[Congressional Record Volume 143, Number 161 (Monday, December 15, 1997)]
[House]
[Pages H10962-H10963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  OMISSION FROM THE CONGRESSIONAL RECORD OF NOVEMBER 13, 1997, PAGES 
                            10899 AND 10900

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Shuster] and the gentleman from Minnesota [Mr. 
Oberstar] each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Shuster].
  Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, at long last we have an Amtrak reform bill here on the 
floor which has strong bipartisan support. It is a bill which has the 
reforms in it which are so necessary. It is a bill which provides for 
the board, which is the creation of a new board which is constitutional 
and which has the degree of independence necessary to make the tough 
decisions. It provides for the management to be able to make decisions 
with regard to the route configuration. Indeed, it gives Amtrak a 
fighting chance to succeed and survive.
  Mr. Speaker, I urge all of our colleagues to support this measure.
  Mr. Speaker, I rise in support of S. 738, the Amtrak Reform and 
Accountability Act of 1997.
  Mr. Speaker, I am very pleased that we have been able to reach a 
bipartisan agreement on an amendment to S. 738. Over the past 24 hours, 
we have been able to reach consensus with our colleagues on the other 
side of the aisle on the issue of the Amtrak board of directors. This 
amendment will provide Amtrak with the reforms it so badly needs, as 
well as release of the $2.3 billion in capital funds that were provided 
in the Taxpayer Relief Act.
  The amendment adopts the basic principles and reforms of S. 738, the 
bill passed by the Senate last Friday by unanimous consent, and makes 
limited but important changes that will ensure successful 
implementation of long overdue Amtrak reforms.
  This amendment contains the labor, liability, and contracting-out 
provisions that were included in the Senate bill with no changes.
  I am pleased that the reforms in this amendment will allow Amtrak, 
for the first time in its 26-year history, to operate more like a 
business and cut costs.
  On the issue of labor protection, the Senate bill contains a 
provision that is almost identical to reforms that were included in the 
House bill, H.R. 2247. The provision will repeal the statutory 
guarantee that Amtrak provide up to 6 years of labor protection to any 
employee who is laid off due to a route elimination or frequency 
reduction to below three times per week. This issue would be sent to 
collective bargaining, under a 180-day accelerated bargaining process.
  The current ban on contracting out any work other than food and 
beverage service if it would result in the layoff of a single employee 
would also be repealed in the Senate bill. This issue would be sent to 
collective bargaining, but would not be negotiable until the next round 
of contract negotiations, unless the parties mutually agreed to take it 
up before then.

  The Senate bill also provides for a global cap of $200 million on 
tort liability for death or injury to a passenger, or damage to 
property of a passenger. It also includes a requirement

[[Page H10963]]

that Amtrak maintain insurance of at least $200 million.
  Further, the Senate bill would clarify that a provider of rail 
passenger transportation may enter into contracts that allocate 
financial responsibility for claims. This provision is not to be 
construed to impair or call into question the enforceability of 
existing contracts between Amtrak and other rail carriers that allocate 
financial responsibility for claims. It also should not be construed to 
affect pending cases. In addition, it should not be construed to 
eliminate existing State limits on liability for commuter operators.
  Again, on these important issues . . . labor protection, liability 
and contracting out . . . we are accepting the Senate compromise and 
making no change to it.
  The one significant departure from the Senate bill in this amendment 
relates to the board of directors. The House amendment would replace 
the existing board with a new, 7-member reform board to be appointed by 
the President in consultation with House and Senate majority and 
minority leadership. New members would be required to have expertise in 
transportation or corporate or financial management.
  The purpose of this provision is to provide a fresh start for Amtrak, 
and to ensure that only qualified professionals are permitted to serve 
on the board of directors. The amendment also allows the President to 
select the Secretary of Transportation as a board member. It also 
designates the president of Amtrak as an ex-officio, non-voting member 
of the board.
  Mr. Speaker, these changes to Amtrak's board bill are necessary to 
allow the Senate-passed reforms to work.
  Mr. Speaker, I believe that the Senate bill as modified by this 
amendment provides meaningful reform of Amtrak that will go a long way 
toward restoring financial viability and improving rail passenger 
service. It will also release the $2.3 billion that was provided in the 
Taxpayer Relief Act, allowing Amtrak to make much-needed capital 
investments.
  I urge a ``yes'' vote on S. 738, as amended.
  Mr. Speaker, I reserve the balance of my time.