1002 only if such financial assistance is provided, with re-
spect to a designated corridor, before the expiration of 30
months after the date of enactment of the High-Speed Rail
Development Act of 1993.
‘‘SEC. 1004. HIGH-SPEED RAIL TECHNOLOGY DEVELOP-
MENT.
‘‘(a) AUTHORITY.—The Secretary is authorized to un-
dertake research and development of high-speed rail tech-
nologies for commercial application in high-speed rail serv-
ice in the United States.
‘‘(b) ELIGIBLE RECIPIENTS.—In carrying out activi-
ties authorized by subsection (a), the Secretary may provide
financial assistance to any United States private business,
educational institution located in the United States, State
or local government or public authority, or agency of the
Federal Government.
‘‘SEC. 1005. BUY AMERICA REQUIREMENTS.
‘‘(a) GENERAL RULE.—Except as provided in sub-
section (b), an applicant receiving financial assistance
under section 1003 shall ensure that the articles, materials,
and supplies purchased with such financial assistance are
substantially all of United States manufacture or produc-
tion. An applicant that fails to meet the requirement of this
section may not receive further assistance under section
1003.
‘‘(b) EXEMPTION.—The Secretary may grant an ex-
emption from this section to an applicant with respect to
the purchase of articles, materials, or supplies, or may
grant an exemption for any improvement incorporating
such articles, materials, or supplies, if the Secretary deter-
mines that—
‘‘(1) the application of this section is inconsist-
ent with the public interest;
‘‘(2) the cost of imposing such requirements with
respect to such articles, materials, or supplies is un-
reasonable;
‘‘(3) such articles, materials, or supplies are not
produced or manufactured in the United States in
sufficient and reasonably available quantities or of a
satisfactory quality;
‘‘(4) such articles, materials, or supplies cannot
be purchased and delivered in the United States with-
in a reasonable time; or
‘‘(5) such articles, materials, or supplies are pro-
duced or manufactured in a country that the Presi-
dent has determined, in its government procurement
contracts, extends national treatment to articles, ma-
terials, or supplies produced or manufactured in the
United States.
‘‘(c) EXCEPTION.—This section shall not apply with
respect to an element in any case in which the total cost
of the articles, materials, or supplies purchased in connec-
tion with such element with financial assistance provided
under section 1003 is less than $1,000,000.
‘‘SEC. 1006. EMPLOYEE PROTECTION.
‘‘(a) ESTABLISHMENT OF PROTECTIVE CONDITIONS.—
The Secretary shall, within 60 days after the date of enact-
ment of this title, and after consulting with representatives
of rail unions, railroads, and States, issue and publish in
the Federal Register a list of conditions to be imposed to
protect the interests of railroad employees who may be ad-
versely affected as a result of financial assistance provided
under section 1003. Such protective conditions shall in-
clude—
‘‘(1) a benefit schedule for such employees;
‘‘(2) contracting and subcontracting restrictions
that the Secretary determines are appropriate with
respect to any person that performs work that is tra-
ditionally performed by railroad employees on a des-
ignated corridor and that is funded by financial as-
sistance provided under section 1003; and
‘‘(3) with respect to those tasks traditionally per-
formed by railroad employees on a designated cor-
ridor, a requirement that railroad employees who are
furloughed or separated (other than for cause) shall,
to the maximum extent feasible, and unless found to
be unqualified, have the first right of hire with—
‘‘(A) any person that will be operating
high-speed rail service on that corridor or per-
forming maintenance, dispatching, or signaling
work in conjunction with such service; and
‘‘(B) any contractor for construction work
that is funded by financial assistance under sec-
tion 1003.
For purposes of this paragraph, a railroad shall not
be considered to be hiring new employees when it re-
calls any of its own furloughed employees.
‘‘(b) DEPRIVED OF EMPLOYMENT.—A railroad em-
ployee shall be considered deprived of employment if the em-
ployee—
‘‘(1) was working on a designated corridor prior
to the provision of financial assistance under section
1003 and is—
‘‘(A) furloughed or separated as a result of
such financial assistance; and
‘‘(B) unable to obtain a position with rea-
sonably comparable duties to that which the em-
ployee has performed in the preceding 12
months, and for which the employee is qualified,
with—
‘‘(i) any person that will be operating
high-speed rail service on that corridor or
performing maintenance, dispatching, or
signaling work in conjunction with such
service;
‘‘(ii) any railroad through the normal
exercise of seniority rights; or
‘‘(iii) in the case of a subordinate offi-
cial, in addition to clauses (i) and (ii), any
railroad operating in the corridor; or
‘‘(2)(A) is furloughed or separated as a result of
an employee described in paragraph (1)(A) exercising
normal seniority rights to obtain or retain railroad
employment; and
‘‘(B) is unable to obtain a position with any
railroad through the normal exercise of seniority
rights.
