[Congressional Record Volume 168, Number 184 (Wednesday, November 30, 2022)]
[House]
[Pages H8667-H8669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PROVIDING FOR A CORRECTION IN THE ENROLLMENT OF H.J. RES. 100

  Mr. PAYNE. Mr. Speaker, pursuant to House Resolution 1499, I call up 
the concurrent resolution (H. Con. Res. 119) providing for a correction 
in the enrollment of H.J. Res. 100, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore (Mr. Yarmuth). Pursuant to House Resolution 
1499, the concurrent resolution is considered read.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 119

       Resolved by the House of Representatives (the Senate 
     concurring), That, in the enrollment of the joint resolution 
     H.J. Res. 100, the Clerk of the House of Representatives 
     shall make the following corrections:
       (1) Amend section 1--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following:
       ``(b) Paid Sick Leave.--
       ``(1) In general.--Any tentative agreements, side letters, 
     or local carrier agreements entered into by the parties and 
     ratified before the date of enactment of this joint 
     resolution and the tentative agreements, side letters, and 
     local carrier agreements made binding by subsection (a) 
     shall, beginning 60 days after the date of enactment of this 
     joint resolution, provide--
       ``(A) for 7 days of paid sick leave annually, except that 
     nothing in this subparagraph shall supersede any existing 
     labor agreement between such parties that provides for more 
     than 7 days of paid sick leave annually; and
       ``(B) that the use of any 7 days of paid sick leave 
     annually, regardless of whether such days are provided under 
     a tentative agreement, side letter, or local carrier 
     agreement or under an existing labor agreement described in 
     subparagraph (A), will not result in any points, demerits, or 
     disciplinary citations under any party's attendance policy.
       ``(2) Effect.--The modification referenced in paragraph (1) 
     shall each have the same effect as though arrived at by 
     agreement of such parties under the Railway Labor Act (45 
     U.S.C. 151 et seq.).''.
       (2) Redesignate section 2 as section 3.
       (3) After section 1, insert the following:

     ``SEC. 2. NEGOTIATIONS AND ARBITRATION.

       ``(a) Negotiations.--The parties to the disputes subject to 
     Presidential Emergency Board No. 250, established pursuant to 
     Executive Order 14077 of July 15, 2022, shall negotiate the 
     implementation of the 7 days of paid sick leave imposed on 
     such parties by section 1(b).
       ``(b) Binding Arbitration.--If, after 30 days after the 
     date of enactment of this joint resolution, the parties are 
     not able to reach agreement on the matter described in 
     subsection (a), such parties shall enter into binding 
     arbitration on such matter to provide for a final resolution 
     of such unresolved matter.
       ``(c) Arbitration.--The arbitration described in subsection 
     (b) shall be conducted pursuant to the provisions of section 
     7 of the Railway Labor Act (45 U.S.C. 157), and any award 
     shall be enforceable under section 9 of the Railway Labor Act 
     (45 U.S.C. 159), except that, in the public interest, 
     compensation and expenses of the arbitrators shall be borne 
     equally by the parties.
       ``(d) Deadline.--Not later than 60 days after the date of 
     enactment of this joint resolution, any binding arbitration 
     proceeding entered into pursuant to subsection (b) shall be 
     completed, including issuance of any award by the arbitration 
     board.''.

  The SPEAKER pro tempore. The concurrent resolution shall be debatable

[[Page H8668]]

for 10 minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and Infrastructure 
or their respective designees.
  The gentleman from New Jersey (Mr. Payne) and the gentleman from 
Missouri (Mr. Graves) each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H. Con. Res. 119.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am honored to offer this enrollment corrections bill 
with my friend and colleague, Peter DeFazio, who is ironically and 
responsibly taking a sick day. He is at the tail end of COVID, and we 
all appreciate his ability to stay home when he is sick.
  This bill will allow the same for railroad workers. It will correct 
what the freight railroads have refused to do during 3 years of 
contract negotiations with their workers--during a worldwide pandemic, 
no less--despite the railroads earning tens of billions of dollars 
every year.
  Railroad workers showed up every day during the rise and height and 
now the steadying of the COVID-19 pandemic. They risked their health 
and the health of their families to keep our Nation's freight moving.
  Railroaders cannot work remotely. Some are on call regularly, and 
others work outdoors year-round. Unlike 75 percent of private industry 
workers, the more than 10,000 railroad workers do not have paid sick 
days.
  I should note that management at these very railroads have paid sick 
days. This bill will correct this wrong by ensuring that freight rail 
workers have 7 days of paid sick leave, along with a 60-day process to 
enforce the measure.
  Lest anyone think that the railroads cannot afford to provide the 
more than 100,000 employees paid sick leave, consider that the 
railroads are able to provide their workers with this benefit for less 
than a penny for every dollar they reported in profit and shareholder 
returns last year--less than a penny.

