin
     Dickey
     Fawell
     Forbes
     Gonzalez
     Goodling
     Houghton
     McCarthy (NY)
     McIntosh
     Mollohan
     Payne
     Rangel
     Ryun
     Scarborough
     Schiff
     Smith (OR)
     Souder
     Weldon (PA)

                              {time}  1128

  Mr. WALSH and Mr. OXLEY changed their vote from ``aye'' to ``no.''
  So the motion was rejected.
  The result of the vote was announced as above recorded.
  (Mr. ARMEY asked and was given permission to speak out of order for 1 
minute.)


                          Legislative Program

  Mr. ARMEY. Mr. Chairman, I take this time for the purpose of advising 
the Members about the day's schedule.
  Mr. Chairman, of course, as we all know, we are approaching the end 
of the legislative year. This is always a hectic time in our lives. 
There are always important matters that must be resolved before we 
finish.
  We come to the point of time in the year's schedule when it becomes 
difficult, and, many times impossible, to postpone legislation, and 
while, during the course of the year and at all times I do my very best 
to in fact honor the commitment for Members with respect to their 
ability to get away from the week's work at the appointed time, I feel 
like it is only fair for all the Members to get an early warning, as 
early as I can realize it, when it might be that we may not be able to 
meet the departure time for the day.
  Today we were, of course, promised, as is our usual custom on 
Fridays, a 2 o'clock departure time. But we do have two very important 
pieces of legislation that must be completed today, Amtrak and the 
Interior conference report. Already today we have had some votes that 
perhaps we might not have had to have that indicate to me that the 2 
o'clock departure time is not likely to be something we can meet.
  I would like to, of course, retain the completion of our work to some 
period of time as soon after 2 o'clock as possible, and I would 
encourage all our Members to be circumspect and respectful of one 
another in the use of our time so that we can complete these two 
important legislative pieces today and finish our work. But it is only 
fair that I encourage everybody to understand that under any 
circumstances, we simply do not have time in the legislative calendar 
into which we can postpone these two pieces of work, if we are then to 
complete the other work that is still before us.
  Mr. FAZIO of California. Mr. Chairman, will the gentleman yield?
  Mr. ARMEY. I yield to the gentleman from California.
  Mr. FAZIO of California. I think everyone here, Mr. Leader, would 
like to proceed on the agenda to complete this Congress, and certainly 
I think most of us would have hoped we could have taken up the Amtrak 
matter yesterday, as we had scheduled to.
  But it seems to me the one key component to getting agreement from 
both sides of the aisle to proceed on all these important matters is an 
overridingly important issue that relates to the gentlewoman from 
Orange County, CA [Ms. Sanchez].
  She will be having an anniversary, as we all will, of our election 
here before we leave this town the first Tuesday of November, and yet 
she has not been accorded the same ability to take and hold her seat 
that the rest of us have.
  I think it is fair to say the people on this side of the aisle, who 
showed the power of their support for her last night, retain that 
interest, and implore the majority to bring that issue to close before 
we leave. If that assurance can be given, I think the process here can 
be eased greatly.
  Mr. ARMEY. Mr. Chairman, reclaiming my time, I thank the gentleman 
for his remarks, and it is my understanding that the gentlewoman from 
California [Mrs. Sanchez] is in fact seated in the body, is voting, 
does have her committee assignments, and is working on the same basis 
as any other Member. The House did, of course, spend some time 
yesterday addressing this issue. It is an important issue, as the 
gentleman from California says, and it is in fact so important that it 
will be done fully, completely, professionally, objectively and fairly.
  Finally, before I yield back my time, I should say that another very 
important component to the effect of successful completion of work is 
civility.


                  Amendment Offered by Mr. LaTourette

  Mr. LaTOURETTE. Mr. Chairman, I offer an amendment, made in order 
under the rule.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. LaTourette:
       Page 2, strike lines 4 through 6, and insert in lieu 
     thereof the following:
       (a) Agreement by Parties.--Section 24312(b)(1) of title 49, 
     United States Code, is

[[Page H9521]]

     amended by inserting ``, unless the parties otherwise agree'' 
     after ``in the bargaining unit''.
       (b) Use of Other Rail Carriers.--Section 24312 of title 49, 
     United States Code, is further amended by adding at the end 
     the following new subsection:
       (c) Use of Other Rail Carriers.--(1) When Amtrak contracts 
     * * *
       Page 3, line 1, strike ``(b) Effective Date.--Subsection 
     (a)'' and insert in lieu thereof ``(c) Effective Date.--
     Subsection (b)''.
       Page 12, line 11, through page 15, line 16, amend section 
     301 to read as follows:

     SEC. 301. RESOLUTION OF LABOR PROTECTION AND CONTRACTING OUT 
                   ISSUES.

       Amtrak and a labor organization representing Amtrak 
     employees may present proposals, to a Presidential Emergency 
     Board appointed under section 10 of the Railway Labor Act (45 
     U.S.C. 160) with respect to a dispute to which Amtrak and the 
     labor organization are parties, concerning all issues 
     relating to--
       (1) the provisions of Appendix C-2 to the National Railroad 
     Passenger Corporation Agreement, signed July 5, 1973; and
       (2) the limitations imposed under section 24312(b) of title 
     49, United States Code.

     If no contract has been agreed to after the expiration of the 
     30-day period following the report of the Presidential 
     Emergency Board, then, consistent with the Railway Labor Act, 
     the employees may strike and Amtrak may lock out the 
     employees or impose terms of employment containing changes 
     with respect to issues described in paragraph (1) or (2), 
     notwithstanding sections 24706(c) and 24312(b) of title 49, 
     United States Code. This section shall not apply to any 
     dispute concerning which a Presidential Emergency Board has 
     reported before the date of the enactment of this Act. This 
     section shall not apply to any issue that has been resolved 
     by an agreement between Amtrak and a labor organization. This 
     section shall not apply to issues relating to provisions 
     defining the scope or classification of work performed by an 
     Amtrak employee. Nothing in this Act shall affect the level 
     of protection provided to employees of freight railroads or 
     of transit systems.
       Page 15, line 18, through page 16, line 13, amend 
     subsection (a) to read as follows:
       (a) Employee Protective Arrangements.--
       (1) Amendment.--Section 24706(c)(3) of title 49, United 
     States Code, is amended by inserting ``, unless the parties 
     otherwise agree'' after ``of this title''.
       (2) Application of other law.--Section 1172(c) of title 11, 
     United States Code, shall not apply to Amtrak and its 
     employees if an agreement described in the amendment made by 
     paragraph (1) of this subsection is in effect.

