[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4123 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4123

  To provide for the creation of a National High-Speed Rail Authority.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To provide for the creation of a National High-Speed Rail Authority.

    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 ``High-Speed Rail Authority 
Development and Formation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Intermodal Surface Transportation Efficiency Act of 
        1991 (ISTEA) (Public Law 102-240) discussed high-speed rail as 
        part of an intermodal transportation system for the United 
        States, and directed the Department of Transportation to ``lead 
        and coordinate Federal efforts in the research and development 
        of high-speed ground transportation technologies in order to 
        foster implementation of magnetic levitation and high-speed 
        steel wheel on rail transportation systems as alternatives to 
        existing transportation systems.''.
            (2) The Department of Transportation has designated eleven 
        high-speed rail corridors in the United States.
            (3) High-speed rail development will be a state-of-the-art 
        transportation system that will have impact on climate change.
            (4) High-speed rail is an efficient, practical, and less 
        polluting transportation mode that can fill the gap between 
        future demand and present capacity.
            (5) High-speed rail will greatly reduce carbon dioxide 
        emissions by reducing vehicle travel and make major contributes 
        to efforts to reduce greenhouses gas emissions and combat 
        global warming.
            (6) High-speed rail will drastically reduce the traffic 
        congestion currently plaguing our Nation's busiest highway 
        systems.
            (7) Most of the high-speed rail tracks will be at ground 
        level, only needing a minimum path 50 feet wide, comparable to 
        a new two-lane road with shoulders, but providing 20 times the 
        transportation capacity.
            (8) The future growth of the United States will require 
        multimodal transportation to ease travel across the country.
            (9) High-speed rail can provide a viable alternative to 
        airspace capacity problems the Federal Aviation Administration 
        admits it cannot solve in the Los Angeles to Bay Area air 
        corridor. High-speed rail will have comparable and often 
        shorter travel times when compared to air travel on trips 200 
        to 500 miles in length, allowing it to significantly reduce 
        airspace congestion.
            (10) The only current fast train lines in the country only 
        average a speed of 82.2 miles per hour.
            (11) Rail track will be fully grade-separated from road 
        traffic with bridges or underpasses.
            (12) At peak travel times, trains can be expanded to 
        accommodate more passengers than the current congested highway 
        system.
            (13) The Federal Government has traditionally participated 
        in significant infrastructure improvements such as the 
        Transcontinental Railroad, Interstate Highway System, and the 
        Tennessee Valley Authority, as well as our Nation's port and 
        harbor systems.
            (14) The economic strength and development of our Nation 
        has been led by advances in transportation projects, such as 
        the Erie Canal, Transcontinental Railroad, Interstate Highway 
        System, and airports.
            (15) Improving the linkage of major metropolitan areas 
        across the country using rail systems can bring great economic 
        growth.
            (16) Expanding the Nation's highways and airports is 
        costly, and constrained by environmental restrictions.
            (17) High-speed rail construction will yield millions of 
        jobs throughout the country.
            (18) Advances in rail technology have allowed high-speed 
        rail systems in Europe and Japan to attain speeds of up to 357 
        miles per hour and provide a much needed alternative for trips 
        in the 200 to 500-mile range.
            (19) The Shinkansen high-speed trains in Japan carry over 
        300,000,000 passengers a year, and the system's 1,540 miles of 
        track continues to expand due to demand for travel.
            (20) High-speed rail will save up to tens of millions of 
        barrels of oil per year.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish the National High-Speed 
Rail Authority--
            (1) to further planning, development, and construction of 
        high-speed rail systems in the United States;
            (2) to create a 21st century intermodal transportation 
        system;
            (3) to alleviate the air and highway congestion plaguing 
        our Nation; and
            (4) to develop an environmentally friendly mass 
        transportation system.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        head of the Authority appointed under section 5(c)(1).
            (2) Advisory committee.--The term ``Advisory Committee'' 
        means the Policy Advisory Committee established under section 
        7(a)(1).
            (3) Authority.--The term ``Authority'' means the National 
        High-Speed Rail Authority established by section 5(a).
            (4) High-speed rail.--The term ``high-speed rail'' means 
        passenger rail transportation operated at an average speed of 
        120 miles per hour over at least 20 miles.

