Union Calendar No. 146

103D CONGRESS

1ST SESSION H. R. 1919

[Report No. 103–258]

A BILL

To establish a program to facilitate development of

States, and for other purposes.high-speed rail transportation in the United

SEPTEMBER 28, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 146

103D CONGRESS

1ST SESSION H. R. 1919

[Report No. 103–258]

To establish a program to facilitate development of high-speed rail

transportation in the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1993

Mr. DINGELL (for himself, Mr. SWIFT, Ms. SCHENK, Mr. MOORHEAD, Mr.

UPTON, Mrs. COLLINS of Illinois, Mr. WYDEN, Mr. ROWLAND, Mr. MANTON, Mr. CARR, Mr. DURBIN, Mr. FOGLIETTA, Mrs. UNSOELD, and Ms.

CANTWELL) introduced the following bill; which was referred to the Committee on Energy and Commerce

SEPTEMBER 28, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 29, 1993]

A BILL

To establish a program to facilitate development of highspeed rail transportation in the United States, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘High-Speed Rail Devel3 opment Act of 1993’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) high-speed rail may offer a safe and efficient

7 alternative to aviation and motor vehicle travel for

8 intercity transportation in certain corridors linking

9 major metropolitan areas in the United States;

10 (2) high-speed rail may have environmental ad11 vantages over certain other forms of intercity trans12 portation;

13 (3) Amtrak’s Metroliner service between Wash14 ington, District of Columbia, and New York, New

15 York, the United States premier high-speed rail serv16 ice, has shown that Americans will use high-speed

17 rail when that transportation option is available;

18 (4) high-speed rail may help relieve congestion

19 experienced in densely travelled corridors;

20 (5) high-speed rail should be developed in those

21 intercity corridors where such service is appropriate;

22 (6) new high-speed rail service should not receive

23 Federal subsidies for operating and maintenance ex24 penses;
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1 (7) State and local governments should take the

2 prime responsibility for the implementation of high3 speed rail service;

4 (8) the private sector should participate in fund5 ing the development of high-speed rail systems;

6 (9) in some intercity corridors, Federal financial

7 capital assistance is required to supplement the fi8 nancial commitments of State and local governments

9 and the private sector to ensure the development of the

10 infrastructure required for high-speed rail systems;

11 (10) new technologies can facilitate the develop12 ment of high-speed rail in the United States;

13 (11) the development of these technologies can ex14 pand the competitiveness of United States industry in

15 this country and overseas; and

16 (12) Federal assistance is required for research

17 and development of high-speed rail technologies for

18 commercial application in high-speed rail service in

19 the United States.
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1 TITLE I—HIGH-SPEED RAIL

2 DEVELOPMENT

3 SEC. 101. NATIONAL HIGH-SPEED RAIL ASSISTANCE PRO4 GRAM.

5 (a) AMENDMENT.—The Railroad Revitalization and

6 Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) is

7 amended by adding at the end the following new title:

8 ‘‘TITLE X—HIGH-SPEED RAIL

9 ASSISTANCE

10 ‘‘SEC. 1001. DESIGNATION OF CORRIDORS.

11 ‘‘(a) PETITION.—The Governor or Governors of a State

12 or States that substantially encompass a proposed corridor

13 may petition the Secretary for designation under this sec14 tion.

15 ‘‘(b) CONTENTS.—Any petition submitted pursuant to

16 subsection (a) shall include such information as the Sec17 retary determines by regulation to be necessary to evaluate

18 the merits of that corridor. Any such petition shall also des19 ignate a public agency, for each petitioning State, that is

20 authorized by the State to be responsible for coordination

21 of activities under the proposed high-speed rail program,

22 and authorized to receive financial assistance under sec23 tions 1002 or 1003.