  The CHAIRMAN. Pursuant to House Resolution 270, the gentleman from 
Ohio [Mr. LaTourette] and a Member opposed each will control 10 
minutes. Does the gentleman from Pennsylvania [Mr. Shuster] seek the 
time in opposition?
  Mr. SHUSTER. I do, Mr. Chairman.
  The CHAIRMAN. The Chair recognizes the gentleman from Ohio [Mr. 
LaTourette].
  Mr. LaTOURETTE. Mr. Chairman, I ask unanimous consent that half of my 
10 minutes in support of the amendment be given to the coauthor of the 
amendment, the gentleman from Ohio [Mr. Traficant], and that he be 
permitted to yield time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  (Mr. LaTOURETTE asked and was given permission to revise and extend 
his remarks.]
  Mr. LaTOURETTE. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, initially I want to thank the cosponsor of this 
amendment, my fine colleague, the gentleman from Ohio, [Mr. Traficant]. 
I also want to commend the chairman of our full committee, the 
gentleman from Pennsylvania [Bud Shuster], for not only his work on 
this bill, but also in the way that he has been willing to work with 
us, and even appear at the Committee on Rules and suggest that this 
amendment be made in order.
  This bill is sound in many respects, as it serves to reform Amtrak 
and many important areas. There is no doubt that one reason that Amtrak 
continues to run deficits is due to the lack of reform. Where I must 
respectfully part company, however, with our chairman, is whether the 
C-2 labor protections for Amtrak are part of that problem.
  I supported this bill in the last Congress and in committee this year 
out of respect for our chairman and the arguments that he made. But 
that support was based upon the argument that C-2 protections were 
adversely impacting the financial health of Amtrak.
  Based upon information received during the committee hearing, I have 
doubts, serious doubts, about those claims. Amtrak's current net loss 
is in the neighborhood of $322 million. In 1995 and 1996 Amtrak paid 
out only $2 million in labor protection to approximately 2,000 
employees. This works out to approximately $1,000 per employee.
  The cost of labor protection and contracting out is open to debate, 
and in regard to C-2 labor protections, which we heard so much about 
during the course of the rule debated, Amtrak has been unable to 
produce a single individual who has ever received the C-2 labor 
protection.
  In a July letter written by Tom Downs, the CEO of Amtrak, which I 
will include for the Record, he stated Amtrak does not experience a 
significant cost in C-2 expenses, so that the impact of the repeal of 
C-2 would not save us any significant funds except ultimately in the 
bankruptcy of Amtrak. I also state that I would prefer to be able to 
negotiate C-2 provisions with labor than to have Congressman date 
changes.
  I mention the Downs letter simply to stress there is an honest 
difference of opinion regarding the issue of existing labor protection 
and the prohibition of contracting out. Given this fact, it is only 
fair that these issues be subject to collective bargaining. The 
amendment will provide for these issues to be bargained between Amtrak 
and its union organizations and ensure that neither party negotiates 
from a disadvantaged position.
  Mr. Chairman, I urge my colleagues to support the LaTourette-
Traficant amendment and reserve the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I must rise in opposition to this amendment. This 
amendment will destroy the labor reforms in the legislation, leaving in 
place the status quo that has helped bring us to the brink of 
bankruptcy with Amtrak. Indeed, this amendment will destroy the labor 
reform in this legislation, which is, and I emphasize this, which is 
precisely, exactly, the same labor reform which passed this House in 
the last Congress by a vote of 406 to 4.
  Indeed, the labor reform which passed this House overwhelmingly in 
the last Congress and which is in this legislation before us today was 
drafted by Congressman Quinn back in 1995 with Labor's full 
participation, and, indeed, is exactly word for word the same labor 
reforms that Labor supported in the last Congress.
  So if we are going to save Amtrak, if we are going to unlock the $2.3 
billion needed to help save Amtrak, it is necessary, it is vital, that 
we keep in place the labor reforms, which this House previously 
overwhelmingly agreed to.
  For that reason, I must oppose the amendment of my friend.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TRAFICANT. Mr. Chairman, I yield 1 minute to the gentleman from 
West Virginia [Mr. Wise].
  Mr. WISE. Mr. Chairman, those concerned about the cost of labor 
protection need to understand what the gentleman from Ohio [Mr. 
LaTourette], has said. Two thousand people were laid off by Amtrak at 
an average cost of slightly over $1,000, far less than the plans of 
most major corporations.
  In terms of undoing labor reforms, what you do with the LaTourette-
Traficant amendment is you say there will be no more automatic labor 
protection clauses, no more automatic C-2. Instead, it becomes a 
subject of collective bargaining, and, indeed, if they do not reach 
agreement, Amtrak can unilaterally do away with those labor protection 
clauses.
  All we are asking is you treat now these railroad workers with the 
same ability that you treat those in the private sector. Permit them to 
go to collective bargaining where labor protection comes in the mix 
with wages and working conditions and grievance procedures. So one can 
be bargained away for the other, but at least the workers have 
something to say about that. That is why it is so important to support 
the LaTourette-Traficant amendment.
  Mr. SHUSTER. Mr. Chairman, I want to deal with this issue of how much 
it costs Amtrak to lay off workers and the argument that it hasn't 
really cost them anything.

[[Page H9522]]

  It begs the question. In fact, it is a red herring. The very fact 
that 6 years of labor protection and pay must be paid is the reason why 
Amtrak could not adjust their labor force and layoff anybody, because 
it was too costly to do so. So it is true they have not spent much 
money in these layoffs. The reason is they could not afford to do it 
because of the 6-year guarantee.
  Mr. Chairman, I yield 3 minutes to the gentleman from Wisconsin, [Mr. 
Petri], the distinguished chairman of the Subcommittee on Surface 
Transportation.
  Mr. PETRI. Mr. Chairman, I thank the gentleman for yielding me time.
  I rise in opposition to the LaTourette-Traficant amendment. The 
amendment would gut the labor reforms in the Amtrak bill, leaving 
Amtrak with the onerous labor provisions that it has been saddled with 
for the last 26 years.
  Let me be clear about what current labor requirements entail. Amtrak 
must pay up to 6 years of full wages and benefits to any worker who is 
laid off due to a route elimination or frequency reduction to below 
three times per week. That is right, 6 years of severance pay.
  Even worse, any worker who is asked to move his or her job location 
more than 30 miles is eligible for the 6 years of benefits. So workers 
do not even have to be laid off in order to claim the 6 years of pay.
  In addition, there is currently a Federal law that prevents Amtrak 
from contracting out any work other than foods or beverage service if 
it will result in the layoff of a single employee in a bargaining unit. 
This prohibits Amtrak from gaining any of the savings that are possible 
through contracting out work.
  Mr. Chairman, the bill before us contains a compromise reform 
proposal on these two issues that was worked out in the last Congress 
with the full participation and support of organized labor. It is a 
fair compromise that allows labor and management to negotiate through 
the collective bargaining process the issues of labor protection and 
contracting out. Amtrak could agree to any terms on these issues. 
Federal law would not predetermine the outcome in any way. It is 
important to note that at the end of the bargaining process, if there 
were no agreement, labor would have the right to strike just as it 
would under any other railroad labor collective bargaining agreement.

