[House Report 105-334]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-334
_______________________________________________________________________


 
  PROVIDING FOR THE CONSIDERATION OF H.R. 2247, THE AMTRAK REFORM AND 
                       PRIVATIZATION ACT OF 1997

                                _______
                                

  October 21, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Ms. Pryce, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 270]

    The Committee on Rules, having had under consideration 
House Resolution 270, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2247, 
the ``Amtrak Reform and Privatization Act of 1997'' under a 
modified closed rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Committee on Transportation and 
Infrastructure.
    The rule makes in order the Committee on Transportation and 
Infrastructure amendment in the nature of a substitute now 
printed in the bill, which shall be considered as read. The 
rule also provides for the consideration of the amendment 
printed in this report and an amendment to be offered by 
Representative Oberstar (MN).
    The rule provides that the amendments printed in this 
report may be offered only in the order printed in the report, 
may be offered only by a Member designated in the report, shall 
be considered as 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 in the House or in the 
Committee of the Whole.
    The rule further provides that the amendment to be offered 
by Representative Oberstar (MN) may be offered only after the 
disposition of the amendments printed in this report, shall be 
considered as read, shall be debated for 30 minutes equally 
divided and controlled by the proponent and an opponent, and 
shall not be subject to amendment.
    The rule allows for the Chairman of the Committee of the 
Whole to postpone votes during consideration of the bill, and 
to reduce votes to five minutes on a postponed question if the 
vote follows a fifteen minute vote. Finally, the rule provides 
for one motion to recommit, with or without instructions.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 69

    Date: October 21, 1997.
    Measure: H.R. 2247, the Amtrak Reform and Privatization Act 
of 1997.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order the Wise amendment that 
would strike title IV, which contains the caps on non-economic 
and punitive damages and the provisions allowing Amtrak to 
indemnify other railroads.
    Results: Defeated 2-8.
    Vote by Member: Dreier--Nay; Goss--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay; 
Moakley--Yea; Frost--Yea; Solomon--Nay.

                    rules committee rollcall no. 70

    Date: October 21, 1997.
    Measure: H.R. 2247, the Amtrak Reform and Privatization Act 
of 1997.
    Motion By: Mr. Moakely.
    Summary of Motion: Make in order the Moran (VA) amendment 
that would allow Amtrak or a regional transportation authority 
to sue other rail carriers for costs incurred as a result of 
non-emergency delays.
    Results: Defeated 2-8.
    Vote by Member: Dreier--Nay; Goss--Nay; Pryce--Nay; Diaz-
Balart--Nay; McInnis--Nay; Hastings--Nay; Myrick--Nay; 
Moakley--Yea; Frost--Yea; Solomon--Nay.

 summary of amendments made in order under the rule for h.r. 2247, the 
              amtrak reform and privatization act of 1997

    LaTourette/Traficant--20 minutes: Reinstates the 
prohibition on the issues of contracting out and labor 
protection as they exist in current law, as well as previous 
negotiated agreements between Amtrak and labor. The amendment 
provides that once the two parties reach agreement on those two 
issues, the agreement will be binding, but if no agreement is 
reached, those issues will be presented to a Presidential 
Emergency Board.
    Quinn--20 minutes: Substitute amendment to the LaTourette 
amendment. Clarifies that the labor reform provisions in H.R. 
2247 only apply to Amtrak which would hold freight and transit 
workers harmless.
    Oberstar--30 minutes: Amendment in the nature of a 
substitute.

1. An Amendment To Be Offered by Representative LaTourette of Ohio, or 
   Representative Traficant of Ohio, or a Designee, Debatable for 20 
                                Minutes

    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 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.
                              ----------                              


2. Substitute Amendment Offered by Representative Quinn of New York to 
 the Amendment Offered by Representative LaTourette of Ohio, Debatable 
                             for 20 Minutes

    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.