24 ‘‘(c) CRITERIA FOR DESIGNATION.—The Secretary is

25 authorized to designate as a designated corridor any cor-
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1 ridor where the Secretary determines that high-speed rail

2 offers the potential for cost-effective intercity passenger

3 transportation as part of the Nation’s transportation sys4 tem. Such designation shall be based on such criteria as

5 the Secretary considers appropriate, including—

6 ‘‘(1) the integration of the designated corridor

7 into Statewide and metropolitan area transportation

8 planning undertaken pursuant to sections 134 and

9 135 of title 23, United States Code;

10 ‘‘(2) the interconnection of the proposed high11 speed rail service with other parts of the Nation’s

12 transportation system, including the relationship of

13 the proposed service to intermodal terminals;

14 ‘‘(3) the effect of the proposed high-speed rail

15 service on the congestion of other modes of transpor16 tation;

17 ‘‘(4) the effect of the proposed service on State

18 and local governments’ efforts to attain compliance

19 with the Clean Air Act;

20 ‘‘(5) the past and proposed financial commit21 ments and other support of State and local govern22 ments and the private sector to the proposed high23 speed rail program, including the acquisition of roll24 ing stock;

25 ‘‘(6) the estimated level of ridership;
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1 ‘‘(7) the estimated capital cost of the proposal;

2 ‘‘(8) the expected ability of the projected revenues

3 of the proposed service, along with any financial com4 mitments of State or local governments and the pri5 vate sector, to cover capital costs and operating and

6 maintenance expenses;

7 ‘‘(9) the support and cooperation of any owners

8 and operators of existing rail facilities proposed for

9 improvement in developing the high-speed rail service;

10 and

11 ‘‘(10) the effect of the proposed high-speed rail

12 service on other transportation services in operation

13 or under development.

14 ‘‘(d) ADDITIONAL DESIGNATIONS.—(1) The Secretary

15 shall, upon the written request of the Governor or Governors

16 of the State or States that substantially encompass the pro17 posed corridor, designate as a designated corridor—

18 ‘‘(A) any intercity rail corridor designated as a

19 high-speed rail corridor by the Secretary under sec20 tion 104(d)(2) of title 23, United States Code; or

21 ‘‘(B) any discrete portion of such a corridor.

22 ‘‘(2) The Secretary shall, upon the written request of

23 the Governor or Governors of the State or States that sub24 stantially encompass the proposed corridor, designate as a

25 designated corridor any intercity rail corridor, other than
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1 the main line of the Northeast Corridor between Washing2 ton, District of Columbia, and Boston, Massachusetts, that

3 includes a substantial segment where regularly scheduled

4 rail passenger service operates at speeds in excess of 100

5 miles per hour as of the date of enactment of the High6 Speed Rail Development Act of 1993.

7 ‘‘(3) Any request under this subsection shall include

8 the designation of a public agency, for each requesting

9 State, that is authorized by the State to be responsible for

10 coordination of activities under the proposed high-speed rail

11 program, and authorized to receive financial assistance

12 under sections 1002 or 1003.

13 ‘‘(e) ADMINISTRATIVE EXPENSES.—The Secretary

14 may provide financial assistance to a public agency des15 ignated under subsection (b) for up to 80 percent of the

16 administrative expenses incurred by such agency, and de17 termined eligible by the Secretary, in carrying out its re18 sponsibilities in connection with the development of a des19 ignated corridor. The Secretary shall establish a formula

20 for the allocation of assistance under this subsection.

21 ‘‘SEC. 1002. CORRIDOR MASTER PLANS.

22 ‘‘(a) REQUIREMENT.—An applicant shall prepare and

23 submit to the Secretary, and may periodically amend, a

24 corridor master plan for a corridor, subject to the approval

25 of the Secretary.
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1 ‘‘(b) CONTENTS.—A corridor master plan prepared

2 under subsection (a) shall identify a coordinated program

3 of improvements to advance the establishment of high-speed

4 rail service in the corridor, including those improvements

5 not eligible for financial assistance under this title. Such

6 plan shall include—

7 ‘‘(1) identification of how the proposed high8 speed rail service relates to State and metropolitan

9 area transportation plans of the affected States and

10 metropolitan areas;

11 ‘‘(2) identification of the specific elements that

12 comprise the program to achieve the high-speed rail

13 service, including their estimated costs, schedules,

14 timing, and relationship with other transportation

15 projects;

16 ‘‘(3) identification of the transportation benefits

17 expected to be derived from each element, including

18 reductions in trip times and increases in speeds;

19 ‘‘(4) identification of specific improvements that

20 comprise each element, a representation of the extent

21 to which such improvements are eligible for financial

22 assistance under this title, and an identification of all

23 proposed sources of funding for such specific improve24 ments;
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1 ‘‘(5) identification of anticipated levels of rider2 ship and projections of revenues and expenses associ3 ated with the proposed high-speed rail service when

4 completed and for each element undertaken to achieve

5 high-speed service, including estimates of any operat6 ing subsidies that would be required and the sources

7 of such subsidies;

8 ‘‘(6) an operating plan identifying the proposed

9 schedule and frequency of the high-speed rail service

10 and the coordination of such service with any other

11 rail operations on the corridor; and

12 ‘‘(7) such other information as may be required

13 by the Secretary.