                              {time}  1130

  Many of you know that I have type 2 diabetes. I attend regular 
dialysis treatments. I would not be able to do my job without paid sick 
time. Every American worker deserves that same allowance.
  Without paid sick time, railroad workers are forced to make a choice 
between their health or the health of their families and their 
paychecks. This isn't fair. It isn't right. And this bill would correct 
that.
  Mr. Speaker, I urge all Members to support this bill, and I reserve 
the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong opposition to H. Con. Res. 119.
  Less than 72 hours ago, Speaker Pelosi issued a statement in support 
of passing the tentative agreement reached between the Biden 
administration, the railway carriers, and the unions representing the 
railroad workers: All the parties.
  Her statement specifically said, ``the House will take up a bill 
adopting the tentative agreement--with no poison pills or changes to 
negotiated terms. . . .''
  Well, now, due to the failure by the White House to resolve this 
labor strike and the inability of the President and the administration 
to show leadership at a time of crisis, we have two resolutions before 
the House today.
  One, H.J. Res. 100 is the tentative agreement, which I support. And 
this one, H. Con. Res. 119, that violates both the Speaker's pledge and 
the President's call for Congress to pass a resolution to compel the 
parties to implement the terms of the tentative agreement.
  Again, the Biden administration reached this tentative agreement with 
the rail carriers and a strong majority, 8 out of 12, of the railroad 
labor unions. The White House called the tentative agreement, ``a win 
for rail workers.''
  Labor Secretary Walsh and other union leaders praised it. In fact, 
they took credit for it. But less than 24 hours ago, H. Con. Res. 119 
came to us altering that agreement, despite bipartisan momentum for 
averting an economically disastrous shutdown for our rail network.
  Let's just call this new resolution what it is. It is nothing more 
than a political stunt. It is pandering, Mr. Speaker.
  Who needs the National Mediation Board anymore, or reviews by a 
neutral Presidential Emergency Board when one side--or both sides, for 
that matter--believe they can simply skip actual bargaining and 
accomplish what they otherwise can't from Congress.
  Today, my colleagues are truly acting recklessly and are setting a 
very terrible precedent. Our priority should be protecting our economy 
from the consequences of a nationwide rail strike.
  A rail shutdown would severely disrupt supply chains. It would add to 
an already 40-year-high inflation rate, lead to higher energy costs as 
winter weather raises demand, and disrupt global food supplies.
  As has been stated today, estimates are that America's economic 
output would decline by $2 billion a day. Avoiding these outcomes 
should be our top priority. Governing should be our top priority, not 
pandering and not playing political games with the economy.
  Instead, my colleagues decide to pull a bait and switch. That is what 
this is. This resolution simply compounds the failures of the Biden 
administration to come to a resolution.
  Mr. Speaker, I strenuously oppose this cynical ploy by Speaker 
Pelosi, and I encourage my colleagues to vote ``no'' on this concurrent 
resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I would once again state that H.J. Res. 100 
passed. We will be taking up the yeas and nays, but it will pass. And 
to my colleagues on the other side of the aisle, I am glad they were 
able to do the right thing. There was no poison pill.
  We have a separate resolution of H. Con. Res. 119, so it was not 
included in H.J. Res. 100, which would have been considered by them a 
poison pill. But we have a separate resolution, just to clarify, so now 
it is whether they will step up and do the right thing for people that 
kept this Nation going during a time when a lot of us stayed home sick.
  Mr. Speaker, it is just the right thing to do. It is a matter of 
whether they are going to be courageous or not. This is not pandering. 
This is seeing a situation and addressing it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, may I inquire as to how much 
time is remaining.
  The SPEAKER pro tempore. The gentleman from Missouri has 1\1/2\ 
minutes remaining. The gentleman from New Jersey has 30 seconds 
remaining.
  Mr. GRAVES of Missouri. Mr. Speaker, I am prepared to close, and I 
yield myself the balance of my time.

  Mr. Speaker, freight rail workers received historic pay increases and 
benefits as part of the tentative agreement, and that agreement was 
supported by the freight railroads, 8 of the 12 labor unions, and many 
of the shippers.
  The tentative agreement was championed by President Biden and his 
administration. Speaker Pelosi promised just 2 days ago to support the 
tentative agreement with no poison pills. This last-second desperate 
move to add paid sick leave is unprecedented congressional intervention 
and goes far beyond what the freight railroads and the unions 
originally agreed to.
  There has been a lot of discussion about the needs of workers. And I 
would point out that the railroad workers already get an average of 3 
weeks of paid leave, with the potential to receive 5 weeks depending on 
their years of service. Most Americans do not get these generous leave 
policies.
  President Biden's neutral Presidential Emergency Board considered and 
rejected extra paid sick leave, and instead, they supported historic 
salary increases to reward rail workers.

[[Page H8669]]

  This is blatant political pandering. It must be rejected, and we 
should instead focus on solutions that end the threat of a rail strike 
and restore confidence in our supply chain. This is just a gimmick, Mr. 
Speaker. It is a concurrent resolution. It is just a gimmick.
  Mr. Speaker, I would urge my colleagues to oppose H. Con. Res. 119, 
and I yield back the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, paid sick days are a right. A right that for too long 
freight railroads have refused to provide to railroad workers. That is 
the issue. This benefit will cost less than 1 percent of the profits 
railroads have reported last year. Our bill will guarantee that freight 
rail workers have 7 days of paid sick leave, and I am pleased that we 
have seen bipartisan support for this idea in the Senate.
  Mr. Speaker, I urge all Members to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1499, the previous question is ordered 
on the concurrent resolution.
  The question is on adoption of the concurrent resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GRAVES of Missouri. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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