SEC. 5. NATIONAL HIGH-SPEED RAIL AUTHORITY.

    (a) Establishment.--There is established, as an agency within the 
Department of Transportation, the National High-Speed Rail Authority.
    (b) Mission.--The mission of the Authority shall be to encourage 
and assist with planning, development, and construction of high-speed 
rail systems in the United States.
    (c) Administrator; Associate Administrator.--
            (1) Administrator.--
                    (A) Appointment.--
                            (i) In general.--The Authority shall be 
                        headed by an Administrator, who shall be 
                        appointed by the President, by and with advice 
                        and consent of the Senate.
                            (ii) Basis of appointment.--In appointing 
                        an individual to serve as Administrator, the 
                        President--
                                    (I) shall consider--
                                            (aa) the professional 
                                        qualifications of the 
                                        individual;
                                            (bb) the professional 
                                        background of the individual; 
                                        and
                                            (cc) the length of 
                                        experience of the individual in 
                                        positions of management or rail 
                                        development; and
                                    (II) shall not consider the 
                                political affiliation of the 
                                individual.
                    (B) Term of office.--
                            (i) In general.--Subject to clause (ii), 
                        the term of office of an Administrator shall be 
                        6 years.
                            (ii) Removal.--
                                    (I) Removal by president.--The 
                                President may remove an Administrator 
                                from the Authority based on just cause, 
                                as determined by the President.
                                    (II) Communication of cause.--In 
                                removing an Administrator from the 
                                Authority, the President shall 
                                communicate to Congress each reason for 
                                removal.
                    (C) Pay.--Section 5313 of title 5, United States 
                Code, is amended by adding at the end of the following:
            ``Administrator, National High-Speed Rail Authority.''.
                    (D) Authority of administrator.--
                            (i) In general.--The Administrator shall be 
                        responsible for carrying out all functions, 
                        powers, and duties of the Authority relating 
                        to--
                                    (I) the appointment and employment 
                                of all officers and employees of the 
                                Authority (other than Presidential and 
                                political appointees);
                                    (II) the acquisition and 
                                maintenance of property, services, and 
                                equipment of the Authority;
                                    (III) the activities of the 
                                Authority;
                                    (IV) the promulgation of 
                                regulations to carry out the functions 
                                of the Authority; and
                                    (V) the publishing of regulations, 
                                rules, orders, circulars, bulletins, 
                                and other official publications of the 
                                Authority.
                            (ii) Limitation on rulemaking authority.--
                        The Administrator shall not make any 
                        modifications to high-speed rail standards or 
                        related standards in effect on the date of 
                        enactment of this Act that would result in no 
                        planning, development, or construction of high-
                        speed rail systems.
                            (iii) Organization of authority.--
                                    (I) In general.--Subject to 
                                subclause (II), the Administrator may 
                                establish, alter, consolidate, or 
                                discontinue organizational units or 
                                components within the Authority as the 
                                Administrator determines to be 
                                necessary.
                                    (II) Limitation of authority.--The 
                                Administrator shall not--
                                            (aa) abolish any 
                                        organizational unit or 
                                        component established by this 
                                        Act; or
                                            (bb) transfer any function 
                                        vested by this Act in any 
                                        organizational unit or 
                                        component.
                    (E) Duties of administrator.--
                            (i) In general.--The Administrator shall--
                                    (I) plan, direct, and conduct high-
                                speed rail development activities;
                                    (II) provide for the widest 
                                appropriate dissemination of 
                                information concerning the activities 
                                of the Authority and the results of 
                                those activities;
                                    (III) improve existing high-speed 
                                rail technologies or develop new high-
                                speed rail technologies, as well as 
                                work with designated corridors to find 
                                the best high-speed rail technology for 
                                the corridor; and
                                    (IV) conduct studies of--
                                            (aa) the potential benefits 
                                        gained, such as reduced air 
                                        traffic, highway congestion, 
                                        and reduced air pollution; and
                                            (bb) the door-to-door times 
                                        comparing high-speed rail to 
                                        short-haul airline trips.
                            (ii) Objectives.--The high-speed rail 
                        development activities of United States carried 
                        out by the Administrator or carried out with 
                        financial assistance from the Administrator 
                        shall be conducted so as to contribute 
                        significantly to 1 or both of the following 
                        objectives:
                                    (I) Expansion of knowledge about 
                                high-speed rail technologies and the 
                                use of those technologies.
                                    (II) The most effective use of 
                                engineering resources of the United 
                                States, with close cooperation among 
                                all interested agencies of the United 
                                States so as to avoid duplication of 
                                effort, facilities, and equipment.
            (2) Associate administrator.--
                    (A) Appointment.--There shall be in the Authority 
                an Associate Administrator, who shall be appointed by 
                the Administrator.
                    (B) Basis of appointment.--In appointing an 
                Associate Administrator, the Administrator--
                            (i) shall consider--
                                    (I) the professional qualifications 
                                of the individual;
                                    (II) the scientific or professional 
                                background of the individual; and
                                    (III) the length of experience of 
                                the individual in positions of 
                                management or research and development; 
                                and
                            (ii) shall not consider the political 
                        affiliation of the individual.
                    (C) Term of office.--
                            (i) In general.--Subject to clause (ii), 
                        the term of office of an Associate 
                        Administrator shall be 4 years.
                            (ii) Removal.--
                                    (I) Removal by administrator.--The 
                                Administrator may remove an Associate 
                                Administrator from the Authority based 
                                on just cause, as determined by the 
                                Administrator.
                                    (II) Communication of cause.--In 
                                removing an Associate Administrator 
                                from the Authority, the Administrator 
                                shall communicate to Congress each 
                                reason for removal.
                    (D) Pay.--Section 5314 of title 5, United States 
                Code, is amended by adding at the end the following:
            ``Associate Administrator, National High-Speed Rail 
        Authority.''.
                    (E) Duties.--The Associate Administrator shall--
                            (i) supervise the project development and 
                        engineering activities of the Authority;
                            (ii) exercise such other powers and perform 
                        such duties as the Administrator may prescribe; 
                        and
                            (iii) act for, and exercise the powers of, 
                        the Administrator during the absence or 
                        disability of the Administrator.
    (d) Personnel Plan.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
personnel plan for the Authority that--
            (1) specifies the initial number and qualifications of 
        employees needed for the Authority;
            (2) describes the functions and General Service 
        classification and pay rates of the initial employees; and
            (3) specifies how the Administrator will adhere to or 
        deviate from the civil service system.