‘‘(c) BENEFIT SCHEDULE.—(1) The benefit schedule
under this section shall provide for the payment to employ-
ees deprived of employment of—
‘‘(A) subsistence allowances;
‘‘(B) moving expenses for employees who must
make a change in residence;
‘‘(C) separation allowances described in para-
graph (2)(C);
‘‘(D) health and welfare insurance premiums;
and
‘‘(E) any other payment the Secretary considers
appropriate.
‘‘(2) The benefit schedule under this section shall limit
the payments under paragraph (1) to—
‘‘(A) a maximum period of 18 months for any
employee, whether consecutive or intermittent, or for
a period equal to the employee’s length of service, if
less than 18 months;
‘‘(B) except as provided in subparagraph (C), a
maximum amount of 18 months’ pay, or monthly pay
for a period equal to the employee’s length of service,
if less than 18 months, reduced by—
‘‘(i) compensation earned from employment
during the period referred to in subparagraph
(A); and
‘‘(ii) any benefits received under any unem-
ployment insurance law during the period re-
ferred to in subparagraph (A); and
‘‘(C) a lump sum separation allowance, com-
puted as follows, in the event the employee chooses to
resign and accept such lump sum settlement in lieu
of all other benefits and protection provided under
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) One month’s pay for purposes of—
‘‘(A) paragraph (2)(B), shall be the equivalent of
1/12th of the total compensation received by the em-
ployee in the last 12 months of employment in which
the employee earned compensation prior to the date
on which the employee was deprived of employment,
with the monthly amount adjusted to reflect subse-
quent general wage adjustments, including cost of liv-
ing adjustments where provided for; and
‘‘(B) paragraph (2)(C) shall be computed by
multiplying by 30 the appropriate daily rate of the
position last occupied.
‘‘(d) SPECIAL MOVING EXPENSES RULE.—A railroad
employee who would be considered to be deprived of employ-
ment but for paragraph (1)(B) or (2)(B) of subsection (b),
and who must make a change of residence in order to obtain
or retain active employment shall be eligible to receive mov-
ing expenses under the benefit schedule under this section,
to the extent that such expenses are not payable to or for
the employee under applicable collective bargaining agree-
ments or their employer’s corporate policy.
‘‘(e) ELECTION.—(1) Any employee who receives any
payment under the benefit schedule under this section shall
be deemed to waive any employee protection benefits other-
wise available to such employee under—
‘‘(A) any other provision of law;
‘‘(B) any applicable contract or agreement; or
‘‘(C) any decision or order of the Interstate Com-
merce Commission.
‘‘(2) Any employee electing and claiming benefits
under the benefit schedule under this section shall be re-
quired to execute a form of release acknowledging and con-
senting to the waiver described in paragraph (1). Nothing
in this section shall be deemed to determine or otherwise
affect the priority, status, or timing of payment of, or the
liability for any claim for, employee protection which might
have existed in the absence of this section for any employee
who elects not to receive benefits under the benefit schedule.
‘‘(f) IMPLEMENTING PLAN.—(1) Applicants for finan-
cial assistance under section 1003 shall submit to the Sec-
retary, with a copy to affected railroads and the authorized
representatives of the employees on the designated corridors
of such railroads, a proposed implementing plan to imple-
ment the employee protective conditions established under
this section. The plan shall include a procedure to identify
reductions in the work force related to the financial assist-
ance, and an arbitration process for resolving disputed
labor protection claims, including the burden of proof of
the claimant and the party disputing the claim.
‘‘(2) The Secretary shall consult with the affected rail-
roads and the authorized representatives of the employees
on the designated corridors of such railroads prior to ap-
proving any proposed implementing plan under paragraph
(1). The Secretary may not approve the plan unless the
plan ensures that the employee protective conditions estab-
lished under this section will be fully implemented on the
designated corridor.
‘‘(3) In providing financial assistance under section
1003, the Secretary shall include as a condition of such as-
sistance a requirement that the plan approved under this
section be implemented.
‘‘(4) Not less than annually, the Secretary shall pub-
lish in the Federal Register a list of implementing plans
that have been approved under this section.
‘‘(g) DEFINITION.—As used in this section, the term
‘a change in residence’ means change of place of residence
occasioned by a change in work location to a place that
is more than 30 normal highway route miles from the em-
ployee’s residence and also farther from the residence than
was the employee’s former work location.
