[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 839 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 839

  To establish a program to facilitate development of high-speed rail 
      transportation in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 28 (legislative day, April 19), 1993

 Mr. Hollings (for himself, Mr. Exon, and Mr. Lautenberg) (by request) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To establish a program to facilitate development of high-speed rail 
      transportation in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``High-Speed Rail Development Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) high-speed rail passenger transportation (high-speed 
        rail) may offer a safe and efficient alternative to aviation 
        and motor vehicle travel for intercity transportation in 
        certain corridors linking major metropolitan areas in the 
        United States;
            (2) high-speed rail may have environmental advantages over 
        certain other forms of intercity transportation;
            (3) Amtrak's Metroliner service between Washington, 
        District of Columbia, and New York, New York, the United 
        States' premier high-speed rail service, has shown that 
        Americans will use high-speed rail when that transportation 
        option is available;
            (4) high-speed rail may help relieve congestion experienced 
        in densely traveled corridors;
            (5) high-speed rail should be developed in those intercity 
        corridors where such service is appropriate;
            (6) new high-speed rail service should not receive Federal 
        subsidies for operating and maintenance expenses;
            (7) the States and localities should take the prime 
        responsibility for the implementation of high-speed rail 
        service;
            (8) the private sector should participate in funding the 
        development of meritorious high-speed rail systems;
            (9) in some intercity corridors, Federal financial capital 
        assistance is required to supplement the financial commitments 
        of State and local governments and the private sector to ensure 
        the development of the infrastructure required by meritorious 
        high-speed rail systems;
            (10) new technologies can facilitate the development of 
        high-speed rail in the United States;
            (11) the development of these technologies can expand the 
        competitiveness of United States industry in the development of 
        high-speed rail systems in this country and overseas; and
            (12) Federal assistance is required for research, 
        development and demonstration of these technologies.

SEC. 3. NATIONAL HIGH-SPEED RAIL ASSISTANCE PROGRAM.

    The Railroad Revitalization and Regulatory Reform Act of 1976 (45 
U.S.C. 801 et seq.) is amended by adding at the end thereof the 
following:

                 ``TITLE X--HIGH-SPEED RAIL ASSISTANCE

``SEC. 1001. DESIGNATION OF CORRIDORS.

    ``(a) The Secretary is authorized to designate as a high-speed rail 
corridor (HSR Corridor) any corridor that serves two or more major 
metropolitan areas in the United States where the Secretary determines 
that high-speed rail offers the potential for cost effective intercity 
public transportation as part of the Nation's transportation system.
    ``(b) Designations made by the Secretary under subsection (a) of 
this section shall be in response to a petition from the Governor(s) of 
a State or States that substantially encompass the proposed corridor.
    ``(c) Any petition submitted pursuant to subsection (b) of this 
section shall include such information as the Secretary determines to 
be necessary to evaluate the merits of that corridor, including 
designation of a public agency to be responsible for coordination of 
activities under this title and legally able to enter into financial 
assistance agreements under sections 1002(c) and 1003(a) of this title.
    ``(d) A decision by the Secretary to designate a HSR Corridor under 
subsection (a) of this section shall be based on such criteria as the 
Secretary deems appropriate, including--
            ``(1) the integration of the HSR Corridor into Statewide 
        and metropolitan area transportation planning undertaken 
        pursuant to sections 134 and 135 of title 23, United States 
        Code, and;
            ``(2) the interconnection of the proposed high-speed rail 
        service with other parts of the Nation's transportation system, 
        including the relationship of the proposed service to 
        multimodal terminals;
            ``(3) the support and participation in the proposed 
        development of the HSR Corridor of the cities which it would 
        serve;
            ``(4) the effect of the proposed high-speed rail service on 
        the congestion of other modes of transportation;
            ``(5) the financial commitments of the State and local 
        governments and the private sector to development of high-speed 
        rail service;
            ``(6) the effect of the proposed service on State and local 
        governments' efforts to attain compliance with the Clean Air 
        Act;
            ``(7) the anticipated level of ridership;
            ``(8) the estimated capital cost of the proposed system;
            ``(9) the ability of the projected revenues of the proposed 
        service, including any financial commitments of the State or 
        local governments, to cover capital costs and operating and 
        maintenance expenses;
            ``(10) the support of any owners and operators of existing 
        rail facilities proposed for improvement in developing high-
        speed rail service;
            ``(11) if a State proposes to develop the HSR Corridor 
        through the award of a franchise to construct and operate a 
        proposed high-speed rail system, the award and active 
        implementation of such a franchise and the involvement and 
        support of the holders of that franchise; and
            ``(12) the effect of the proposed high-speed rail service 
        on other transportation services in operation or under 
        development.
    ``(e) The Secretary shall, upon application of the governor(s) of a 
State or States, designate as a HSR Corridor any intercity rail 
corridor designated as a high-speed rail corridor by the Secretary 
under section 1010 of the Intermodal Surface Transportation Efficiency 
Act of 1991 (23 U.S.C. 104(d)(2)).
    ``(f) The Secretary shall designate as a HSR Corridor any intercity 
rail corridor, other than the mainline of the corridor improved under 
title VII of this Act, that includes a significant segment where 
regularly scheduled rail passenger service operates at speeds in excess 
of 100 miles per hour on the date of enactment of the High-Speed Rail 
Development Act of 1993, upon application of the Governor(s) of the 
State or States in which such corridor is located.