                              {time}  1145

  Mr. Chairman, we do not require airlines to pay laid-off employees 
for 6 years. We do not prevent the airlines from contracting out work. 
Why should we do that for Amtrak?
  I urge my colleagues to defeat the LaTourette amendment, pass the 
bill, and secure Amtrak's future.
  Mr. LaTOURETTE. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, like the chairman of the full committee, I have great 
respect for the chairman of the Subcommittee on Surface Transportation, 
but I would again point out that Amtrak has yet to point out one single 
employee who has successfully accessed the horrible 6-year severance 
package they are talking about.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Ohio [Mr. 
Traficant], the distinguished ranking member of the full committee,
  Mr. TRAFICANT. I thank the gentleman for yielding time to me, Mr. 
Chairman, and I yield to the gentleman from New Jersey [Mr. Pascrell].
  Mr. PASCRELL. Mr. Chairman, I rise today in strong support of the 
LaTourette amendment. We have seen a pattern of trying to undermine and 
trying to impose incremental changes in labor agreements on this floor. 
Parties signed agreements. They should change the agreements in 
collective bargaining. It is not up to the Congress of the United 
States to take away labor protections. When we have the head of 
management saying that if these protections are removed, they are going 
to have very little effect upon the total package, what more do we 
wish? Labor and management are on the same page. Why should we rip out 
that page?
  If we do not have this amendment, we will eliminate wage protections 
for displaced passenger rail employees which have been in place since 
1930. Many of these workers gave up their seniority on freight 
railroads to come over to Amtrak when it was created. They would lose 
severance benefits they deserve under this bill.
  Mr. Chairman, I rise in strong support of this amendment.
  Mr. SHUSTER. Mr. Chairman, I am pleased to yield 4 minutes to the 
distinguished gentleman from Georgia [Mr. Collins].
  (Mr. COLLINS asked and was given permission to revise and extend his 
remarks.)
  Mr. COLLINS. Mr. Chairman, I rise in opposition to the LaTourette 
amendment.
  Mr. Chairman, I regret having to oppose my good friends from Ohio. I 
know we share the strong belief that the men and women who work in the 
trenches every day are the backbone of each and every business. It is 
the working men and women who are responsible for the success or 
failure of a company, and they should be treated fairly and allowed to 
reap the benefits of their successes.
  At the same time, I believe working men and women must share in the 
responsibilities of maintaining the profitability of the companies from 
which they derive their livelihood. Unfortunately, I believe the 
LaTourette amendment would gut some of the most important provisions in 
the Amtrak reform legislation which Amtrak must have to survive. These 
are the labor provisions.
  As mandated by law today, Amtrak must pay any worker up to 6 years of 
full wages and benefits if that worker is laid off due to route 
elimination, or even a reduction in frequency of service below three 
times a week. Even more costly for Amtrak is the provision that in the 
case of realignment, an employee can be paid up to 6 years of full 
wages and benefits if he is asked to move his job location by more than 
30 miles and does not wish to do so.
  Some have argued that these provisions are not important since 
payments for labor protection have been relatively low. However, that 
argument ignores the fundamental need for this legislation. The 
legislation will allow Amtrak for the first time to act like a business 
and realign routes and services to be profitable. Today this cannot be 
done. Why? Because Congress has required Amtrak to provide certain 
routes and services, whether or not they are profitable. Therefore, 
labor has been protected from operational changes and costs have been 
minimal.
  However, the GAO has estimated that the total labor protection 
obligation of Amtrak would cost between $2 and $5 billion, up to more 
than five times the total annual Federal funding for Amtrak. The 
taxpayers simply cannot afford this. The LaTourette amendment would 
leave the current law on labor protection in place. If negotiations set 
forth under legislation fail, the current labor provisions would 
remain. Therefore, there would be little or no incentive to negotiate 
in good faith and the status quo would be maintained.
  In this legislation, Congress will determine the future of passenger 
rail service in this country. With roads and highways becoming 
increasingly jammed and with regulations on air quality becoming 
increasingly stringent, many States are having a reviewed and renewed 
interest in the use of rail.
  We are at a point where we have three basic choices. We may choose, 
first, to raise the amount of subsidy; second, to give Amtrak the 
opportunity to survive with the reforms provided in this legislation; 
or third, we can decide that passenger rail service to any great extent 
is not necessary or desirable in this country.
  I urge my colleagues to vote against the LaTourette amendment, and 
vote in support of passenger rail service in the United States.
  Mr. TRAFICANT. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Minnesota [Mr. Oberstar], the ranking member, and a man 
who was born to be chairman of this committee, like the gentleman from 
Pennsylvania [Mr. Shuster].
  Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding time 
to me.
  Mr. Chairman, I want to come back to the fundamental issue here, what 
is driving this issue; what are the costs that are driving the Amtrak 
problem.
  Last year, Amtrak had a $322 million deficit, in 1996. How much of 
that was

[[Page H9523]]

caused by labor protection? About $1 million. We cannot lay all of 
Amtrak's problems at the feet of the working people who run the trains. 
Amtrak over 2 years laid off 2,000 people. It cost $2 million in labor 
protective costs. That does not break the back of Amtrak.
  Does labor protection provisions, a requirement to pay severance 
costs to the laid-off workers, prevent Amtrak from shutting off rail 
service? No, it does not. Ask the people in Idaho, Utah, Alabama, 
Massachusetts, Florida. Amtrak canceled routes in all those States last 
year because they knew that the labor protection cost was so small, 
there were so few employees involved, that the effect would be 
negligible on savings, so they shut the routes down. We cannot lay the 
problems of Amtrak at the feet of working men and women.
  Mr. Chairman, what does this amendment that Mr. LaTourette and Mr. 
Traficant are offering do? It sets up a process by which the Railway 
Labor Act can function to resolve these problems. Amtrak and its labor 
workers can negotiate changes in labor protection and contracting out. 
If they fail to agree, they can go to a Presidential emergency board to 
ask it to make recommendations. If they still fail to agree, they can 
resort to usual self-help remedies. Amtrak management can lock out or 
impose contract terms. Labor can strike. That is all this does. We 
ought to support the LaTourette-Traficant amendment.
  Mr. TRAFICANT. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, the issue today is the collective bargaining process. 
By voting for Quinn, we treat Amtrak workers differently, and take away 
a fundamental right under American law that Congress has steadfastly 
supported, the right for workers with management to negotiate the 
salient points of the terms of their employment.
  This is not about Amtrak today; this vote is about the collective 
bargaining process, the sanctity of that process, and the terms 
guaranteed within the rights to negotiate. If Members vote for the 
Quinn measure, they take away the right of Amtrak workers to negotiate.
  The gentleman from Georgia [Mr. Collins] is exactly right. I do not 
have any more respect any greater for anybody else than for the 
gentleman from Georgia [Mr. Collins], but not once, I would say to the 
gentleman, has there been a severance pay by Amtrak. They negotiated 
it.
  We cannot, Congress, save Amtrak by destroying and killing Amtrak 
workers. But by god, if Congress goes forward and sets the precedent 
today to throw out the window the gains of the collective bargaining 
process, Congress will have failed itself. Congress would have set a 
new law, a tragic law.
  Let me say this, Republicans are mad, and rightfully so. Labor tried 
to screw them, but striking back at labor today is not what they are 
doing. What they are doing is turning back the clock on the rights of 
workers, duly assembled under our constitutional freedoms, to bargain 
in good faith, to negotiate and bargain in good faith.
  God almighty, how can we be having this debate? There was a blue 
ribbon panel since the last vote, Mr. Chairman, and that blue ribbon 
panel says none of these labor provisions is costly or consequential to 
Amtrak. They do not care what we do. I say the people of America and 
the workers of America know what we do.
  I do not think the Republicans are as unfriendly to working people as 
to take away a precedent of collective bargaining in this country. This 
is a sad day. I voted with them many times. The gentleman from New York 
[Mr. Quinn] has been a friend of labor. He should be very careful, 
because by treating Amtrak workers differently today, he negotiates a 
new labor type of system in America where collective bargaining and 
negotiation in good faith is not important to the Congress of the 
United States.
  Shame, Congress. Shame, Congress. I ask Members to vote ``no'' on 
Quinn.
  Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I appreciate the enthusiasm of my good friend, the 
gentleman from Ohio [Mr. Traficant]. But facts are stubborn things. The 
facts are that the legislation before us does not take away the 
collective bargaining rights of Amtrak employees. In fact, it puts in 
place the ability of the Amtrak employees and management to engage in 
collective bargaining. That is a fact. It is in the legislation. All 
the steamy rhetoric in Washington is not going to change that fact.
  Beyond that, it is also significant to note that the 6-year labor 
protection was not something that was negotiated through collective 
bargaining. Ironically, the 6-year imposed labor protection was imposed 
by the Department of Labor, not through collective bargaining. I 
appreciate all the enthusiastic, steamy rhetoric about taking away 
collective bargaining and protecting collective bargaining, but facts 
are facts. The facts are just as I recited them.
  Mr. QUINN. Mr. Chairman, will the gentleman yield?
  Mr. SHUSTER. I yield to the gentleman from New York.
  Mr. QUINN. Mr. Chairman, I just want to point out for the Record in 
the few minutes we have remaining, when we talk about collective 
bargaining, there is nobody in this House, I do not believe, who has 
fought for collective bargaining longer and harder than me. What is 
ironic to me is that this same bill, the identical bill of 2 years ago, 
which talked about collective bargaining and had the support of labor 
for collective bargaining, is back here again, identical as the first 
time.
  I cannot understand for the life of me, Mr. Chairman, why we had the 
support and belief that it did not break contracts back then, but 
somehow it breaks contracts today, the exact same language. We will 
talk more about it in the amendment.
  Mr. SHUSTER. Mr. Chairman, it is interesting that the very Members 
who are speaking so forcefully about the lack of collective bargaining 
in this voted in favor of this very legislation just in the last 
Congress.
  Mr. Chairman, I yield back the balance of my time.
  Mr. LaTOURETTE. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, I rise just briefly, not to rebut but to make a 
response.

