[Congressional Record Volume 140, Number 117 (Thursday, August 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
        HIGH-SPEED GROUND TRANSPORTATION DEVELOPMENT ACT OF 1993

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 337, S. 839, the 
High-speed Ground Transportation Development Act of 1994.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill will be stated by title.
  The legislative clerk read as follows:

       A bill (S. 839) to establish a program to facilitate 
     development of high-speed rail transportation in the United 
     States, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?.
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science and 
Transportation, with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``High-Speed Ground 
     Transportation Development Act of 1993''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) high-speed rail may offer a safe and efficient 
     complement to existing intercity transportation modes in 
     certain densely traveled 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) new high-speed rail service should not receive Federal 
     subsidies for operating and maintenance expenses;
       (5) State and local governments should take the prime 
     responsibility for the implementation of high-speed rail 
     service;
       (6) the private sector should participate in funding the 
     development of high-speed rail systems;
       (7) in some intercity corridors, Federal financial capital 
     assistance may be required to supplement the financial 
     commitments of State and local governments and the private 
     sector to ensure the development of the infrastructure 
     required for high-speed rail systems;
       (8) new technologies and, particularly, defense conversion 
     initiatives can facilitate the development of high-speed rail 
     in the United States;
       (9) the development of these technologies can expand the 
     competitiveness of United States industry in this country and 
     overseas; and
       (10) Federal assistance is required for research and 
     development of high-speed rail technologies for commercial 
     application in high-speed rail service in the United States.

     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 
     the following new titles:

                 ``TITLE X--HIGH-SPEED RAIL ASSISTANCE

     ``SEC. 1001. DESIGNATION OF CORRIDORS

       ``(a) Petition.--The Governor or Governors (or the duly 
     authorized officer or officers) of a State or States that 
     substantially encompass a proposed corridor may petition the 
     Secretary for designation under this section.
       ``(b) Contents.--Any petition submitted pursuant to 
     subsection (a) shall include such information as the 
     Secretary determines by regulation to be necessary to 
     evaluate the merits of that corridor. Any such petition shall 
     also designate a public agency, for each petitioning State, 
     that is authorized by the State to be responsible for 
     coordination of activities under the high-speed rail program 
     proposed for that corridor, and authorized to receive 
     financial assistance under section 1002 or 1003.
       ``(c) Determinations and Criteria for Designation.--(1) The 
     Secretary is authorized to designate as a designated corridor 
     any corridor where the Secretary determines that--
       ``(A) the high-speed rail service proposed for the corridor 
     offers the potential for cost-effective intercity passenger 
     transportation as part of the Nation's transportation system; 
     and
       ``(B) high-speed rail development will not create unfair 
     competition for existing transportation service in operation 
     or under development in such corridor.
       ``(2) Determinations under paragraph (1)(A) and (B) shall 
     be based on such criteria as the Secretary considers 
     appropriate, including--
       ``(A) the integration of the designated corridor into 
     metropolitan area and Statewide transportation planning 
     undertaken pursuant to sections 134 and 135 of title 23, 
     United States Code;
       ``(B) 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 
     intermodal terminals;
       ``(C) the anticipated effect of the proposed high-speed 
     rail service on the congestion of other modes of 
     transportation;
       ``(D) any adverse impact on existing mass transit services 
     and other intercity passenger transportation modes in the 
     corridor;
       ``(E) the effect of the proposed service on the efforts of 
     State and local governments to attain compliance with the 
     Clean Air Act;
       ``(F) the past and proposed financial commitments and other 
     support of State and local governments and the private sector 
     to the proposed high-speed rail program, including the 
     acquisition of rolling stock;
       ``(G) the estimated level of ridership;
       ``(H) an evaluation of existing highway-rail grade 
     crossings on the corridor that need to be closed or 
     separated;
       ``(I) the estimated capital cost of the proposed service, 
     including the cost of closing or separating highway-rail 
     grade crossings in the corridor;
       ``(J) the extent to which the projected revenues of the 
     proposed service, along with any financial commitments of 
     State or local governments and the private sector, are 
     expected to cover capital costs and operating and maintenance 
     expenses; and
       ``(K) the level of support and cooperation of any owners 
     and operators of existing rail facilities proposed for 
     improvement in developing the high-speed rail service.
       ``(d) Additional Designations.--(1) The Secretary shall, 
     upon the written request of the State or States that 
     substantially encompass the proposed corridor, designate as a 
     designated corridor--
       ``(A) any intercity rail corridor designated as a high-
     speed rail corridor by the Secretary under section 104(d)(2) 
     of title 23, United States Code; or
       ``(B) any discrete portion of such a corridor.
       ``(2) The Secretary shall, upon the written request of the 
     State or States that substantially encompass the proposed 
     corridor, designate as a designated corridor any intercity 
     rail corridor, other than the main line of the Northeast 
     Corridor between Washington, District of Columbia, and 
     Boston, Massachusetts, that includes a substantial segment 
     where regularly scheduled rail passenger service operates at 
     speeds in excess of 100 miles per hour as of the date of 
     enactment of the High-Speed Ground Transportation Development 
     Act of 1993.
       ``(3) Any request under this subsection shall include the 
     designation of a public agency, for each requesting State, 
     that is authorized by the State to be responsible for 
     coordination of activities under the proposed high-speed rail 
     program, and authorized to receive financial assistance under 
     section 1002 or 1003.
       ``(e) Administrative Expenses.--The Secretary may provide 
     financial assistance to a public agency designated under 
     subsection (b) for up to 80 percent of the administrative 
     expenses incurred by such agency, and determined eligible by 
     the Secretary, in carrying out its responsibilities in 
     connection with the development of a designated corridor. The 
     Secretary shall establish a formula for the allocation of 
     assistance under this subsection.