``SEC. 1002. CORRIDOR MASTER PLAN.

    ``(a) A public agency designated under subsection 1001(c) of this 
title and seeking financial assistance for development of a HSR 
Corridor designated by the Secretary and eligible for funding under 
section 1003 of this title shall prepare and submit to the Secretary a 
corridor master plan for that corridor.
    ``(b) The corridor master plan prepared under subsection (a) of 
this section shall identify a coordinated program of improvements to 
permit the establishment of high-speed rail service in the corridor, 
including those improvements necessary to achieve high-speed service 
and not eligible for financial assistance under section 1003(c) of this 
title. Such plan shall include--
            ``(1) identification of how the proposed high-speed rail 
        service relates to the statewide and metropolitan area 
        transportation plans for the affected State(s) and metropolitan 
        areas;
            ``(2) identification of the specific elements that comprise 
        the program to achieve the high-speed service, including their 
        estimated costs, schedules, timing and relationship with other 
        projects and how these elements fit into a plan to achieve 
        high-speed service;
            ``(3) identification of the transportation benefits that 
        would be derived from each element including reductions in trip 
        times and increases in average speeds and top speeds;
            ``(4) identification of specific improvements that comprise 
        each element, the eligibility of such improvements for 
        financial assistance under section 1003(c) of this title, and a 
        proposed allocation of financial responsibility for specific 
        improvements, including proposed sources of funding;
            ``(5) identification of anticipated levels of ridership and 
        projections of revenues and expenses associated with the 
        proposed high-speed rail service when completed and for each 
        major increment undertaken to achieve high-speed service 
        including estimates of any operating subsidies that would be 
        required and the sources of such subsidies;
            ``(6) an operating plan for the project, as designed, 
        identifying the proposed schedule and frequency of the proposed 
        high-speed service and showing the coordination of the service 
        with any other rail operations on the corridor; and
            ``(7) such other information as may be required by the 
        Secretary.
    ``(c) The Secretary is authorized to enter into an agreement with 
the public agency preparing a corridor master plan to fund up to 80 
percent of the eligible costs associated with preparation of such plan; 
Provided, however, That at least 20 percent of such eligible costs 
shall be funded with State or local funds. Eligible costs associated 
with preparation of a corridor master plan shall include design, 
environmental and route selection analysis, preliminary engineering 
necessary to support such analyses, and any other analyses that the 
Secretary determines are required to prepare such a plan.
    ``(e) An action by the Secretary under this section shall not 
constitute a commitment to fund any element or improvement contained in 
such corridor master plan.

``SEC. 1003. FINANCIAL ASSISTANCE FOR HIGH-SPEED RAIL CORRIDORS.

    ``(a) The Secretary may enter into a financial assistance agreement 
with a public agency designated under subsection 1001(c) of this title 
to fund eligible improvements to the infrastructure of a HSR Corridor 
designated under section 1001(a) of this title for the purpose of 
facilitating the development of high-speed rail service; Provided, 
however, That no financial assistance shall be provided under this 
title for improvements to the main line of a corridor improved under 
title VII of this Act, or for improvements to a corridor in a State 
where the State by law, regulation, or order prohibits the use of State 
and/or local funds for the construction and/or operation of such 
improvements.
    ``(b) The Secretary shall establish appropriate terms, conditions, 
and procedures for the provision of financial assistance under this 
section.
    ``(c) Improvements eligible for financial assistance under 
subsection (a) of this section shall be those improvements to the 
infrastructure of an HSR Corridor, other than the acquisition of 
rolling stock, that are necessary to facilitate the development of 
high-speed service and that are not eligible for funding under other 
Federal transportation programs, and which include--
            ``(1) final engineering and design;
            ``(2) site specific environmental analyses;
            ``(3) acquisition of right-of-way and related property;
            ``(4) acquisition, construction, rehabilitation or 
        replacement of roadbed, structures, track, guideway, signal and 
        communications systems, electric traction systems, propulsion 
        or guidance systems incorporated as part of a guideway, 
        maintenance-of-way facilities, maintenance-of-equipment 
        facilities, private highway-rail grade crossings (including 
        payments to property owners to close crossings where 
        appropriate) not eligible for funding under sections 130 and 
        133(b)(4) of title 23, United States Code, those portions of 
        terminals and stations directly related to the operation of the 
        high-speed rail intercity service, and environmental mitigation 
        associated with development of high-speed rail service.
    ``(d) An agreement may not be entered into under subsection (a) of 
this section unless it provides for the completion of at least an 
element of a program to achieve high-speed rail service, including 
portions thereof not eligible for financial assistance under subsection 
(c) of this section.
    ``(e) In entering into any agreement to provide financial 
assistance under subsection (a) of this section, the Secretary shall 
ensure that such agreement includes the maximum practicable private 
funding for any element of a program to achieve high-speed rail service 
that is the subject of such agreement.
    ``(f) In entering into any agreement to provide financial 
assistance under subsection (a) of this section, the Secretary may 
provide financial assistance for up to 80 percent of the cost of 
specific eligible improvements to be funded under the agreement: 
Provided, however, That no less than 20 percent of the cost of such 
improvements shall be provided by State and/or local funds and that the 
overall financial assistance provided by the Secretary under the 
agreement shall not exceed 50 percent of the public share of the 
element funding. The public share of an element's funding consists of 
its total cost minus the maximum practicable private funding for such 
element.
    ``(g) In determining whether to enter into a financial assistance 
agreement to fund an element of a program to improve a HSR Corridor, 
the Secretary shall consider how the element to be funded under such 
agreement meets the criteria identified in subsection 1001(d) of this 
title, the information contained in the corridor master plan, the 
transportation benefits to be derived from the element, the level of 
financial commitments by the State and/or local governments and/or 
private entities to fund the subject element, commitments by the State 
and/or local governments and/or private entities to ensure completion 
of the element, commitments by State and/or local governments to fund 
any increases in the operating deficit of the National Railroad 
Passenger Corporation that result from operation over the HSR Corridor 
after the element is completed, and such other information that the 
Secretary deems appropriate.
    ``(h) The Secretary may provide financial assistance under 
subsection (a) of this section for a element not contained on an 
approved corridor master plan prepared under section 1002 of this title 
only if a financial assistance agreement for such improvement is 
entered into prior to 30 months from the date of enactment of the High-
Speed Rail Development Act of 1993.