                              {time}  1200

  This bill, 254 days from the date that it is going into enactment, 
repeals all of the labor protection statutes that are available to 
Amtrak workers. It creates no incentive. There was an observation made 
that there is no incentive there for the workers to negotiate. It 
creates no incentive for the Amtrak workers to negotiate, because they 
are all gone.
  After 16 years of deferrals, wage freezes, entry level wage 
decreases, the Amtrak worker who just as late as 1980 made a buck-
seven, less than a BART worker in San Francisco, now makes $7.39 an 
hour less. That is not right.
  Mr. Chairman, this is the right amendment, and just because of the 
confusion I want to stress one thing. We need people to vote ``no'' on 
Quinn so we have a vote on LaTourette-Traficant.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in support of 
the LaTourette-Traficant amendment to H.R. 2247, the Amtrak 
Reauthorization Act of 1997. My colleagues, in today's highly 
competitive marketplace we need to preserve labor protections and 
collective bargaining rights of employees and to level the playing 
field between the employers and employees in negotiating wages, 
benefits and severance payments.
  The LaTourette-Traficant amendment to H.R. 2247 will level the 
playing field in negotiations between Amtrak and it's employees. H.R. 
2247, as drafted fails to do this, it removes labor protections from 
workers and eliminates statutory wage protection for Amtrak employees, 
while claiming that it simply subjects these issues to collective 
bargaining. This is not good for Amtrak workers and that is not good 
for America in trying to preserve a national railway system for this 
country.
  The LaTourette-Traficant amendment requires Amtrak employees to enter 
into collective bargaining on two provisions which are currently 
nonnegotiable under current law. These two provisions prohibit Amtrak 
from taking Federal funds, firing an employee, and contracting out work 
and providing protection to Amtrak employees who lost their jobs when a 
route is eliminated.
  The LaTourette amendment requires employees to engage in bargaining 
with Amtrak on these two issues, just as they must bargain with Amtrak 
on all collective bargaining issues.
  The key issue with these amendments is that these two provisions 
remain in place while

[[Page H9524]]

the bargaining continues. If Amtrak is not satisfied with the outcome 
of the bargaining, Amtrak may refuse to sign a contract with the 
employees, and the only recourse of the employees is to strike.
  Amtrak has also publicly stated that all it wants is to bargain with 
its employees about these two issues. Privately, Amtrak President Tom 
Downs has said the LaTourette amendment is acceptable to him.
  Porponents of the H.R. 2247 say that this amendment will hurt the 
financial security of Amtrak. This argument is ridiculous. The two 
provisions being currently debated have no bearing on Amtrak's 
financial future. The current bill as written eliminates labor 
protections and abrogates collective bargaining agreements negotiated 
between Amtrak and its employees, and repeals existing prohibitions on 
contracting out Amtrak's operation.
  The contracting out provisions in the law bars Amtrak from firing a 
current employee and contracting out his or her job. But this provision 
does not really prohibit contracting out--in fact, Amtrak contracts out 
$10 million worth of work. The labor protections provide severance for 
workers who lose their jobs when a route is eliminated entirely. Since 
the layoff of 4,000 employees in the last 2 years, Amtrak has paid out 
thousands of dollars in protective benefits. Amtrak has said repeatedly 
that these provisions have nothing to do with its future economic 
security.
  The LaTourette amendment is a fair, sensible compromise. I believe 
that this amendment reasonably protects the rights of Amtrak employees 
while satisfying the concerns of Amtrak. My colleagues, all the 
evidence highlights the continued need for labor protections and 
statutory wage protections between Amtrak and its employees and to 
secure Amtrak's future. I urge my colleagues to support the LaTourette 
amendment which will ensure a strong and secure future of Amtrak and 
its 20,000 workers.
  Mr. KUCINICH. Mr. Chairman, I rise today to support the amendment by 
Mr. LaTourette and Mr. Traficant, my colleagues from northern Ohio, and 
to honor the men and women who have built and operate the Amtrak 
railway system.
  More than 100 years ago, it was the railroads that formed the basic 
infrastructure of our country--the infrastructure that enabled our 
economy to expand and prosper. Hundreds of thousands of dedicated 
workers--many of them immigrants working for low wages--gave their 
lives to build America's railroads. Today, railroads employees use 
their skills to keep the railroads safe--to move freight and passengers 
quickly and efficiently.
  When Amtrak was founded in 1971, the Federal Government made a 
compact with its workers. We made a pact to treat Amtrak workers 
fairly, to protect the incomes of Amtrak workers who gave up jobs in 
higher-paying freight railroad companies. The Government promised to 
compensate Amtrak employees who are displaced because of the process of 
restructuring. This Amtrak Reform Act abandons those commitments. It 
eliminates essential worker protections and places arbitrary time 
limits on the collective bargaining process. It would lead to greater 
labor strife in the Amtrak system because workers would have their 
contract rights canceled. It would demoralize Amtrak workers, forcing 
them to sacrifice so the system can obtain the Federal financing that 
was set aside in the Balanced Budget Act. This is blatantly unfair to 
the people who keep Amtrak running. And it violates the public interest 
of our Nation.
  The amendment by Mr. LaTourette and Mr. Traficant is a fair and 
reasonable compromise. It balances the financial needs of Amtrak with 
the respect that we owe to Amtrak's dedicated employees. I commend my 
Ohio colleagues for proposing this measure and I urge my colleagues to 
support it.
  Mr. PAYNE. Mr. Chairman, I rise today in opposition to the Amtrak 
Reform and Privatization Act because I believe it violates both worker 
and passenger rights and safety. The bill as it is currently written 
would violate the rights of Amtrak workers by eliminating wage 
protections and allowing the company to hire outside contractors. It 
has been proven that eliminating wage protection or contracting out 
will do little to improve the financial stability of the company. By 
eliminating this protection it will only prove to be helpful to Amtrak 
if the company is forced to lay off a large number of employees. This 
would be a cruel send off to many dedicated railway workers who have 
given the best years of their lives to help keep Amtrak going. The bill 
also threatens the safety of both employees and passengers from 
receiving the damages due to them and their families as a result of a 
rail accident. I represent an area of New Jersey that relies heavily on 
Amtrak service and Amtrak rails to provide needed public transportation 
to millions of people in one of the most congested areas of the 
country. Therefore, I cannot support this piece of legislation unless 
these negative provisions are taken out. I believe Representative La 
Tourette and Representative Traficant's amendment will allow employees 
of the rail company to have the proper and safe standards they 
currently rely on while still ensuring that this bill will reform 
Amtrak to become a stable and one day profitable company. I urge my 
colleagues to vote for this amendment and against the bill if the 
LaTourette-Traficant amendment or the Oberstar substitute is not agreed 
to.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield back the balance of my time.


