I
105TH CONGRESS
1ST SESSION
H. R. 1210
To provide an equitable process for strengthening the passenger rail service
network of Amtrak through the timely closure and realignment of routes
with low economic performance.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. WOLF (for himself, Mr. PACKARD, and Mr. DELAY) introduced the follow-
ing bill; which was referred to the Committee on Transportation and In-
frastructure, and in addition to the Committee on Rules, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide an equitable process for strengthening the pas-
senger rail service network of Amtrak through the timely
closure and realignment of routes with low economic
performance.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Amtrak Route Closure
and Realignment Act of 1997’’.
SEC. 2. THE COMMISSION.
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Total Realign-
ment of Amtrak Commission’’ (in this Act referred to as
the ‘‘Commission’’).
(b) APPOINTMENT.—The Commission shall be com-
posed of eleven members as follows:
(1) Three individuals appointed by the Presi-
dent, including—
(A) the Secretary of Transportation;
(B) one representative of a rail labor
union; and
(C) one representative of a rail manage-
ment.
(2) Four individuals who collectively have ex-
pertise in rail finance, economic analysis, legal is-
sues, and other relevant areas, to be appointed by
the Majority Leader of the Senate, in consultation
with the Minority Leader.
(3) Four individuals who collectively have ex-
pertise in rail finance, economic analysis, legal is-
sues, and other relevant areas, to be appointed by
the Speaker of the House of Representatives, in con-
sultation with the Minority Leader.
Appointments under this subsection shall be made within
15 days after the date of the enactment of this Act. Indi-
viduals appointed under paragraphs (2) and (3) shall not
be employees of the Department of Transportation or rep-
resentatives of a rail labor union or rail management.
(c) CHAIRMAN.—Within 10 days after the 15-day pe-
riod described in subsection (b), or the appointment of the
last member of the Commission under such subsection,
whichever occurs first, a majority of the members of the
Commission may elect a chairman from among its mem-
bership. If a chairman is not elected within such 10-day
period, the President shall select a chairman for the Com-
mission from among its membership.
(d) MEETINGS.—(1) Each meeting of the Commis-
sion shall be open to the public.
(2) All the proceedings, information, and delibera-
tions of the Commission shall be open or available, upon
request, to the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate, and to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.
(e) PAY
AND TRAVEL EXPENSES.—(1)(A) Each
member, other than the Chairman, shall be paid at a rate
equal to the daily equivalent of the minimum annual rate
of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of duties vested in the
Commission.
(B) The Chairman shall be paid for each day referred
to in subparagraph (A) at a rate equal to the daily equiva-
lent of the minimum annual rate of basic pay payable for
level III of the Executive Schedule under section 5314 of
title 5, United States Code.
(C) Notwithstanding subparagraphs (A) and (B), of-
ficers and employees of the Federal Government shall not
be paid under this paragraph for service on the Commis-
sion.
(2) Members shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(f) DIRECTOR OF STAFF.—The Commission shall ap-
point a Director, who shall be paid at the rate of basic
pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(g) STAFF.—(1) Subject to paragraph (2), the Direc-
tor, with the approval of the Commission, may appoint
and fix the pay of not more than 5 additional employees.
(2) The Director may make such appointments with-
out regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
any personnel so appointed may be paid without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the annual rate of basic
pay payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(h) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(i) INFORMATION.—The Commission may secure di-
rectly from any department or agency of the United States
information necessary to enable it to carry out this Act.
Upon request of the Chairman of the Commission, the
head of that department or agency shall furnish that infor-
mation to the Commission to the extent otherwise per-
mitted by law.
(j) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(k) ADMINISTRATIVE SUPPORT SERVICES.—The Ad-
ministrator of General Services shall provide to the Com-
mission, on a reimbursable basis, such administrative sup-
port services as the Commission may request.
(l) EXPERTS OR CONSULTANTS.—The Commission
may procure by contract, to the extent funds are available,
the temporary or intermittent services of experts or con-
sultants pursuant to section 3109 of title 5, United States
Code.
(m) TERMINATION.—The Commission shall termi-
nate 30 days after transmitting a report under section
3(e).
SEC. 3. DUTIES.
(a) ECONOMIC
PERFORMANCE
RANKINGS.—The
Commission shall examine economic data for Amtrak’s
system and develop system-wide performance rankings of
all routes based on long-term economic loss.
(b) IDENTIFICATION OF CANDIDATE ROUTES FOR
CLOSURE OR REALIGNMENT.—(1) The Commission shall
identify routes which are candidates for closure or realign-
ment, based on the performance rankings developed under
subsection (a) and on the following principles:
(A) The system which remains after closure and
realignment of routes shall not be required to be a
national, interconnected system.
(B) Federal operating subsidies for Amtrak
shall be assumed to decline over the 5-year period
beginning on the date of the enactment of a joint
resolution under section 4, possibly to the point of
zero Federal operating subsidy.
(C) The rail labor protection costs of Amtrak
shall be calculated both—
(i) at the level required under rail labor
laws as in effect when the Commission is identi-
fying routes under this subsection; and
(ii) at the level which would be required if
amendments to rail labor laws were enacted
that—
(I) limit to a maximum of 6 months
any wage continuation or severance benefit
for an employee of Amtrak whose employ-
ment is terminated as a result of a dis-
continuance of intercity rail passenger
service; and
(II) permit Amtrak to require any em-
ployee whose position is eliminated as a re-
sult of such a discontinuance to transfer to
another part of Amtrak’s system.