‘‘SEC. 1007. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) the term ‘applicant’ means a public agency
designated under section 1001(b) or (d)(3), or a group
of such public agencies, seeking financial assistance
under this title for development of a designated cor-
ridor;
‘‘(2) the term ‘corridor’ means an existing or
proposed route for high-speed rail serving two or more
major metropolitan areas in the United States;
‘‘(3) the term ‘designated corridor’ means a cor-
ridor designated by the Secretary under section 1001;
‘‘(4) the term ‘element’ means a discrete portion
of a program to develop a designated corridor that
has a demonstrable intercity ground transportation
benefit independent of other improvements to such
corridor;
‘‘(5) the term ‘financial assistance’ includes
grants, contracts, and cooperative agreements;
‘‘(6) the term ‘high-speed rail’ has the meaning
given such term under section 511(n) of this Act;
‘‘(7) the term ‘improvement’ means a discrete ac-
tivity that contributes to the development of the infra-
structure of a designated corridor;
‘‘(8) the term ‘railroad employee’ means a
nonmanagement railroad employee, including a sub-
ordinate railroad official, who is entitled to union
representation;
‘‘(9) the term ‘rolling stock’ means locomotives
and rail passenger cars;
‘‘(10) the term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the
United States;
‘‘(11) the term ‘State or local funds’ does not in-
clude funds provided by private sector entities specifi-
cally for the purpose of developing a designated cor-
ridor; and
‘‘(12) the term ‘United States private business’
means a business entity organized under the laws of
the United States, or of a State, and conducting sub-
stantial business operations in the United States.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of
contents of the Railroad Revitalization and Regulatory Re-
form Act of 1976 is amended by adding at the end the fol-
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.’’.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) HIGH-SPEED RAIL ASSISTANCE.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for the National High-Speed Rail Assistance Pro-
gram authorized under sections 1001, 1002, 1003, and 1006
of the Railroad Revitalization and Regulatory Reform Act
of 1976—
(1) $125,000,000 for fiscal year 1994;
(2) $215,000,000 for fiscal year 1995;
(3) $240,000,000 for fiscal year 1996;
(4) $290,000,000 for fiscal year 1997; and
(5) $340,000,000 for fiscal year 1998.
(b) TECHNOLOGY DEVELOPMENT.—There are author-
ized to be appropriated to the Secretary of Transportation
for high-speed rail technology development authorized under
section 1004 of the Railroad Revitalization and Regulatory
Reform Act of 1976—
(1) $15,000,000 for fiscal year 1994;
(2) $15,000,000 for fiscal year 1995;
(3) $15,000,000 for fiscal year 1996;
(4) $15,000,000 for fiscal year 1997; and
(5) $15,000,000 for fiscal year 1998.
(c) ADMINISTRATIVE EXPENSES OF SECRETARY.—Of
the amounts authorized to be appropriated under sub-
sections (a) and (b), the Secretary of Transportation may
reserve the funds necessary for payment of the administra-
tive expenses incurred by the Secretary in carrying out the
Secretary’s responsibilities under title X of the Railroad Re-
vitalization and Regulatory Reform Act of 1976.
(d) ADMINISTRATIVE EXPENSES OF PUBLIC AGEN-
CIES.—Of the amounts authorized to be appropriated under
subsection (a) of this section, the Secretary of Transpor-
tation may reserve up to 1 percent for the purpose of pro-
viding financial assistance under section 1001(e).
(e) FUNDS TO REMAIN AVAILABLE.—Funds made
available under this section shall remain available until ex-
pended.
(f) NORTHEAST CORRIDOR.—Section 601(a)(1)(B) of
the Rail Passenger Service Act (45 U.S.C. 601(a)(1)(B)) is
amended to read as follows:
‘‘(B) $205,000,000 for fiscal year 1994, and
$210,000,000 for fiscal year 1995.’’.
TITLE II—LABOR PROTECTION
SEC. 201. LABOR PROTECTION.
Title X of the Railroad Revitalization and Regulatory
Reform Act of 1976, as added by title I of this Act, is further
amended by adding at the end the following new section:
‘‘SEC. 1008. LABOR STANDARDS.
‘‘The Secretary shall take such action as may be nec-
essary to ensure that all laborers and mechanics employed
by contractors or subcontractors in the performance of con-
struction work undertaken with financial assistance pro-
vided under this title shall be paid wages at rates not less
than those prevailing on similar construction in the locality
as determined by the Secretary of Labor in accordance with
the Davis-Bacon Act (40 U.S.C. 276a et seq.). The Secretary
shall not approve any such financial assistance without
first obtaining adequate assurance that required labor
standards will be maintained on the construction work.
Wages rates provided for in collective bargaining agree-
ments negotiated under and pursuant to the Railway Labor
Act shall be considered in compliance with the Davis-Bacon
Act.’’.
HR 1919 RH——2
HR 1919 RH——3