``SEC. 1004. HIGH-SPEED RAIL TECHNOLOGY DEVELOPMENT.

    ``(a) The Secretary is authorized to undertake research and 
development of steel-wheel-on-rail technologies for commercial 
application in high-speed rail service in the United States.
    ``(b) In carrying out activities authorized in subsection (a) of 
this section, the Secretary may enter into financial assistance 
agreements with any United States private business, educational 
institution, State or local government, public authority or agency of 
the Federal Government.

``SEC. 1005. DEFINITIONS.

    ``(a) The term `high-speed rail' means rail passenger 
transportation capable of operating at sustained speeds of 125 miles 
per hour or greater.
    ``(b) The term `element' as used in sections 1002 and 1003 of this 
title means a discrete portion of a program to develop a HSR Corridor 
that has a demonstrable intercity ground transportation benefit 
independent of other improvements to such corridor.
    ``(c) The term `State or local funds' as used in this title means 
funds generally available to States or local governments to fund 
transportation projects excluding any payments or contributions to 
State and/or local governments or authorities from holders of a 
franchise or other private parties with an interest in the development 
or operation of the high-speed rail system.
    ``(d) The term `financial assistance agreement' means various forms 
of arrangements to provide financial assistance including grants, 
contracts or cooperative agreements.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) There are authorized to be appropriated to the Secretary of 
Transportation for the National High-Speed Rail Assistance Program 
authorized under sections 1002 and 1003 of title X of the Railroad 
Revitalization and Regulatory Reform Act of 1976, such sums as may be 
necessary for each of fiscal years 1994, 1995, 1996, 1997, and 1998.
    (b) There are authorized to be appropriated to the Secretary for 
high-speed rail technology development authorized under section 1004 of 
title X of the Railroad Revitalization and Regulatory Reform Act of 
1976, such sums as may be necessary for each of fiscal years 1994, 
1995, 1996, 1997, and 1998.
    (c) Section 601 of the Rail Passenger Service Act (45 U.S.C. 601) 
is amended by deleting paragraph (a)(1) and inserting in lieu thereof, 
the following--``There are authorized to be appropriated to the 
Secretary for the benefit of the Corporation for making capital 
expenditures under title VII of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 851 et seq.), such sums as may 
be necessary for each of fiscal years 1994, 1995, 1996, 1997, and 
1998.''.
    (d) Of the amounts authorized to be appropriated under subsections 
(a) and (b) of this section, the Secretary of Transportation may 
reserve the funds necessary for payment of the administrative expenses 
incurred by the Secretary in carrying out the Secretary's 
responsibilities under this title.
    (e) Of the amounts authorized to be appropriated under subsection 
(a) of this section, the Secretary of Transportation may reserve up to 
1 percent for the purpose of providing financial assistance to the 
public agencies designated under section 1001(c) and responsible for 
coordination of activities under this title on those corridors 
designated by the Secretary under section 1001(a). This financial 
assistance may provide for up to 80 percent of costs deemed eligible by 
the Secretary that are incurred by the public agencies in carrying out 
their responsibilities under such sections 1002 and 1003 of this title, 
such sums to be apportioned among the eligible public agencies through 
a formula established by the Secretary.
    (f) Financial assistance provided under subsection (e) of this 
section shall be provided only pursuant an agreement between the 
Secretary and a public agency whose responsibility encompasses in whole 
or in part a HSR Corridor designated as such by the Secretary and 
eligible for financial assistance under sections 1002 and 1003 of this 
title.
    (g) Funds made available under this section shall remain available 
until expended.

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