14 ‘‘(c) PLAN PREPARATION ASSISTANCE.—The Sec15 retary, by regulation and to the extent the Secretary consid16 ers reasonable, may provide financial assistance to an ap17 plicant preparing a corridor master plan for up to 50 per18 cent of the costs associated with preparation of such plan

19 incurred after the date of enactment of the High-Speed Rail

20 Development Act of 1993, including the costs of design, en21 vironmental and route selection analysis, and preliminary

22 engineering necessary to support such analyses. The Sec23 retary shall not provide financial assistance under this sub24 section in an amount that exceeds the amount provided by

25 State and local governments for such preparation costs.
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1 ‘‘SEC. 1003. FINANCIAL ASSISTANCE FOR DESIGNATED COR2 RIDORS.

3 ‘‘(a) AUTHORITY.—The Secretary may provide finan4 cial assistance to an applicant to fund improvements eligi5 ble under subsection (c) of this section. No financial assist6 ance shall be provided under this section—

7 ‘‘(1) for improvements to the main line of the

8 Northeast Corridor, between Washington, District of

9 Columbia, and Boston, Massachusetts; or

10 ‘‘(2) for improvements relating to a designated

11 corridor in a State where the State prohibits the ex12 penditure of State funds for such improvements.

13 ‘‘(b) TERMS, CONDITIONS, AND PROCEDURES.—The

14 Secretary shall establish appropriate terms, conditions, and

15 procedures for the provision of financial assistance under

16 this section.

17 ‘‘(c) ELIGIBLE IMPROVEMENTS.—Improvements eligi18 ble for financial assistance under subsection (a) shall be

19 those improvements, other than the acquisition of rolling

20 stock, that are necessary to facilitate the development of

21 high-speed rail service, including—

22 ‘‘(1) final engineering and design;

23 ‘‘(2) site specific environmental analyses and en24 vironmental mitigation;

25 ‘‘(3) acquisition of right-of-way and related

26 property; and
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1 ‘‘(4) acquisition, construction, rehabilitation, up2 grading, or replacement of roadbed, structures, track,

3 signal and communications systems, electric traction

4 systems, maintenance-of-way facilities, maintenance5 of-equipment facilities, private highway-rail grade

6 crossings (including payments to property owners to

7 close such crossings where appropriate), and those

8 portions of terminals and stations directly related to

9 the operation of the high-speed rail service.

10 Improvements that are eligible for funding under other Fed11 eral transportation programs shall not be eligible for finan12 cial assistance under subsection (a).

13 ‘‘(d) MINIMUM FUNDING.—Financial assistance may

14 not be provided under subsection (a) unless such assistance

15 enables the completion of at least one full element of a pro16 gram to achieve high-speed rail service.

17 ‘‘(e) PRIVATE FUNDING.—In providing financial as18 sistance under subsection (a), the Secretary shall ensure

19 that the element or elements for which such assistance is

20 provided include the maximum practicable private funding.

21 ‘‘(f) FUNDING PROPORTIONS.—(1) In providing finan22 cial assistance under subsection (a), the Secretary may pro23 vide financial assistance for up to 80 percent of the cost

24 of specific eligible improvements. No less than 20 percent
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1 of the costs of such improvements shall be provided by State

2 or local funds.

3 ‘‘(2) Notwithstanding paragraph (1), the Secretary

4 shall not provide financial assistance under subsection (a)

5 relating to a designated corridor in an amount which, in

6 combination with any amounts previously provided under

7 subsection (a) with respect to such designated corridor, ex8 ceeds the aggregate amount provided, after April 29, 1993,

9 for the development of the designated corridor by State and

10 local governments, and other Federal transportation pro11 grams.

12 ‘‘(g) CRITERIA.—In determining whether to provide fi13 nancial assistance to fund an element under subsection (a),

14 the Secretary shall consider how the element meets the cri15 teria identified in section 1001(c), the information con16 tained in the relevant corridor master plan, commitments

17 by State and local governments to fund any increases in

18 the operating deficit of the National Railroad Passenger

19 Corporation with respect to that Corporation’s operation

20 over the designated corridor that result from the completion

21 of the element, and such other information as the Secretary

22 considers appropriate.