SEC. 6. ADMINISTRATIVE POWERS.

    The Administrator shall--
            (1) appoint and fix the compensation of such officers and 
        employees as are necessary to carry out the functions of the 
        Authority;
            (2) establish the entrance grade for engineering personnel 
        without previous service in the Federal Government at a level 
        up to 2 grades higher than the grade provided for such 
        personnel in the General Schedule (within the meaning of 
        section 5104 of title 5, United States Code) and fix the 
        compensation of the personnel accordingly, as the Administrator 
        considers necessary to recruit specially qualified rail 
        infrastructure, environmental, and industry-related expertise;
            (3) acquire, construct, improve, repair, operate, and 
        maintain such offices, such research and development sites and 
        facilities, and such other real and personal property or 
        interests in real and personal property, as the Administrator 
        determines to be necessary for the performance of the functions 
        of the Authority;
            (4) enter into and perform such contracts, leases, 
        cooperative agreements, or other transactions as are necessary 
        in the performance of the duties of the Administrator with 
        any--
                    (A) agency or instrumentality of the United States;
                    (B) State, Territory, or possession;
                    (C) political subdivision of any State, Territory, 
                or possession; or
                    (D) person, firm, association, corporation, or 
                educational institution;
            (5)(A) with the consent of Federal and other agencies, with 
        or without reimbursement, use the services, equipment, 
        personnel, and facilities of those agencies; and
            (B) cooperate with other public and private agencies and 
        instrumentalities in the use of services, equipment, personnel, 
        and facilities; and
            (6) establish within the Authority such offices and 
        procedures as the Administrator considers appropriate to 
        provide for the greatest possible coordination of the 
        activities of the Authority with related scientific and other 
        activities of other public and private agencies and 
        organizations.