Amendment No. 2 Offered by Mr. Quinn as a Substitute for the Amendment 
                       Offered by Mr. LaTourette

  Mr. QUINN. Mr. Chairman, I offer an amendment as a substitute for the 
amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment offered as a substitute for the amendment 
is as follows:

       Amendment No. 2 offered by Mr. Quinn as a substitute for 
     the amendment offered by Mr. LaTourette:

       Page 15, after line 16, insert the following new paragraph:
       (7) Nothing in this Act shall affect the level of 
     protection provided to employees of freight railroads or of 
     transit systems.

  The CHAIRMAN pro tempore (Mr. Thornberry). Pursuant to House 
Resolution 270, the gentleman from New York [Mr. Quinn] and the 
gentleman from Minnesota [Mr. Oberstar] each will control 10 minutes.
  The Chair recognizes the gentleman from New York [Mr. Quinn].
  Mr. QUINN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I am glad I was here on the floor this past Wednesday 
to witness the open debate that we held on H.R. 2247, which of course 
was the ``Amtrak Reform and Privatization Act of 1997,'' because if I 
had been in my office, Mr. Chairman, and watched the debate on our TV 
sets I would have thought that I was watching a videotape of our 
discussion 2 years ago in the full committee markup of this Amtrak 
bill.
  Mr. Chairman, I heard people on the floor just a day or two ago 
arguing how this bill would break contracts. I heard people argue how 
thousands of jobs would be lost and how Amtrak would contract out all 
of its work and how the job loss would wreak havoc with the Railroad 
Retirement System.
  Ironically, Mr. Chairman, those are exactly the same arguments that I 
used to gain support for amendments that we offered that day. Those 
were arguments that Members in the House used, both Democrats and 
Republicans, to get the compromise that we had then and the same 
compromise that we have this morning.
  Has the House forgotten that we amended the bill that day? Have we 
forgotten that we won a major victory for the working men and women of 
the railroad that day?
  Mr. Chairman, we came up with a fair compromise that would help 
Amtrak gain the necessary reforms it needed to survive.
  I thought about that word ``Congress,'' and thought about the word 
``compromise'' a little bit at the same time. I went back to the office 
and I got the Webster's Dictionary and looked up ``compromise.'' It 
said, ``A settlement of differences by arbitration or by consent 
reached by mutual concessions.'' Consent reached by mutual concession. 
Is that not what we had on this legislation the last time, consent 
reached by mutual concession?
  Mr. Chairman, the original committee bill that I objected to would 
have dropped Amtrak labor protections from 6 years to 6 months, no 
questions asked. It would have happened. The original committee bill 
would have allowed Amtrak to contract out almost all of its work, no 
questions asked.
  We put together a compromise which we offered on behalf of everybody 
so that we would have mutual concessions from both sides. That is the 
definition of a compromise, Mr. Chairman. Unfortunately, I have to rise 
today with this substitute to the amendment of the gentleman from Ohio 
[Mr. LaTourette], my good friend and colleague. I would have hoped that 
we would have been able to keep the amendment separate; however, with 
the rule before us, that is not going to be possible.
  While I respect and admire my good friend from Ohio, his amendment 
would strike from the bill the compromise language that we all worked 
on, with

[[Page H9525]]

the support of labor, to protect the rights of working men and women at 
Amtrak.
  I am a little disappointed, Mr. Chairman, with the level of some of 
that discussion here on the floor. We have been fighting for the 
survival of Amtrak for over 2 years now, and it makes everything sound 
that this amendment, this Quinn amendment, is all of the sudden 
antilabor. I respectfully disagree that I am offering an antilabor 
amendment today. It is a prolabor amendment that simply does this: It 
walls off the Amtrak employees so that we are not having any effect 
today on freight labor or transit labor workers in this act. Plain and 
simple. Otherwise, it is exactly the same.
  Today's amendment would, in addition to walling off those provisions, 
say to our workers across the country and in our individual districts 
that we are going to keep Amtrak alive and well and working so that all 
the jobs can be retained. I am very concerned, Mr. Chairman, if we are 
not successful here this afternoon, where this funding for Amtrak will 
end up.
  Mr. Chairman, we have a golden opportunity to do the right thing and 
to save our country's national rail passenger system today while 
preserving the dignity of its workers. The LaTourette amendment, by 
stripping out the Quinn compromise, will jeopardize that funding. The 
release of that money is contingent upon real Amtrak reform. What 
better reform is there than the compromise reform that we agreed upon 
in this House 406 to 4? Which Republicans, Democrats and organized 
labor all agreed to?
  I suggest that we keep the necessary compromise reforms in this bill, 
strip out the unintentional effect that it could have had on freight 
and transit labor workers, and I ask my colleagues to support the Quinn 
substitute.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 1\1/2\ minutes.
  Mr. Chairman, to first debunk a few myths, one is the myth of the 
vote of the last Congress. We had an election since then. Seventy-six 
new Members of Congress. We do not expect them to be retained to 
whatever was done by their predecessor in Congress.
  Second, in the aftermath of that legislation to which senior members 
of rail labor signed on, there has been an election as well and those 
two labor leaders were defeated and replaced by new leadership who has 
charted a new direction for their members and said that it is not a 
good deal.
  Third, the Quinn amendment is opposed by the AFL-CIO, the 
Transportation Trades Department, AFL-CIO, the United Transportation 
Union, the Brotherhood of Locomotive Engineers, the Transportation 
Communications Union, the Brotherhood of Maintenance of Way Employees, 
the Brotherhood of Railroad Signalmen, and the Transport Workers Union, 
and all other rail unions. That was set forth in a statement from the 
Transportation Trades Department this morning.
  Mr. Chairman, I yield 1 minute to the gentleman from Ohio [Mr. 
LaTourette].
  Mr. LaTOURETTE. Mr. Chairman, I want to say in response to the 
gentleman from New York [Mr. Quinn], my good friend, I am certainly not 
saying that his amendment is an anti-labor amendment. I think everybody 
on our side recognized the gentleman as a friend of labor. My problem 
with the Quinn amendment is this: It walls off freight labor, but it 
does nothing for the men and women who work for Amtrak.
  The fact of the matter is if the Quinn amendment passes we will not 
have a vote on the LaTourette amendment. What that means is that all of 
the labor provisions that are in place 254 days after the enactment of 
the bill, that are in place for all the men and women who work so hard 
for Amtrak, will blow up. That clearly will put the management at 
Amtrak, which issued a memorandum to itself saying that they should be 
careful not to give themselves no more than a 15 percent increase, 
while the wages of the Amtrak employees have continued to decline.
  The observation that I made in the Committee on Rules and that the 
gentleman from Minnesota [Mr. Oberstar] made on the floor the other day 
is exactly right. The Quinn amendment is a good amendment, but it is 
half a loaf. We need the whole loaf to protect the good men and women 
that work for Amtrak.
  Mr. QUINN. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Pennsylvania [Mr. Shuster], the chairman of the full 
committee.
  Mr. SHUSTER. Mr. Chairman, I rise in strong support of the Quinn 
amendment. I certainly would concur that new Members who were not here 
in the past Congress are totally free to vote however they choose. But 
I do believe that Members who were here and with whom we negotiated in 
good faith, I am quite surprised that they now would flip-flop even 
though we did work out a compromise.
  In fact, the distinguished ranking member of the Subcommittee on 
Railroads said about virtually this same legislation the last time we 
had it before us that,

       I was initially concerned that the Amtrak employees might 
     not be treated equitably in the bill. However, after some of 
     the changes were made in the bill, a reasonable compromise 
     was reached. The bill will enable Amtrak to downsize and 
     control its costs while ensuring the fair treatment of Amtrak 
     employees if there is a loss of jobs.