23 ‘‘(h) EARLY ASSISTANCE.—The Secretary may provide

24 financial assistance under subsection (a) for an element not

25 contained in a corridor master plan prepared under section
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1 1002 only if such financial assistance is provided, with re2 spect to a designated corridor, before the expiration of 30

3 months after the date of enactment of the High-Speed Rail

4 Development Act of 1993.

5 ‘‘SEC. 1004. HIGH-SPEED RAIL TECHNOLOGY DEVELOP6 MENT.

7 ‘‘(a) AUTHORITY.—The Secretary is authorized to un8 dertake research and development of high-speed rail tech9 nologies for commercial application in high-speed rail serv10 ice in the United States.

11 ‘‘(b) ELIGIBLE RECIPIENTS.—In carrying out activi12 ties authorized by subsection (a), the Secretary may provide

13 financial assistance to any United States private business,

14 educational institution located in the United States, State

15 or local government or public authority, or agency of the

16 Federal Government.

17 ‘‘SEC. 1005. BUY AMERICA REQUIREMENTS.

18 ‘‘(a) GENERAL RULE.—Except as provided in sub19 section (b), an applicant receiving financial assistance

20 under section 1003 shall ensure that the articles, materials,

21 and supplies purchased with such financial assistance are

22 substantially all of United States manufacture or produc23 tion. An applicant that fails to meet the requirement of this

24 section may not receive further assistance under section

25 1003.
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1 ‘‘(b) EXEMPTION.—The Secretary may grant an ex2 emption from this section to an applicant with respect to

3 the purchase of articles, materials, or supplies, or may

4 grant an exemption for any improvement incorporating

5 such articles, materials, or supplies, if the Secretary deter6 mines that—

7 ‘‘(1) the application of this section is inconsist8 ent with the public interest;

9 ‘‘(2) the cost of imposing such requirements with

10 respect to such articles, materials, or supplies is un11 reasonable;

12 ‘‘(3) such articles, materials, or supplies are not

13 produced or manufactured in the United States in

14 sufficient and reasonably available quantities or of a

15 satisfactory quality;

16 ‘‘(4) such articles, materials, or supplies cannot

17 be purchased and delivered in the United States with18 in a reasonable time; or

19 ‘‘(5) such articles, materials, or supplies are pro20 duced or manufactured in a country that the Presi21 dent has determined, in its government procurement

22 contracts, extends national treatment to articles, ma23 terials, or supplies produced or manufactured in the

24 United States.
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1 ‘‘(c) EXCEPTION.—This section shall not apply with

2 respect to an element in any case in which the total cost

3 of the articles, materials, or supplies purchased in connec4 tion with such element with financial assistance provided

5 under section 1003 is less than $1,000,000.

6 ‘‘SEC. 1006. EMPLOYEE PROTECTION.

7 ‘‘(a) ESTABLISHMENT OF PROTECTIVE CONDITIONS.—

8 The Secretary shall, within 60 days after the date of enact9 ment of this title, and after consulting with representatives

10 of rail unions, railroads, and States, issue and publish in

11 the Federal Register a list of conditions to be imposed to

12 protect the interests of railroad employees who may be ad13 versely affected as a result of financial assistance provided

14 under section 1003. Such protective conditions shall in15 clude—

16 ‘‘(1) a benefit schedule for such employees;

17 ‘‘(2) contracting and subcontracting restrictions

18 that the Secretary determines are appropriate with

19 respect to any person that performs work that is tra20 ditionally performed by railroad employees on a des21 ignated corridor and that is funded by financial as22 sistance provided under section 1003; and

23 ‘‘(3) with respect to those tasks traditionally per24 formed by railroad employees on a designated cor25 ridor, a requirement that railroad employees who are
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1 furloughed or separated (other than for cause) shall,

2 to the maximum extent feasible, and unless found to

3 be unqualified, have the first right of hire with—

4 ‘‘(A) any person that will be operating

5 high-speed rail service on that corridor or per6 forming maintenance, dispatching, or signaling

7 work in conjunction with such service; and

8 ‘‘(B) any contractor for construction work

9 that is funded by financial assistance under sec10 tion 1003.