SEC. 7. ORGANIZATIONAL STRUCTURE.

    (a) Policy Advisory Committee.--
            (1) Establishment.--There shall be established in the 
        Authority a Policy Advisory Committee.
            (2) Membership.--
                    (A) Composition.--The Advisory Committee shall be 
                composed of 12 members, of whom--
                            (i) 4 members shall be representatives of 
                        the rail development and construction 
                        community;
                            (ii) 4 members shall be representatives 
                        of--
                                    (I) industries involved in the rail 
                                operation; or
                                    (II) the transportation industry; 
                                and
                            (iii) 4 members shall be representatives 
                        equally divided between the labor and business 
                        communities.
                    (B) Appointment.--The Speaker of the House of 
                Representatives, the minority leader of the House of 
                Representatives, the majority leader of the Senate, and 
                the minority leader of the Senate shall each appoint 1 
                member described in clauses (i), (ii), and (iii) of 
                subparagraph (A).
            (3) Duties.--The Advisory Committee shall--
                    (A) act as a steering committee for the Authority;
                    (B) advise the Administrator on the formulation of 
                a long-term strategy for achieving the mission of the 
                Authority under section 5(b); and
                    (C) assist the Administrator in identifying high-
                speed rail technologies and initiatives that--
                            (i) have the potential to decrease air 
                        traffic and highway congestion over the long 
                        term; and
                            (ii) should be further explored by the 
                        Authority.
            (4) Staff.--The Advisory Committee may appoint not more 
        than 24 employees to assist in carrying out the duties of the 
        Advisory Committee, of whom--
                    (A) 8 shall report to the members appointed under 
                paragraph (2)(A)(i);
                    (B) 8 shall report to the members appointed under 
                paragraph (2)(A)(ii); and
                    (C) 8 shall report to the members appointed under 
                paragraph (2)(A)(iii).
            (5) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall apply to the Advisory Committee.
    (b) Office of Administration.--
            (1) Establishment.--There is established in the Authority 
        an Office of Administration.
            (2) Assistant associate administrator.--The head of the 
        Office of Administration shall be an Assistant Associate 
        Administrator for the Authority, to be appointed by the 
        Administrator.
            (3) Design/build/operate division.--
                    (A) Establishment.--There is established in the 
                Office of Administration a Design/Build/Operate 
                Division.
                    (B) Staff.--The Design/Build/Operate Division shall 
                be composed of engineers and individuals with expertise 
                in rail design, rail construction, and rail 
                maintenance.
                    (C) Duties.--The Design/Build/Operate Division 
                shall--
                            (i) study the efficiencies of existing and 
                        proposed high-speed rail technologies in the 
                        United States, with an emphasis on assessing--
                                    (I) the impacts of those 
                                technologies on consumers; and
                                    (II) the contributions of those 
                                technologies on decreasing air traffic 
                                and highway congestion the United 
                                States;
                            (ii) enter into contracts with private or 
                        public entities for the design, construction, 
                        and operation of high-speed trains and--
                                    (I) allow contracts to be separated 
                                into individual tasks or segments; and
                                    (II) choose the best strategy for 
                                each contract package; and
                            (iii) submit to Congress a report on the 
                        results of the study conducted under clause 
                        (i).
            (4) Right-of-way acquisition division.--
                    (A) Establishment.--There is established in the 
                Office of Administration a Right-Of-Way Acquisition 
                Division.
                    (B) Duties.--The Right-Of-Way Acquisition Division 
                shall seek out right-of-way acquisitions for 
                construction of high-speed rail lines across the Nation 
                and determine--
                            (i) the most feasible areas to construct 
                        high-speed rail lines; and
                            (ii) the best way to keep local communities 
                        and the public informed.
            (5) General counsel.--There is established in the Office of 
        Administration the position of General Counsel, to be appointed 
        by the Administrator, to serve as the chief legal officer of 
        the Authority.
    (c) Office of Policy, Research, and Development.--
            (1) Establishment.--There is established in the Authority 
        an Office of Policy, Research, and Development.
            (2) Duties.--The Office of Policy, Research, and 
        Development shall--
                    (A) sponsor, manage, and direct basic and applied 
                research projects, including projects to accelerate the 
                development of high-speed rail technologies from 
                fundamental research to implementation; and
                    (B) provide technical guidance to the 
                Administrator.
            (3) Assistant associate administrator.--The head of the 
        Office of Policy, Research, and Development shall be an 
        Assistant Associate Administrator for Policy, Research, and 
        Development, to be appointed by the Administrator.
            (4) Administration.--In carrying out this subsection, the 
        Office of Policy, Research, and Development shall consider the 
        potential benefits of--
                    (A) a flat organizational structure comprised of 
                project-based teams;
                    (B) coordination with the private sector; and
                    (C) organizational models used by other Federal 
                agencies conducting advanced research.
    (d) Office of Venture Capital.--
            (1) Establishment.--There is established in the 
        Administration an Office of Venture Capital.
            (2) Assistant associate administrator.--The head of the 
        Office of Venture Capital shall be an Assistant Associate 
        Administrator for Venture Capital, to be appointed by the 
        Administrator.
            (3) Duties.--The Office of Venture Capital shall--
                    (A) accept applications from State and private 
                entities requesting financial assistance for high-speed 
                rail technology proposals;
                    (B) accept recommendations and input from the 
                Associate Administrator and the Policy Advisory 
                Committee on applications submitted under subparagraph 
                (A); and
                    (C) from among the applications submitted under 
                subparagraph (A) and taking into account the objectives 
                described in section 5(c)(1)(E)(ii), award financial 
                assistance to applicants to carry out the proposals 
                that are most likely to develop high-speed rail.
    (e) Coordination.--The Administrator--
            (1) shall ensure that the activities of the Authority are 
        coordinated with the activities of other relevant high-speed 
        rail authorities; and
            (2) may carry out projects jointly with other agencies.