  Mr. Chairman, that was their position then. The Secretary of 
Transportation at the time said,

       I am pleased that the labor provisions of the bill have 
     been altered so the change will be achieved through labor-
     management dialog. The committee's proposed legislation is a 
     positive contribution to the debate on how to ensure the 
     long-term vitality of inner city transportation.

  And Mr. Greg Lawler representing rail labor said at the time,

       We think this is a good compromise on Amtrak. We hope it 
     goes forward. We like it.

  This is the biggest flip-flop since Humpty Dumpty fell off the wall. 
This is not antilabor. This is pro-Amtrak. We are trying to save 
Amtrak. And at the time, talk about good faith negotiation, at the time 
we sat down with the Senate and tried to work out funding for Amtrak 
the agreement was that the $2.3 billion would be put in the 
reconciliation tax package for Amtrak subject to, contingent upon, real 
regulatory reforms, meaningful reforms taking place.
  So, Mr. Chairman, if the Quinn amendment fails, then I do not believe 
there is going to be any bill. There is not going to be any bill 
because we will be in the position of not being able to fulfill our 
commitment that we made back at the time the $2.3 billion was made 
contingent upon real reform. If there is no real reform, there is not 
going to be any bill and there is not going to be any $2.3 billion for 
Amtrak, and I deeply regret that because I want to save Amtrak.
  Mr. Chairman, it is crucial that we pass the Quinn amendment so we 
can then proceed to pass this legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Florida [Ms. Brown].
  Ms. BROWN of Florida. Mr. Chairman, in this discussion we need to 
talk about the important role passenger rail plays in the lives of our 
citizens and our economy. What this Amtrak authorization bill really is 
about is keeping the vital links open.
  There are provisions in the authorizing bill that disregard labor 
agreements already agreed to by labor and management. If we are really 
serious about keeping Amtrak running, if we are really serious about 
supporting the working people of Amtrak and getting people to work, we 
must vote ``no'' on this Quinn amendment.
  Mr. Chairman, when I served in the Florida House of Representatives 
we had a saying: ``Loving a bill to death.'' That is what is happening 
here. We are talking about how we support Amtrak and we support Amtrak 
workers, but we are putting provisions in here that we know are a 
killer to the working people of Amtrak and the men and women of this 
country.
  Mr. Chairman, in this discussion, we need to talk about the important 
role passenger railroads play in the lives of our citizens and to our 
economy.
  What this Amtrak authorization bill really is about is keeping this 
vital link open. There are provisions in this authorization bill that 
disregard labor agreements already agreed to by labor and management.
  This will kill the chance for a smooth labor negotiation and create a 
transportation nightmare.

[[Page H9526]]

  The LaTourette-Traficant bill adds reason and fairness to this bill. 
It leaves the issues of wage and contracting to the labor and 
management negotiators.
  This amendment must be part of the bill.
  The negotiators must have the ability to work out the best deal.
  If we are really serious about keeping Amtrak running and getting 
people to work, we must vote ``yes'' on this amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from 
West Virginia [Mr. Wise].
  Mr. WISE. Mr. Chairman, the distinguished gentleman from Pennsylvania 
[Mr. Shuster] recalled my words on the floor 2 years ago, so I want to 
rise to that challenge. The fact is, as the chairman points out, this 
bill passed 406 to 4, left the House 406 to 4.
  But, Mr. Chairman, I would say to my colleagues, please note, walk 
100 yards down the hall to the other body. It went nowhere. One of the 
reasons it went nowhere is because of the provisions in this bill as 
well as the provisions dealing with liability restrictions.
  Do we want an Amtrak bill? Do we want the trains to continue running 
in the Northeast corridor? Do we want to see some legislation this 
year? Then we have to vote against the Quinn amendment and for the 
LaTourette amendment.
  Also, because the predictions that were made 2 years ago so 
eloquently in the debate about what would happen if these provisions 
were not included in the bill have proven not to come forth. Indeed, 
the so-called labor protections have resulted in less than slightly 
more than $1,000 per severed employee, not a great sum to Amtrak.
  So for those reasons, 406 to 4, yes, out of this House and the bill 
then went absolutely nowhere. Stalled on a siding.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Indiana [Ms. Carson].
  (Ms. CARSON asked and was given permission to revise and extend her 
remarks.)
  Ms. CARSON. Mr. Chairman, I rise to express strong opposition to the 
Quinn amendment. While the Amtrak reform and privatization bill makes 
some vital improvements to the Nation's passenger rail system, it also 
includes very dangerous provisions that will hurt Amtrak's employees 
and passengers.
  It throws Amtrak employees into the same uncertainty that faces so 
many other American workers today. The bill ends race protections for 
displaced and downgraded Amtrak workers that have been in place since 
the 1980's. It does away with the law protecting Amtrak employees 
against being replaced by contract workers without the same guarantees 
of wages and benefits like health care.
  In my district, this provision in the bill would allow Amtrak to 
replace 706 workers at the Amtrak maintenance shop in Beech Grove, IN, 
with contract workers in other States. Taking away people's jobs is not 
reform. Let us not balance Amtrak's books by depriving people like the 
Beech Grove shop workers of their jobs.
  Mr. Chairman, I urge my colleagues to support the LaTourette-
Traficant amendment and to reject the Quinn amendment.
  Mr. QUINN. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Florida [Mr. Mica], a member of the full committee and a member of the 
Subcommittee on Railroads.

