[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1103 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1103

      To amend title 23, United States Code, to authorize Federal 
 participation in financing of projects to demonstrate the feasibility 
of deployment of magnetic levitation transportation technology, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

Mr. Moynihan (for himself, Mr. Reid, Mrs. Boxer, Ms. Mikulski, and Mr. 
Robb) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To amend title 23, United States Code, to authorize Federal 
 participation in financing of projects to demonstrate the feasibility 
of deployment of magnetic levitation transportation technology, 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 ``Magnetic Levitation (MAGLEV) 
Transportation Technology Deployment Act of 1997''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds that--
            (1)(A) new transportation technologies are needed to 
        develop new modes of transportation that are environmentally 
        sound and energy efficient;
            (B) very high- and super-speed magnetic levitation 
        (referred to in this section as ``MAGLEV'') is the technology 
        that appears to best meet the needs of the traveling public and 
        high-value freight shippers in the 40- to 600-mile distance 
        corridors;
            (C) MAGLEV is energy efficient, consuming less energy per 
        passenger mile at any given speed than other forms of 
        transportation and reducing dependence on imported oil;
            (D) since properly designed MAGLEV is virtually impossible 
        to derail, MAGLEV is safe and will prevent accidents and loss 
        of life, and will significantly reduce costs attributable to 
        accidents occurring on highways, freight rail lines, intercity 
        rail passenger service lines, commuter rail lines, and short 
        haul airline routes of the United States;
            (E) MAGLEV is virtually unaffected by weather conditions, 
        which annually result in delays in other transportation modes 
        employed by freight and passenger carriers; and
            (F) MAGLEV makes extensive use of existing highway rights-
        of-way and consumes less land for its guideway infrastructure 
        than a comparable roadway;
            (2) the commercial feasibility study of high-speed ground 
        transportation conducted under section 1036 of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (Public Law 102-
        240; 105 Stat. 1978)--
                    (A) demonstrates that MAGLEV systems have the 
                potential for a public and private partnership under 
                which the private sector could operate a system without 
                operating subsidies and the total benefits of the 
                system would exceed the total costs; and
                    (B) demonstrates that adding links or corridors to 
                the basic MAGLEV system would enhance the basic system, 
                leading to establishment of high-volume high-speed 
                ground transportation networks; and
            (3) the study required by section 359(d) of the National 
        Highway System Designation Act of 1995 (Public Law 104-59; 109 
        Stat. 627) further demonstrates the potential for MAGLEV 
        systems.
    (b) Policy.--It is the policy of the United States to establish a 
MAGLEV transportation technology system operating along Federal-aid 
highway and other rights-of-way as part of a national transportation 
system of the United States.