SEC. 8. INITIAL TECHNOLOGY SOLICITATIONS.

    (a) In General.--The Administrator (acting through the Office of 
Venture Capital and the Office of Policy, Research, and Development) 
may, based on the criteria described in subsection (b), initiate the 
development of technologies for--
            (1) steel-on-wheel systems;
            (2) magnetic levitation systems;
            (3) passenger safety;
            (4) rolling stock;
            (5) operation systems;
            (6) energy efficient systems;
            (7) zero emission systems;
            (8) grade separation;
            (9) overpass, underpass, and tunnel construction; and
            (10) safe and swift maintenance of trains.
    (b) Criteria.--In determining which technologies to develop under 
subsection (a), the Administrator shall consider--
            (1) the current status of development of the technology;
            (2) the time and costs of efforts needed to bring the 
        technology to full implementation; and
            (3) the potential of the technology to contribute to the 
        goals of the Authority.
    (c) Report.--As soon as practicable after the date of enactment of 
this Act, but not later than 1 year after the date of enactment of this 
Act, the Administrator shall submit to Congress a report that--
            (1) assesses the potential for the technologies described 
        in subsection (a) to contribute to the goals of the Authority; 
        and
            (2) describes the plans of the Authority to develop the 
        technologies under subsection (a).

SEC. 9. REPORTS.