                              {time}  1215

  Mr. MICA. I thank the gentleman for yielding me the time.
  Mr. Chairman, why can we not pass the same bill that this House 
passed last year by a vote of almost every Member of the House? I 
submit it is because special interests weighed in.
  Here are the folks that supported the legislation last time that have 
now reversed their position. Special interests have weighed in.
  I have a unique approach today. Let us not represent special 
interests. Let us represent the American taxpayer.
  We heard it is not costing us anything. Let me put this in 
perspective. For every time someone got on an Amtrak passenger train 
last year, the taxpayer paid $25, $25. There were 20 million boardings. 
That is hundreds of millions of taxpayer dollars. So it does cost the 
taxpayer money. In fact, it has cost the taxpayer, since 1971, $19 
billion to subsidize Amtrak.
  Testimony to our committee said that we could transport people by 
chauffeured limousine along some of these routes at a lower cost. Why 
can we not make these changes? Because special interests say that if we 
eliminate a route, we must pay 6 years full wages and benefits.
  We have tried Band-Aids. We have tried bailing wire. We have tried 
masking tape. I submit that the taxpayer demands that we make real 
reforms that fix Amtrak.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from 
New Jersey [Mr. Pascrell].
  Mr. PASCRELL. Mr. Chairman, thank God we are in the 105th Congress. 
That was a chart from the 104th Congress.
  Specifically speaking, in subtitle 5 of title 49, section 24706, it 
is very clear what the language is that they are going to take out with 
the Quinn amendment. It says the following: Employee protective 
arrangements, Amtrak or a rail carrier shall provide fair and equitable 
arrangements to protect the interests of employees of Amtrak or a rail 
carrier, as the case may be, affected by the discontinuance of 
intercity rail passenger service.
  We are talking about the preservation of rights, privileges and 
benefits of the employees to continuation of collective-bargaining 
rights, the protection of individual employees against a worsening of 
their positions related to employment, assurances of priority of 
employment, reemployment, et cetera, et cetera. All that we are talking 
about in the LaTourette amendment is to place the words at the end of 
that section saying, ``unless the parties agree.''
  They cannot even accept that. This is antilabor. I will say it here 
on the floor.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from 
Ohio [Mr. Traficant].
  Mr. TRAFICANT. Mr. Chairman, if we take away the incentive to bargain 
in good faith, we kill collective-bargaining, period. Every word of the 
Quinn amendment is in LaTourette and Traficant. If Members vote for 
LaTourette-Traficant, they vote for Quinn. But what is not in Quinn are 
basic labor protections.
  I am tired of hearing about 2 years ago. Workers were willing to hurt 
themselves to save Amtrak. But since then there has been a blue ribbon 
panel that said we do not have to kill the workers. That is not the big 
cost factor.
  Let us allow our workers to negotiate with management. Let us not set 
a precedent today that does kill collective-bargaining. If we do not 
incentivize collective-bargaining and we provide a disincentive, we 
kill collective-bargaining.
  That is the issue today. That is the issue today. If Members are 
supporting Quinn, everything that Quinn says is in LaTourette and 
Traficant. I want Members to know that. But when they vote for Quinn, 
they are killing the incentive to negotiate in good faith. Let there be 
no mistake. That is a sad day.
  H.R. 2247, the Amtrak Reform and Privatization Act of 1997, makes 
some much needed changes to Amtrak that will allow it to streamline its 
operations and cut costs.
  However, as drafted the bill makes changes in current law that are 
unnecessary and will have a negative impact on Amtrak's employees.
  The LaTourette-Traficant amendment does exactly what the Quinn 
substitute does: it says that freight and transit workers will not be 
affected by any changes made in the bill.
  But the amendment goes further than Quinn: It also says that 
statutory provisions on labor protection and contracting out will 
remain in place.
  Under the Quinn amendment, Amtrak workers are treated differently 
than freight or transit workers. Under the Quinn amendment, freight and 
transit workers retain the protections afforded under the current law. 
Amtrak workers lose that protection under the Quinn amendment.
  The LaTourette-Traficant amendment affords Amtrak management and 
labor the opportunity to collectively bargain over these issues. The 
amendment allows these provisions to be altered or eliminated through 
the collective bargaining process.
  Let's tell it like it is. Amtrak seldom, if ever, pays labor 
protection severance when a route is terminated. When there are job 
cutbacks, senior employees have rights under collective bargaining 
agreements to bump more junior employees holding other jobs. These 
junior employees are eligible for very limited protection.

[[Page H9527]]

  Over the past 5 years, Amtrak was able to lay off more than 2,000 
employees out of a work force of 23,000. The labor protection costs 
amounted to about $500 per employee.
  Let's take a look at contracting out. H.R. 2247, also repeals the 
statutory prohibition on Amtrak contracting out work if it results in 
any Amtrak employees losing their jobs.
  The fact is, current law allows Amtrak to contract out work, and 
every year Amtrak contracts out tens of millions of dollars of work.
  Yes, in the last Congress almost an identical bill passed with over 
400 votes. I supported that bill.
  But a lot has changed in 2 years. A blue ribbon panel was established 
to review Amtrak. The panel did not find that statutory labor 
protection and contracting out provisions are a major factor in 
hindering Amtrak's performance.
  Since the last Congress, we have also had more time to examine the 
exact costs Amtrak has incurred because of statutory labor protection 
and contracting out provisions. Those costs are minimal.
  Passing this amendment will not, in any way, compromise the major 
thrust of the bill, which is to make much needed reforms to Amtrak's 
operations.
  The LaTourette-Traficant amendment ensures that any changes to the 
current relationship between management and labor are mode through the 
collective bargaining process--not through the dictates of Congress. 
That's the way it should be.
  Vote ``no'' on the Quinn amendment and ``yes'' on the LaTourette-
Traficant amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from 
Ohio [Mr. LaTourette], cosponsor with the gentleman from Ohio [Mr. 
Traficant] of the underlying amendment.
  Mr. LaTOURETTE. Mr. Chairman, I thank the gentleman for yielding me 
the time.
  To amplify on what our good friend from Youngstown, OH, had to say, 
in 1981 Amtrak unions negotiated an agreement calling for a package of 
wage increases. Soon after the passage of that agreement, that 
contract, the unions were told by Amtrak and Members of Congress that 
Amtrak could not afford what the company just agreed to. The workers 
were told that they had to defer two-thirds of those increases.
  It is now 1997, 16 years later, and that wage increase remains 
deferred. Amtrak workers have sacrificed for the good of Amtrak.
  Again, to reiterate, the Quinn amendment, if we think of a train ride 
from New York City to Los Angeles, the train stops in Buffalo sadly. It 
does not get all the way to Los Angeles. In order to get all the way to 
Los Angeles, we need to reject the Quinn amendment and support 
LaTourette-Traficant.
  The CHAIRMAN pro tempore [Mr. Thornberry]. The gentleman from 
Minnesota [Mr. Oberstar] has the right to close debate as he is 
defending the committee position on a substitute amendment.
  Mr. QUINN. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey [Mr. LoBiondo].
  Mr. LoBIONDO. Mr. Chairman, I would like to point out that my good 
friend, the gentleman from Ohio [Mr. Traficant] pointed out what is 
needed in this bill and referred to the comments of the gentleman from 
Pennsylvania [Mr. Shuster].
  If we do not enact these reforms, we are not going to have Amtrak. 
Maybe some Members in this House do not care about Amtrak. Maybe some 
Members say it does not affect them. But it does. It is an important 
component of our rail system that we need to pass the Quinn amendment 
to be able to keep this alive.
  The gentleman from New York [Mr. Quinn] has worked tirelessly on 
these issues to help promote the common good, to try to draw Members 
together, to try to draw consensus. If we are to move forward with 
Amtrak, we need these reforms to be able to put in place the funding.
  So if Members care about Amtrak, if they want to see Amtrak continue 
to operate, this is essential. That is the bottom line. We can talk all 
we want about everything else. There will not be any jobs. It will be 
bankrupt. It will be belly up. Those jobs will be gone. So we want 
these reforms enacted so we can protect it.
  Mr. QUINN. Mr. Chairman, I yield myself the balance of my time. Just 
to close the last 30 seconds that we have, I think the point that the 
gentleman from New Jersey [Mr. LoBiondo] and other speakers have made 
is critically important to all Members before they come over here to 
vote this afternoon.
  We can talk about blue ribbon panels. We can talk about charges back 
and forth and who is for labor and who is against labor. But at the end 
of the day, in the next half hour, the important concept is whether or 
not Amtrak is able to survive.
  I will submit that a vote against Quinn is a vote to contribute to 
the collapse of Amtrak. Support the Quinn substitute.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  I want to thank the distinguished gentleman from Ohio for his 
principled stand and the gentleman from Ohio [Mr. Traficant] for his 
stand on this issue of fundamental importance to rail labor.
  I have heard some very disturbing comments in the course of the 
debate yesterday or the day before in reference to labor bosses. Today 
reference to special interests. Since when are working men and women 
special interests? It is just a way of blurring their name, smudging 
their name. I resent it.
  Who do you call captains of industry? Management. Fancy term. Why 
cannot labor be referred to in the same terms of respect?
  Make no mistake about it, we support what the gentleman from New York 
[Mr. Quinn] is attempting to do. His concepts are incorporated into the 
LaTourette amendment, but we never get to the LaTourette amendment, the 
LaTourette-Traficant amendment, if we support Quinn. To get to the real 
reforms in Amtrak we need to defeat the pending amendment of the 
gentleman from New York in order to vote on what working men and women 
have said in their elections that they support as the right way to deal 
with labor conditions in America's passenger rail.
  Let us make no mistake about it. The committee bill does this year, 
as it did in the last Congress, set up a process for wiping out 
contractual agreements freely entered into between labor and 
management. I would say, and in the last Congress I did support this 
bill because it was something I inherited, I kept the word of my 
predecessor.
  I would not have negotiated this bill. But my father told me, what is 
sacred is what labor negotiates with management. You can never wipe it 
out. The Congress will wipe out the sacred trust between labor and 
management in the contract freely negotiated. Defeat the Quinn 
amendment.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from New York [Mr. Quinn] as a substitute for the 
amendment offered by the gentleman from Ohio [Mr. LaTourette].
  The question was taken; and the Chairman pro tempore announced that 
the ayes have it.


