[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 733 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 733

To amend title 23, United States Code, to permit States to use Federal 
 highway funds for capital improvements to, and operating support for, 
       intercity passenger rail service, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 27 (legislative day, April 24), 1995

    Mr. Roth (for himself, Mr. Biden, Mr. Jeffords, Mr. Leahy, Mr. 
   Moynihan, Mrs. Murray, Mr. Chafee, Mrs. Boxer, Mr. Cohen, and Mr. 
  Lautenberg) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to permit States to use Federal 
 highway funds for capital improvements to, and operating support for, 
       intercity passenger rail service, 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 ``Intercity Rail Infrastructure 
Investment Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) intercity passenger rail service is an essential 
        component of an integrated national transportation system;
            (2) Amtrak must lessen its dependence on Federal operating 
        support and instead enter into more sustaining partnerships 
        with States, multi-State regions, and localities;
            (3) intercity passenger rail service can play a significant 
        role in reducing traffic congestion, improve national ambient 
        air quality standards, and lower fuel consumption;
            (4) since certain major rail corridors clearly meet the 
        description of National Highway System principal arterial 
        routes in section 103(b)(1) of title 23, United States Code, by 
        serving major population centers, major travel destinations, 
        and other intermodal transportation facilities, the corridors 
        should be designated as part of the mapped National Highway 
        System;
            (5) since intercity passenger rail service is often 
        provided in the same corridor as, or in proximity to, a 
        designated segment of the National Highway System or will 
        improve the level of service on a National Highway System 
        segment, the service should be eligible for funding under 
        section 103(i) of title 23, United States Code;
            (6) States should be given the maximum flexibility in the 
        use of Federal transportation funds provided under titles 23 
        and 49, United States Code, to provide--
                    (A) transportation systems that reflect local 
                priorities; and
                    (B) the highest quality most appropriate 
                transportation services for citizens of the States; and
            (7) Federal law should not restrict the rights of States to 
        use their Federal transportation allocation for intercity 
        passenger rail service.

SEC. 3. DESIGNATION OF CERTAIN CORRIDORS AS PART OF NATIONAL HIGHWAY 
              SYSTEM.

    Section 103 of title 23, United States Code, is amended by 
inserting after subsection (b) the following:
    ``(c) Rail Lines and Related Facilities.--The National Highway 
System as designated pursuant to this section shall include the rail 
lines and related facilities owned or used by the National Railroad 
Passenger Corporation for the provision of intercity passenger service 
between Boston, Massachusetts, and Washington, District of Columbia 
(including the rail lines owned by the Corporation between 
Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, and between 
New Haven, Connecticut, and Springfield, Massachusetts); between New 
York, New York, and Albany, New York; between Albany, New York, and 
Buffalo, New York; between Washington, District of Columbia, and 
Richmond, Virginia; between Raleigh, North Carolina, and Charlotte, 
North Carolina; between Miami, Florida, and Tampa, Florida (through 
West Palm Beach, Florida, and Orlando, Florida); between Detroit, 
Michigan, and Chicago, Illinois; between Milwaukee, Wisconsin, and 
Chicago, Illinois; between St. Louis, Missouri, and Chicago, Illinois; 
between San Diego, California, and Sacramento, California (through Los 
Angeles, California, and Oakland, California); and between Eugene, 
Oregon, and Vancouver, British Columbia (through Portland, Oregon).''.

SEC. 4. INTERSTATE RAIL COMPACTS.

    (a) Consent to Compacts.--Congress grants consent to States with an 
interest in a specific form, route, or corridor of intercity passenger 
rail service (including high speed rail service) to enter into 
interstate compacts to promote the provision of the service, 
including--
            (1) retaining an existing service or commencing a new 
        service;
            (2) assembling rights-of-way; and
            (3) performing capital improvements, including--
                    (A) the construction and rehabilitation of 
                maintenance facilities;
                    (B) the purchase of locomotives; and
                    (C) operational improvements, including 
                communications, signals, and other systems.
    (b) Financing.--An interstate compact established by States under 
subsection (a) may provide that, in order to carry out the compact, the 
States may--
            (1) accept contributions from a unit of State or local 
        government or a person;
            (2) use any Federal or State funds made available for 
        intercity passenger rail service (except funds made available 
        for the National Railroad Passenger Corporation);
            (3) on such terms and conditions as the States consider 
        advisable--
                    (A) borrow money on a short-term basis and issue 
                notes for the borrowing; and
                    (B) issue bonds; and
            (4) obtain financing by other means permitted under Federal 
        or State law.

SEC. 5. ELIGIBILITY OF PASSENGER RAIL AS NATIONAL HIGHWAY SYSTEM 
              PROJECT.

    Section 103(i) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(14) Construction of and operational improvements for 
        intercity passenger rail facilities, operation of intercity 
        passenger rail trains, and acquisition of rolling stock for 
        intercity passenger rail service, except that not more than 50 
        percent of the amount received by a State for a fiscal year 
        under this paragraph may be obligated for operation.''.

SEC. 6. ELIGIBILITY OF PASSENGER RAIL UNDER CONGESTION MITIGATION AND 
              AIR QUALITY IMPROVEMENT PROGRAM.

    The first sentence of section 149(b) of title 23, United States 
Code, is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) if the project or program will have air quality 
        benefits through construction of and operational improvements 
        for intercity passenger rail facilities, operation of intercity 
        passenger rail trains, and acquisition of rolling stock for 
        intercity passenger rail service, except that not more than 50 
        percent of the amount received by a State for a fiscal year 
        under this paragraph may be obligated for operating support.''.

SEC. 7. ELIGIBILITY OF PASSENGER RAIL FOR MASS TRANSPORTATION FUNDING.

    (a) Definition of Mass Transportation.-- Section 5302(a)(7) of 
title 49, United States Code, is amended by inserting ``including 
intercity passenger rail transportation,'' after ``public''.
    (b) Definition of Designated Recipient.--Section 5307(a)(2) of 
title 49, United States Code, is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or'' and
            (3) by adding at the end the following:
                    ``(D) a provider of intercity passenger rail 
                transportation.''.
    (c) Financial Assistance for Other Than Urbanized Areas.--Section 
5311(b) of title 49, United States Code, is amended by adding at the 
end the following:
    ``(3) Grants for intercity passenger rail service under this 
section shall be used to preserve the maximum choice of passenger modes 
in areas other than urbanized areas.''.
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