11 For purposes of this paragraph, a railroad shall not

12 be considered to be hiring new employees when it re13 calls any of its own furloughed employees.

14 ‘‘(b) DEPRIVED OF EMPLOYMENT.—A railroad em15 ployee shall be considered deprived of employment if the em16 ployee—

17 ‘‘(1) was working on a designated corridor prior

18 to the provision of financial assistance under section

19 1003 and is—

20 ‘‘(A) furloughed or separated as a result of

21 such financial assistance; and

22 ‘‘(B) unable to obtain a position with rea23 sonably comparable duties to that which the em24 ployee has performed in the preceding 12
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1 months, and for which the employee is qualified,

2 with—

3 ‘‘(i) any person that will be operating

4 high-speed rail service on that corridor or

5 performing maintenance, dispatching, or

6 signaling work in conjunction with such

7 service;

8 ‘‘(ii) any railroad through the normal

9 exercise of seniority rights; or

10 ‘‘(iii) in the case of a subordinate offi11 cial, in addition to clauses (i) and (ii), any

12 railroad operating in the corridor; or

13 ‘‘(2)(A) is furloughed or separated as a result of

14 an employee described in paragraph (1)(A) exercising

15 normal seniority rights to obtain or retain railroad

16 employment; and

17 ‘‘(B) is unable to obtain a position with any

18 railroad through the normal exercise of seniority

19 rights.

20 ‘‘(c) BENEFIT SCHEDULE.—(1) The benefit schedule

21 under this section shall provide for the payment to employ22 ees deprived of employment of—

23 ‘‘(A) subsistence allowances;

24 ‘‘(B) moving expenses for employees who must

25 make a change in residence;
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1 ‘‘(C) separation allowances described in para2 graph (2)(C);

3 ‘‘(D) health and welfare insurance premiums;

4 and

5 ‘‘(E) any other payment the Secretary considers

6 appropriate.

7 ‘‘(2) The benefit schedule under this section shall limit

8 the payments under paragraph (1) to—

9 ‘‘(A) a maximum period of 18 months for any

10 employee, whether consecutive or intermittent, or for

11 a period equal to the employee’s length of service, if

12 less than 18 months;

13 ‘‘(B) except as provided in subparagraph (C), a

14 maximum amount of 18 months’ pay, or monthly pay

15 for a period equal to the employee’s length of service,

16 if less than 18 months, reduced by—

17 ‘‘(i) compensation earned from employment

18 during the period referred to in subparagraph

19 (A); and

20 ‘‘(ii) any benefits received under any unem21 ployment insurance law during the period re22 ferred to in subparagraph (A); and

23 ‘‘(C) a lump sum separation allowance, com24 puted as follows, in the event the employee chooses to

25 resign and accept such lump sum settlement in lieu
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1 of all other benefits and protection provided under

2 this section:

‘‘Years of Service Separation Allowance

Less than 1 ....................................... 5 days’ pay for each month worked

At least 1 and less than 2 ................ 3 months’ pay

At least 2 and less than 3 ................ 6 months’ pay

At least 3 and less than 5 ................ 9 months’ pay

5 and over ......................................... 12 months’ pay

3 ‘‘(3) One month’s pay for purposes of—

4 ‘‘(A) paragraph (2)(B), shall be the equivalent of

5 1/12th of the total compensation received by the em6 ployee in the last 12 months of employment in which

7 the employee earned compensation prior to the date

8 on which the employee was deprived of employment,

9 with the monthly amount adjusted to reflect subse10 quent general wage adjustments, including cost of liv11 ing adjustments where provided for; and

12 ‘‘(B) paragraph (2)(C) shall be computed by

13 multiplying by 30 the appropriate daily rate of the

14 position last occupied.

15 ‘‘(d) SPECIAL MOVING EXPENSES RULE.—A railroad

16 employee who would be considered to be deprived of employ17 ment but for paragraph (1)(B) or (2)(B) of subsection (b),

18 and who must make a change of residence in order to obtain

19 or retain active employment shall be eligible to receive mov20 ing expenses under the benefit schedule under this section,

21 to the extent that such expenses are not payable to or for
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1 the employee under applicable collective bargaining agree2 ments or their employer’s corporate policy.