    (a) Reports by Administrator.--
            (1) Activities and accomplishments.--Semiannually and at 
        such other times as the Administrator considers to be 
        appropriate, the Administrator shall submit to the President a 
        report that describes the activities and accomplishments of the 
        Authority.
            (2) Report to congress.--At the time at which the 
        Administrator submits to the President or the Director of the 
        Office of Management and Budget any report relating to any 
        budget information, legislative recommendation, comment on 
        legislation about amounts made available under this Act, or 
        prepared testimony for a congressional hearing, the 
        Administrator shall submit a copy of the information, 
        recommendation, comment, or testimony to each appropriate 
        committee of Congress.
    (b) Reports by President.--In January of each year, the President 
shall submit to Congress a report that includes--
            (1) a description of the activities and accomplishments of 
        all agencies of the United States in the field of high-speed 
        rail development during the preceding calendar year;
            (2) an evaluation of the activities and accomplishments of 
        the Administrator in attaining the objectives of this Act; and
            (3) such recommendations for additional legislation as the 
        Administrator or the President considers appropriate for the 
        attainment of the objectives described in this Act.

SEC. 10. DESIGNATED HIGH-SPEED RAIL CORRIDORS.

    (a) In General.--The Secretary of Transportation and the 
Administrator shall give priority in allocating funds authorized by 
section 26104 of title 49, United States Code, and assistance to plan, 
develop, and construct high-speed rail systems to the following High-
Speed Rail Corridors:
            (1) California Corridor connecting the San Francisco Bay 
        area and Sacramento to Los Angeles and San Diego.
            (2) Chicago Hub Corridor Network with the following spokes:
                    (A) Chicago to Detroit.
                    (B) Chicago to Minneapolis/St. Paul, MN, via 
                Milwaukee, WI.
                    (C) Chicago to Kansas City, MO, via Springfield, 
                IL, and St. Louis, MO.
                    (D) Chicago to Louisville, KY, via Indianapolis, 
                IN, and Cincinnati, OH.
                    (E) Chicago to Cleveland, OH, via Toledo, OH.
                    (F) Cleveland, OH, to Cincinnati, OH, via Columbus, 
                OH.
            (3) Empire State Corridor from New York City, NY, through 
        Albany, NY to Buffalo, NY.
            (4) Florida High-Speed Rail Corridor from Tampa through 
        Orlando to Miami.
            (5) Gulf Coast Corridor from Houston TX, through New 
        Orleans, LA, to Mobile, AL, with a branch from New Orleans, 
        through Meridian, MS, and Birmingham, AL, to Atlanta, GA.
            (6) Keystone Corridor from Philadelphia, PA, through 
        Harrisburg, PA, to Pittsburgh, PA.
            (7) Northeast Corridor from Washington, DC, through New 
        York City, NY, New Haven, CT, and Providence, RI, to Boston, 
        MA.
            (8) New England Corridor from Boston, MA, to Portland and 
        Auburn, ME, and from Boston, MA, through Concord, NH, and 
        Montpelier, VT, to Montreal, PQ.
            (9) Pacific Northwest Corridor from Eugene, OR, through 
        Portland, OR, and Seattle, WA, to Vancouver, BC.
            (10) South Central Corridor from San Antonio, TX, through 
        Dallas/Fort Worth to Little Rock, AK, with a branch from 
        Dallas/Fort Worth through Oklahoma City, OK, to Tulsa, OK.
            (11) Southeast Corridor from Washington, DC, through 
        Richmond, VA, Raleigh, NC, Columbia, SC, Savannah, GA, and 
        Jesup, GA, to Jacksonville, FL, with a branch from Raleigh, NC, 
        through Charlotte, NC, and Greenville, SC, to Atlanta, GA, a 
        branch from Richmond, to Hampton Roads/Norfolk, VA, and a 
        connecting route between Atlanta, GA, to Jesup, GA.
    (b) Matching Funds Requirement.--
            (1) General rule.--Except as provided in paragraph (2), 
        assistance under subsection (a) shall be provided only for 
        projects for which at least 50 percent of the funding is 
        provided by non-Federal sources.
            (2) Exception.--The Secretary of Transportation and the 
        Administrator may provide assistance under subsection (a) for a 
        project if less than 50 percent of the funding is provided by 
        non-Federal sources if the Secretary or Administrator finds 
        that the public interest is served by making such an exception.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $500,000,000 for each of fiscal years 2007 and 2008;
            (2) $600,000,000 for each of fiscal years 2009 and 2010; 
        and
            (3) $750,000,000 for each of fiscal years 2011 through 
        2015.
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