[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5691 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5691

  To direct the Secretary of Transportation to establish a program to 
  provide grants to carry out projects to reduce railway noise levels 
that adversely impact schools located in urbanized areas, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2018

 Mr. Crowley introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Transportation to establish a program to 
  provide grants to carry out projects to reduce railway noise levels 
that adversely impact schools located in urbanized areas, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Peaceful Learning Act of 2018''.

SEC. 2. DEFINITIONS.

    (a) In General.--Except as otherwise specifically provided, in this 
Act the definitions in section 5302 of title 49, United States Code, 
shall apply.
    (b) Additional Definitions.--In this Act, the following additional 
definitions apply:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given that term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Rail operator.--The term ``rail operator'' means an 
        owner or operator of a fixed rail public transportation 
        facility.
            (3) Railway noise.--The term ``railway noise'' means noise 
        caused by a fixed rail public transportation facility.
            (4) School.--The term ``school'' means an elementary school 
        or a secondary school (as those terms are defined in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801)).

SEC. 3. RAILWAY NOISE STUDY.

    (a) In General.--The Secretary of Transportation shall enter into 
an agreement with the National Academy of Sciences to conduct a study 
on railway noise in the United States.
    (b) Contents of Study.--In conducting the study, the National 
Academy of Sciences shall examine--
            (1) the threshold of railway noise at which health begins 
        to be affected;
            (2) the effectiveness of noise abatement programs for 
        railway noise on the property of a school;
            (3) the impacts of railway noise on schools; and
            (4) the noise assessment practices of the Department of 
        Transportation and whether such practices fairly and accurately 
        reflect the burden of noise on communities.
    (c) Report.--Not later than 12 months after the date of the 
agreement entered into under subsection (a), the National Academy of 
Sciences shall transmit to the Secretary a report on the results of the 
study. Upon receipt of the report, the Secretary shall transmit a copy 
of the report to the appropriate committees of Congress.

SEC. 4. NOISE MEASUREMENT AND EXPOSURE SYSTEMS.

    Not later than 12 months after the date of submission of the report 
under section 3, in consultation with the Administrator of the 
Environmental Protection Agency and Government, State, and interstate 
agencies that the Secretary of Transportation considers appropriate, 
the Secretary shall by regulation--
            (1) establish a single system of measuring railway noise 
        that--
                    (A) has a highly reliable relationship between 
                projected railway noise exposure and surveyed reactions 
                of individuals to noise; and
                    (B) is applied uniformly in measuring railway noise 
                near urbanized areas;
            (2) establish a single system for determining the exposure 
        of individuals to railway noise in urbanized areas, including 
        noise intensity, duration, frequency, and time of occurrence; 
        and
            (3) based on the findings of the report required under 
        section 3, determine minimum standards for railway noise levels 
        on the property of a school located in an urbanized area.

SEC. 5. NOISE EXPOSURE MAPS.

    (a) Submission and Preparation.--Not later than 12 months after the 
date of issuance of regulations under section 4, each rail operator 
shall submit to the Secretary of Transportation a noise exposure map 
showing any areas of nonconforming railway noise levels (based on the 
standards developed under section 4) that--
            (1) adversely impact a school located in an urbanized area; 
        and
            (2) are caused by operations of the rail operator.
    (b) Revised Maps.--If a change in the rail operations of rail 
operator described in subsection (a) establishes a substantial new 
nonconforming noise level on the property of a school located in an 
urbanized area, or significantly reduces nonconforming noise levels on 
the property of such a school, that is not reflected in the noise 
exposure map, the rail operator shall submit a revised noise exposure 
map to the Secretary showing the new nonconforming noise levels or 
noise level reduction.

SEC. 6. NOISE COMPATIBILITY PROGRAMS.

    (a) Program Submission.--A rail operator that submitted a noise 
exposure map under section 5 may submit a noise compatibility program 
to the Secretary of Transportation after--
            (1) consulting with public agencies and planning 
        authorities in the area covered by the map; and
            (2) notice and an opportunity for a public hearing.
    (b) Contents of Program.--A program submitted under subsection (a) 
shall state the measures the rail operator has taken or proposes to 
take to reduce existing nonconforming noise levels on the property of a 
school and prevent creating additional nonconforming noise levels in 
the area covered by the map. The measures may include constructing 
barriers or acoustical shielding and soundproofing of schools subject 
to a nonconforming noise level.
    (c) Approvals.--The Secretary shall approve or disapprove a program 
submitted under subsection (a) of this section not later than 180 days 
after receiving it. The Secretary shall approve the program if the 
program--
            (1) is reasonably consistent with achieving the goal of 
        reducing nonconforming noise levels on the property of a school 
        and preventing the introduction of additional nonconforming 
        noise levels on the property of a school; and
            (2) provides for necessary revisions because of a revised 
        map submitted under section 5.
    (d) Grants.--The Secretary may incur obligations to make grants 
from amounts available under section 8 to carry out a project under a 
part of a noise compatibility program approved under subsection (c). A 
grant may be made to a rail operator submitting the program to carry 
out the program directly or in cooperation with--
            (1) a local educational agency of a school that is subject 
        to nonconforming noise levels; or
            (2) a unit of local government in the area surrounding the 
        school that has nonconforming noise levels.
    (e) Federal Share.--The Federal share of a project for which a 
grant is made under subsection (d) is 80 percent of the cost of the 
project.

SEC. 7. NONADMISSIBILITY OF NOISE EXPOSURE MAP AND RELATED INFORMATION 
              AS EVIDENCE.

    No part of a noise exposure map or related information described in 
section 5 that is submitted to, or prepared by, the Secretary of 
Transportation and no part of a list of land uses the Secretary 
identifies as normally compatible with various exposures of individuals 
to noise may be admitted into evidence or used for any other purpose in 
a civil action asking for relief for noise resulting from the operation 
of a fixed rail public transportation facility.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated from the Mass Transit 
Account of the Highway Trust Fund under section 5338 of title 49, 
United States Code, such funds as may be necessary to carry out this 
Act.
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