3 ‘‘(e) ELECTION.—(1) Any employee who receives any

4 payment under the benefit schedule under this section shall

5 be deemed to waive any employee protection benefits other6 wise available to such employee under—

7 ‘‘(A) any other provision of law;

8 ‘‘(B) any applicable contract or agreement; or

9 ‘‘(C) any decision or order of the Interstate Com10 merce Commission.

11 ‘‘(2) Any employee electing and claiming benefits

12 under the benefit schedule under this section shall be re13 quired to execute a form of release acknowledging and con14 senting to the waiver described in paragraph (1). Nothing

15 in this section shall be deemed to determine or otherwise

16 affect the priority, status, or timing of payment of, or the

17 liability for any claim for, employee protection which might

18 have existed in the absence of this section for any employee

19 who elects not to receive benefits under the benefit schedule.

20 ‘‘(f) IMPLEMENTING PLAN.—(1) Applicants for finan21 cial assistance under section 1003 shall submit to the Sec22 retary, with a copy to affected railroads and the authorized

23 representatives of the employees on the designated corridors

24 of such railroads, a proposed implementing plan to imple25 ment the employee protective conditions established under
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1 this section. The plan shall include a procedure to identify

2 reductions in the work force related to the financial assist3 ance, and an arbitration process for resolving disputed

4 labor protection claims, including the burden of proof of

5 the claimant and the party disputing the claim.

6 ‘‘(2) The Secretary shall consult with the affected rail7 roads and the authorized representatives of the employees

8 on the designated corridors of such railroads prior to ap9 proving any proposed implementing plan under paragraph

10 (1). The Secretary may not approve the plan unless the

11 plan ensures that the employee protective conditions estab12 lished under this section will be fully implemented on the

13 designated corridor.

14 ‘‘(3) In providing financial assistance under section

15 1003, the Secretary shall include as a condition of such as16 sistance a requirement that the plan approved under this

17 section be implemented.

18 ‘‘(4) Not less than annually, the Secretary shall pub19 lish in the Federal Register a list of implementing plans

20 that have been approved under this section.

21 ‘‘(g) DEFINITION.—As used in this section, the term

22 ‘a change in residence’ means change of place of residence

23 occasioned by a change in work location to a place that

24 is more than 30 normal highway route miles from the em-
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1 ployee’s residence and also farther from the residence than

2 was the employee’s former work location.

3 ‘‘SEC. 1007. DEFINITIONS.

4 ‘‘For purposes of this title—

5 ‘‘(1) the term ‘applicant’ means a public agency

6 designated under section 1001(b) or (d)(3), or a group

7 of such public agencies, seeking financial assistance

8 under this title for development of a designated cor9 ridor;

10 ‘‘(2) the term ‘corridor’ means an existing or

11 proposed route for high-speed rail serving two or more

12 major metropolitan areas in the United States;

13 ‘‘(3) the term ‘designated corridor’ means a cor14 ridor designated by the Secretary under section 1001;

15 ‘‘(4) the term ‘element’ means a discrete portion

16 of a program to develop a designated corridor that

17 has a demonstrable intercity ground transportation

18 benefit independent of other improvements to such

19 corridor;

20 ‘‘(5) the term ‘financial assistance’ includes

21 grants, contracts, and cooperative agreements;

22 ‘‘(6) the term ‘high-speed rail’ has the meaning

23 given such term under section 511(n) of this Act;
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1 ‘‘(7) the term ‘improvement’ means a discrete ac2 tivity that contributes to the development of the infra3 structure of a designated corridor;

4 ‘‘(8) the term ‘railroad employee’ means a

5 nonmanagement railroad employee, including a sub6 ordinate railroad official, who is entitled to union

7 representation;

8 ‘‘(9) the term ‘rolling stock’ means locomotives

9 and rail passenger cars;

10 ‘‘(10) the term ‘State’ means each of the several

11 States, the District of Columbia, the Commonwealth

12 of Puerto Rico, the Virgin Islands, Guam, American

13 Samoa, the Commonwealth of the Northern Mariana

14 Islands, and any other territory or possession of the

15 United States;

16 ‘‘(11) the term ‘State or local funds’ does not in17 clude funds provided by private sector entities specifi18 cally for the purpose of developing a designated cor19 ridor; and

20 ‘‘(12) the term ‘United States private business’

21 means a business entity organized under the laws of

22 the United States, or of a State, and conducting sub23 stantial business operations in the United States.’’.