                             Recorded Vote

  Mr. TRAFICANT. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. Pursuant to clause 2(c) of rule XXIII, the 
Chair may reduce to not less than 5 minutes the time for any electronic 
vote, if ordered, on the LaTourette amendment without intervening 
business or debate.
  The vote was taken by electronic device, and there were--ayes 195, 
noes 223, not voting 16, as follows:

                             [Roll No. 529]

                               AYES--195

     Aderholt
     Archer
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bilbray
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady
     Bryant
     Bunning
     Burr
     Buyer
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Cardin
     Castle
     Chabot
     Chambliss
     Christensen
     Coble
     Coburn
     Collins
     Combest
     Cook
     Cooksey
     Cox
     Crane
     Cunningham
     Davis (VA)
     Deal
     DeLay
     Dooley
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     Ensign
     Everett
     Ewing
     Fawell
     Foley
     Forbes
     Fowler
     Franks (NJ)
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gingrich
     Goode
     Goodlatte
     Goodling
     Goss
     Graham
     Granger
     Greenwood
     Gutknecht
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton

[[Page H9528]]


     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jenkins
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kim
     Kingston
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Livingston
     LoBiondo
     Lucas
     Manzullo
     McCollum
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller (FL)
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Northup
     Norwood
     Nussle
     Oxley
     Packard
     Pappas
     Parker
     Paxon
     Pease
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Quinn
     Radanovich
     Ramstad
     Redmond
     Regula
     Riggs
     Riley
     Rogan
     Rogers
     Rohrabacher
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Shimkus
     Shuster
     Skeen
     Smith (MI)
     Smith (TX)
     Snowbarger
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stump
     Sununu
     Talent
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Thune
     Upton
     Walsh
     Wamp
     Watkins
     Watts (OK)
     Weldon (FL)
     White
     Whitfield
     Wicker
     Wolf

                               NOES--223

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baesler
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Bentsen
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Burton
     Capps
     Carson
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crapo
     Cummings
     Danner
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dellums
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Doyle
     Edwards
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Fazio
     Filner
     Flake
     Foglietta
     Ford
     Fox
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gillmor
     Gilman
     Gordon
     Green
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Hinojosa
     Holden
     Hooley
     Hoyer
     Hulshof
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (WI)
     Johnson, E. B.
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kleczka
     Klink
     Kucinich
     LaFalce
     Lampson
     Lantos
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McDade
     McDermott
     McGovern
     McHale
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Metcalf
     Millender-McDonald
     Miller (CA)
     Minge
     Mink
     Moakley
     Moran (VA)
     Murtha
     Nadler
     Neal
     Neumann
     Ney
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Pelosi
     Peterson (MN)
     Pickett
     Pomeroy
     Poshard
     Price (NC)
     Rahall
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schumer
     Scott
     Serrano
     Sherman
     Sisisky
     Skaggs
     Skelton
     Slaughter
     Smith (NJ)
     Smith, Adam
     Smith, Linda
     Snyder
     Spratt
     Stabenow
     Stark
     Stokes
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson
     Thurman
     Tiahrt
     Tierney
     Torres
     Towns
     Traficant
     Turner
     Velazquez
     Vento
     Visclosky
     Waters
     Watt (NC)
     Waxman
     Weldon (PA)
     Weller
     Wexler
     Weygand
     Wise
     Woolsey
     Wynn
     Yates
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Bereuter
     Bilirakis
     Callahan
     Chenoweth
     Cubin
     Dickey
     Gonzalez
     Klug
     McCarthy (NY)
     McIntosh
     Mollohan
     Payne
     Rangel
     Ryun
     Schiff
     Smith (OR)

                              {time}  1247

  The Clerk announced the following pair:
  On this vote:

       Mr. Smith of Oregon for, with Mr. Rangel against.

  Ms. SLAUGHTER and Messrs. NEUMANN, TIAHRT, WELLER and METCALF, and 
Ms. KELLY changed their vote from ``aye'' to ``no.''
  Mr. WHITFIELD and Mr. TAYLOR of Mississippi changed their vote from 
``no'' to ``aye.''
  So the amendment offered as a substitute for the amendment was 
rejected.
  The result of the vote was announced as above recorded.
  Mr. SHUSTER. Mr. Chairman, I ask unanimous consent to address the 
Committee for 1 minute.
  The CHAIRMAN pro tempore (Mr. Thornberry). Is there objection to the 
request of the gentleman from Pennsylvania?
  Mr. OBERSTAR. Mr. Chairman, reserving the right to object, is it the 
objective of the gentleman that the Committee rise at this point after 
his 1-minute?
  Mr. SHUSTER. Mr. Chairman, if the gentleman will yield, that is my 
objective, yes.
  Mr. OBERSTAR. Mr. Chairman, further reserving the right to object, 
would not the regular order of business be, without this intervening 1-
minute, to proceed immediately to the vote on the underlying amendment 
of the gentleman from Ohio (Mr. LaTourette)?
  The CHAIRMAN pro tempore. It would be the next order of business to 
proceed on the vote on the LaTourette amendment, the substitute having 
failed.
  Mr. OBERSTAR. Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SHUSTER. Mr. Chairman, when the Taxpayer Relief Act provided $2.3 
billion for capital improvements to save Amtrak, it was contingent on 
enactment of meaningful labor reforms. Unfortunately by the changing, 
the switching votes here since that previous Congress, we find 
ourselves in the position where we have no meaningful reforms. Under 
these circumstances, we simply cannot proceed. I believe we have 
jeopardized the future of Amtrak's existence.
  (Mr. OBERSTAR asked and was given permission to address the Committee 
for 1 minute.)
  Mr. OBERSTAR. Mr. Chairman, I respect the statement the Chairman of 
our Committee has just made, but I just want to point out that the 
legislation providing for the $2.3 billion simply calls for a reform, 
no adjectives to it. The underlying LaTourette amendment is reform. We 
could proceed to vote on it. It would do the job and it would release 
the $2.3 billion. I want to make that very clear.
  Mr. SHUSTER. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly the Committee rose; and the Speaker pro tempore (Mr. 
Combest) having assumed the chair, Mr. Thornberry, Chairman pro tempore 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
2247) to reform the statutes relating to Amtrak, to authorize 
appropriations for Amtrak, and for other purposes, had come to no 
resolution thereon.

                          ____________________