(2) The Commission shall specifically examine rider-
ship forecasts and other assumptions supporting contin-
ued service on the Northeast Corridor, particularly with
respect to the continuation of the electrification of the
Northeast Corridor between New Haven, Connecticut, and
Boston, Massachusetts.
(c) CONSIDERATION
OF QUALITY
OF LIFE FAC-
TORS.—(1) Each route identified under subsection (b) as
a candidate for closure or realignment shall be reviewed
to determine whether there are important social, environ-
mental, or other quality of life factors which should be
considered in determining whether to close or realign the
route. The commission shall also consider the effect on
airport congestion and the availability of alternative modes
of transportation, especially in rural areas, before rec-
ommending any closure or realignment.
(2) The Commission shall hold public hearings to ob-
tain testimony from State and local officials, and other
interested parties, with respect to factors described in
paragraph (1).
(d) 
OPTIONAL
USES
FOR
ABANDONED
RAIL
LINES.—The Commission shall also examine optional uses
for abandoned rail lines.
(e) RECOMMENDATIONS.—The Commission shall,
within 120 days after the election or selection of its chair-
man under section 2(c), transmit to the Congress and the
President a report on its activities under this Act, includ-
ing recommendations developed under this section for the
closure and realignment of routes in Amtrak’s passenger
rail system.
SEC. 4. CONGRESSIONAL CONSIDERATION OF COMMISSION
RECOMMENDATIONS.
(a) TERMS OF THE RESOLUTION.—For purposes of
this section, the term ‘‘joint resolution’’ means only a joint
resolution which is introduced within the 10-day period
beginning on the date on which the Commission transmits
its recommendations to the Congress under section 3(e),
and—
(1) which does not have a preamble;
(2) the matter after the resolving clause of
which is as follows: ‘‘That Congress approves the
recommendations of the Total Realignment of Am-
trak Commission as submitted on lll’’, the
blank space being filled in with the appropriate date;
and
(3) the title of which is as follows: ‘‘Joint reso-
lution approving the recommendations of the Total
Realignment of Amtrak Commission.’’.
(b) REFERRAL.—A resolution described in subsection
(a) that is introduced in the House of Representatives
shall be referred to the Committee on Transportation and
Infrastructure of the House of Representatives. A resolu-
tion described in subsection (a) introduced in the Senate
shall be referred to the Committee on Commerce, Science,
and Transportation of the Senate.
(c) DISCHARGE.—If the committee to which a resolu-
tion described in subsection (a) is referred has not re-
ported such resolution (or an identical resolution) by the
end of the 20-day period beginning on the date on which
the Commission transmits the report to the Congress
under section 3(e), such committee shall be, at the end
of such period, discharged from further consideration of
such resolution, and such resolution shall be placed on the
appropriate calendar of the House involved.
(d) CONSIDERATION.—(1) On or after the third day
after the date on which the committee to which such a
resolution is referred has reported, or has been discharged
(under subsection (c)) from further consideration of, such
a resolution, it is in order (even though a previous motion
to the same effect has been disagreed to) for any Member
of the respective House to move to proceed to the consider-
ation of the resolution. A Member may make the motion
only on the day after the calendar day on which the Mem-
ber announces to the House concerned the Member’s in-
tention to make the motion. All points of order against
the resolution (and against consideration of the resolution)
are waived. The motion is highly privileged in the House
of Representatives and is privileged in the Senate and is
not debatable. The motion is not subject to amendment,
or to a motion to postpone, or to a motion to proceed to
the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the respective
House shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other
business, and the resolution shall remain the unfinished
business of the respective House until disposed of.
(2) Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be lim-
ited to not more than 2 hours, which shall be divided
equally between those favoring and those opposing the res-
olution. An amendment to the resolution is not in order.
A motion further to limit debate is in order and not debat-
able. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit
the resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or disagreed to
is not in order.
(3) Immediately following the conclusion of the de-
bate on a resolution described in subsection (a) and a sin-
gle quorum call at the conclusion of the debate if re-
quested in accordance with the rules of the appropriate
House, the vote on final passage of the resolution shall
occur.
(4) Appeals from the decisions of the Chair relating
to the application of the rules of the Senate or the House
of Representatives, as the case may be, to the procedure
relating to a resolution described in subsection (a) shall
be decided without debate.
(e) CONSIDERATION BY OTHER HOUSE.—(1) If, be-
fore the passage by one House of a resolution of that
House described in subsection (a), that House receives
from the other House a resolution described in subsection
(a), then the following procedures shall apply:
(A) The resolution of the other House shall not
be referred to a committee and may not be consid-
ered in the House receiving it except in the case of
final passage as provided in subparagraph (B)(ii).
(B) With respect to a resolution described in
subsection (a) of the House receiving the resolu-
tion—
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(2) Upon disposition of the resolution received from
the other House, it shall no longer be in order to consider
the resolution that originated in the receiving House.
(f) RULES OF THE SENATE AND HOUSE.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not to exceed
$2,500,000 for carrying out this Act.
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