24 (b) TABLE OF CONTENTS AMENDMENT.—The table of

25 contents of the Railroad Revitalization and Regulatory Re-
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1 form Act of 1976 is amended by adding at the end the fol2 lowing:

‘‘TITLE X—HIGH-SPEED RAIL ASSISTANCE

‘‘Sec. 1001. Designation of corridors.

‘‘Sec. 1002. Corridor master plans.

‘‘Sec. 1003. Financial assistance for designated corridors.

‘‘Sec. 1004. High-speed rail technology development.

‘‘Sec. 1005. Buy America requirements.

‘‘Sec. 1006. Employee protection.

‘‘Sec. 1007. Definitions.

‘‘Sec. 1008. Labor standards.’’.

3 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

4 (a) HIGH-SPEED RAIL ASSISTANCE.—There are au5 thorized to be appropriated to the Secretary of Transpor6 tation for the National High-Speed Rail Assistance Pro7 gram authorized under sections 1001, 1002, 1003, and 1006

8 of the Railroad Revitalization and Regulatory Reform Act

9 of 1976—

10 (1) $125,000,000 for fiscal year 1994;

11 (2) $215,000,000 for fiscal year 1995;

12 (3) $240,000,000 for fiscal year 1996;

13 (4) $290,000,000 for fiscal year 1997; and

14 (5) $340,000,000 for fiscal year 1998.

15 (b) TECHNOLOGY DEVELOPMENT.—There are author16 ized to be appropriated to the Secretary of Transportation

17 for high-speed rail technology development authorized under

18 section 1004 of the Railroad Revitalization and Regulatory

19 Reform Act of 1976—

20 (1) $15,000,000 for fiscal year 1994;

21 (2) $15,000,000 for fiscal year 1995;
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1 (3) $15,000,000 for fiscal year 1996;

2 (4) $15,000,000 for fiscal year 1997; and

3 (5) $15,000,000 for fiscal year 1998.

4 (c) ADMINISTRATIVE EXPENSES OF SECRETARY.—Of

5 the amounts authorized to be appropriated under sub6 sections (a) and (b), the Secretary of Transportation may

7 reserve the funds necessary for payment of the administra8 tive expenses incurred by the Secretary in carrying out the

9 Secretary’s responsibilities under title X of the Railroad Re10 vitalization and Regulatory Reform Act of 1976.

11 (d) ADMINISTRATIVE EXPENSES OF PUBLIC AGEN12 CIES.—Of the amounts authorized to be appropriated under

13 subsection (a) of this section, the Secretary of Transpor14 tation may reserve up to 1 percent for the purpose of pro15 viding financial assistance under section 1001(e).

16 (e) FUNDS TO REMAIN AVAILABLE.—Funds made

17 available under this section shall remain available until ex18 pended.

19 (f) NORTHEAST CORRIDOR.—Section 601(a)(1)(B) of

20 the Rail Passenger Service Act (45 U.S.C. 601(a)(1)(B)) is

21 amended to read as follows:

22 ‘‘(B) $205,000,000 for fiscal year 1994, and

23 $210,000,000 for fiscal year 1995.’’.
26

•HR 1919 RH

1 TITLE II—LABOR PROTECTION

2 SEC. 201. LABOR PROTECTION.

3 Title X of the Railroad Revitalization and Regulatory

4 Reform Act of 1976, as added by title I of this Act, is further

5 amended by adding at the end the following new section:

6 ‘‘SEC. 1008. LABOR STANDARDS.

7 ‘‘The Secretary shall take such action as may be nec8 essary to ensure that all laborers and mechanics employed

9 by contractors or subcontractors in the performance of con10 struction work undertaken with financial assistance pro11 vided under this title shall be paid wages at rates not less

12 than those prevailing on similar construction in the locality

13 as determined by the Secretary of Labor in accordance with

14 the Davis-Bacon Act (40 U.S.C. 276a et seq.). The Secretary

15 shall not approve any such financial assistance without

16 first obtaining adequate assurance that required labor

17 standards will be maintained on the construction work.

18 Wages rates provided for in collective bargaining agree19 ments negotiated under and pursuant to the Railway Labor

20 Act shall be considered in compliance with the Davis-Bacon

21 Act.’’.

HR 1919 RH——2

HR 1919 RH——3