SEC. 3. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT 
              PROGRAM.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by inserting after section 321 the following:
``Sec. 322. Magnetic levitation transportation technology deployment 
              program
    ``(a) Definitions.--In this section:
            ``(1) Eligible project costs.--The term `eligible project 
        costs' means the capital cost of the fixed guideway 
        infrastructure of a MAGLEV project, including land, piers, 
        guideways, propulsion equipment and other components attached 
        to guideways, power distribution facilities (including 
        substations), control and communications facilities, access 
        roads, and storage, repair, and maintenance facilities, but not 
        including costs incurred for a new station.
            ``(2) Full project costs.--The term `full project costs' 
        means the total capital costs of a MAGLEV project, including 
        eligible project costs and the costs of stations, vehicles, and 
        equipment.
            ``(3) MAGLEV.--The term `MAGLEV' means transportation 
        systems employing magnetic levitation that would be capable of 
        safe use by the public at a speed in excess of 240 miles per 
        hour.
            ``(4) Partnership potential.--The term `partnership 
        potential' has the meaning given the term in the commercial 
        feasibility study of high-speed ground transportation conducted 
        under section 1036 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1978).
            ``(5) Recognized pilot project.--The term `recognized pilot 
        project' means a project identified in the report transmitted 
        by the Secretary to Congress on the near-term applications of 
        magnetic levitation ground transportation technology in the 
        United States as required by section 359(d) of the National 
        Highway System Designation Act of 1995 (Public Law 104-59; 109 
        Stat. 627).
    ``(b) High-Speed Ground Transportation Office.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Magnetic Levitation (MAGLEV) Transportation 
        Technology Deployment Act of 1997, the Secretary shall 
        establish a High-Speed Ground Transportation Office in the 
        Federal Railroad Administration to--
                    ``(A) coordinate and administer all high-speed rail 
                and MAGLEV programs authorized by this section and any 
                other provision of this title or title 49; and
                    ``(B) make available financial assistance to 
                provide the Federal share of full project costs of 
                eligible projects selected under this section and 
                otherwise carry out this section.
            ``(2) Federal share.--The Federal share of full project 
        costs under paragraph (1)(B) shall be not more than \2/3\.
            ``(3) Use of assistance.--Financial assistance provided 
        under paragraph (1)(B) shall be used only to pay eligible 
        project costs of projects selected under this section.
    ``(c) Solicitation of Applications for Assistance.--Not later than 
90 days after the establishment of the High-Speed Ground Transportation 
Office, the Secretary shall solicit applications from States, or 
authorities designated by 1 or more States, for financial assistance 
authorized by subsection (b)(1)(B) for planning, design, and 
construction of eligible MAGLEV projects.
    ``(d) Project Eligibility.--To be eligible to receive financial 
assistance under subsection (b)(1)(B), a project shall--
            ``(1) involve a segment or segments of a high-speed ground 
        transportation corridor that--
                    ``(A) exhibits partnership potential; or
                    ``(B) is a portion of a recognized pilot project;
            ``(2) require an amount of Federal funds for project 
        financing that will not exceed--
                    ``(A) the amounts made available under subsection 
                (j)(1)(A); and
                    ``(B) the amounts made available by States under 
                subsection (j)(4);
            ``(3) result in an operating transportation facility that 
        provides a revenue producing service;
            ``(4) be undertaken through a public and private 
        partnership, with at least \1/3\ of full project costs paid 
        using non-Federal funds;
            ``(5) to the maximum extent practicable (as determined by 
        the Secretary), satisfy applicable Statewide and metropolitan 
        planning requirements;
            ``(6) be approved by the Secretary based on an application 
        submitted to the Secretary by a State or authority designated 
        by 1 or more States;
            ``(7) to the extent non-United States MAGLEV technology is 
        used within the United States, be carried out as a technology 
        transfer project; and
            ``(8) be carried out using materials at least 70 percent of 
        which are manufactured in the United States.
    ``(e) Project Selection Criteria.--Prior to soliciting 
applications, the Secretary shall establish criteria for selecting 
which eligible projects under subsection (d) will receive financial 
assistance under subsection (b)(1)(B). The criteria shall include the 
extent to which--
            ``(1) a project is nationally significant, including the 
        extent to which the project will demonstrate the feasibility of 
        deployment of MAGLEV technology throughout the United States;
            ``(2) timely implementation of the project will reduce 
        congestion in other modes of transportation and reduce the need 
        for additional highway or airport construction;
            ``(3) States, regions, and localities financially 
        contribute to the project;
            ``(4) implementation of the project will create new jobs in 
        traditional and emerging industries;
            ``(5) the project will augment MAGLEV networks identified 
        as having partnership potential;
            ``(6) financial assistance would foster public and private 
        partnerships for infrastructure development and attract private 
        debt or equity investment;
            ``(7) financial assistance would foster the timely 
        implementation of a project; and
            ``(8) life-cycle costs in design and engineering are 
        considered and enhanced.
    ``(f) Project Selection.--Not later than 90 days after a deadline 
established by the Secretary for the receipt of applications, the 
Secretary shall evaluate the eligible projects in accordance with the 
selection criteria and select 1 or more eligible projects for financial 
assistance.
    ``(g) Joint Ventures.--A project undertaken by a joint venture of 
United States and non-United States persons (including a project 
involving the deployment of non-United States MAGLEV technology in the 
United States) shall be eligible for financial assistance under this 
section if the project is eligible under subsection (d) and selected 
under subsection (f).
    ``(h) Research Grants and Contracts.--The Secretary shall conduct 
research that shall include providing grants to, and entering into 
contracts with, colleges, universities, research institutes, Federal 
laboratories, and private entities for research related to--
            ``(1) the quantification of benefits derived from the 
        implementation of MAGLEV technology;
            ``(2) MAGLEV safety;
            ``(3) the development of domestic MAGLEV technologies, 
        including electromagnetic and superconducting technology; and
            ``(4) the development of technologies associated with 
        MAGLEV infrastructure.
    ``(i) Report.--Not later than 180 days after the date of enactment 
of the Magnetic Levitation (MAGLEV) Transportation Technology 
Deployment Act of 1997, the Secretary shall submit a report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives on progress in implementing this section that includes 
a report on--
            ``(1) the establishment of the High-Speed Ground 
        Transportation Office under subsection (b);
            ``(2) applications for assistance under this section; and
            ``(3) the establishment of public and private partnerships 
        to carry out this section.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) to--
                    ``(A) carry out this section (other than subsection 
                (h)), $10,000,000 for fiscal year 1998, $20,000,000 for 
                fiscal year 1999, $200,000,000 for each of fiscal years 
                2000 and 2001, and $250,000,000 for each of fiscal 
                years 2002 and 2003; and
                    ``(B) provide research grants and contracts under 
                subsection (h), $10,000,000 for each of fiscal years 
                1998 through 2003.
            ``(2) Availability of funds.--Funds made available under 
        paragraph (1) shall remain available until expended.
            ``(3) Contract authority.--Approval by the Secretary of an 
        eligible project selected under this section shall be 
        considered to be a contractual obligation of the United States 
        for payment of the Federal share of the full project costs of 
        the project.
            ``(4) Other federal funds.--Notwithstanding any other 
        provision of law, funds made available to a State to carry out 
        the surface transportation program under section 133 and the 
        congestion mitigation and air quality improvement program under 
        section 149 may be used by the State to pay a portion of the 
        full project costs of an eligible project selected under this 
        section, without requirement for non-Federal funds.
            ``(5) Other assistance.--Notwithstanding any other 
        provision of law, an eligible project selected under this 
        section shall be eligible for the loans, loan guarantees, lines 
        of credit, development cost and political risk insurance, 
        credit enhancement, and risk insurance that are authorized for 
        a highway project under this title.
            ``(6) Tax-exempt bond financing.--For the purpose of 
        obtaining tax-exempt bond financing under the Internal Revenue 
        Code of 1986, a MAGLEV facility shall be considered to be a 
        high-speed intercity rail facility with an average speed 
        greater than 150 miles per hour under section 142(a)(11) of 
        that Code.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 321 the following:

``322. Magnetic levitation transportation technology deployment 
                            program.''.
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