     ``SEC. 1002. CORRIDOR MASTER PLANS.

       ``(a) Requirement.--An applicant shall prepare and submit 
     to the Secretary, and may periodically amend, a corridor 
     master plan for a corridor, subject to the approval of the 
     Secretary.
       ``(b) Contents.--A corridor master plan prepared under 
     subsection (a) shall identify a coordinated program of 
     improvements to advance the establishment of high-speed rail 
     service in the corridor, including those improvements not 
     eligible for financial assistance under this title. Such plan 
     shall include--
       ``(1) identification of how the proposed high-speed rail 
     service relates to State and metropolitan area transportation 
     plans of the affected States and metropolitan areas;
       ``(2) identification of the specific elements that comprise 
     the program to achieve the high-speed rail service, including 
     their estimated costs, schedules, timing, and relationship 
     with other transportation projects;
       ``(3) identification of the transportation benefits 
     expected to be derived from each element, including 
     reductions in trip times and increases in speeds;
       ``(4) identification of specific improvements that comprise 
     each element, a representation of the extent to which such 
     improvements are eligible for financial assistance under this 
     title, and an identification of all proposed sources of 
     funding for such specific improvements;
       ``(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 
     element 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 identifying the proposed schedule 
     and frequency of the high-speed rail service and the 
     coordination of such service with any other rail operations 
     on the corridor;
       ``(7) identification of specific improvements that will 
     permit sustained operating speeds substantially in excess of 
     125 miles per hour, including such improvements as 
     electrification, line straightening, and use of advanced 
     locomotive and rolling stock;
       ``(8) identification of specific enhancements to passenger 
     convenience, including such enhancements as interline 
     ticketing with other modes of transportation, parking and 
     other means of passenger access, and use of intermodal 
     terminals, particularly at airports;
       ``(9) consideration of the effect on existing rail 
     passenger service provided in the corridor by the National 
     Railroad Passenger Corporation; and
       ``(10) such other information as may be required by the 
     Secretary.
       ``(c) Plan Preparation Assistance.--The Secretary, by 
     regulation and to the extent the Secretary considers 
     reasonable, may provide financial assistance to an applicant 
     preparing a corridor master plan for up to 50 percent of the 
     costs associated with preparation of such plan incurred after 
     the date of enactment of the High-Speed Ground Transportation 
     Development Act of 1993, including the costs of design, 
     environmental and route selection analysis, and preliminary 
     engineering necessary to support such analyses. The Secretary 
     shall not provide financial assistance under this subsection 
     in an amount that exceeds the amount provided by State and 
     local governments for such preparation costs.

     ``SEC. 1003. FINANCIAL ASSISTANCE FOR DESIGNATED CORRIDORS.

       ``(a) Authority.--The Secretary may provide financial 
     assistance to an applicant to fund improvements eligible 
     under subsection (c). No financial assistance shall be 
     provided under this title--
       ``(1) for improvements to the main line of the Northeast 
     Corridor, between Washington, District of Columbia, and 
     Boston, Massachusetts; or
       ``(2) for improvements relating to a designated corridor in 
     a State where the State prohibits the expenditure of State 
     funds for such improvements.
       ``(b) Terms, Conditions, and Procedures.--(1) The Secretary 
     shall establish appropriate terms, conditions, and procedures 
     for the provision of financial assistance under this section.
       ``(2) The Secretary shall not provide financial assistance 
     under subsection (a) for improvements in a designated 
     corridor unless the Secretary finds that the applicant is in 
     compliance with the requirements of section 1005(a) relating 
     to an arrangement for insurance coverage.
       ``(c) Eligible Improvements.--Improvements eligible for 
     financial assistance under subsection (a) shall be those 
     improvements, other than the acquisition of rolling stock, 
     that are necessary to facilitate the development of high-
     speed rail service, including--
       ``(1) final engineering and design;
       ``(2) site specific environmental analyses and 
     environmental mitigation;
       ``(3) acquisition of right-of-way and related property;
       ``(4) acquisition, construction, rehabilitation, upgrading, 
     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 such 
     crossings where appropriate) and public highway-rail grade 
     crossings to the extent authorized under subsection (f)(3), 
     and those portions of terminals and stations directly related 
     to the operation of the high-speed rail service.

     Improvements that are eligible for funding under other 
     Federal transportation programs shall not be eligible for 
     financial assistance under subsection (a).
       ``(d) Minimum Funding.--Financial assistance may not be 
     provided under subsection (a) unless such assistance enables 
     the completion of at least one full element of a program to 
     achieve high-speed rail service.
       ``(e) Private Funding.--In providing financial assistance 
     under subsection (a), the Secretary shall ensure that the 
     element or elements for which such assistance is provided 
     include the maximum practicable private funding.
       ``(f) Funding Proportions.--(1) In providing financial 
     assistance under subsection (a), the Secretary may provide 
     financial assistance for up to 80 percent of the cost of 
     specific eligible improvements. No less than 20 percent of 
     the costs of such improvements shall be provided by State or 
     local funds.
       ``(2) The Secretary shall not provide financial assistance 
     to an applicant under subsection (a) in an amount which 
     exceeds the amount provided for the development of the 
     designated corridor by State and local governments, and other 
     Federal transportation programs, after April 29, 1993.
       ``(3) The Secretary may provide financial assistance to an 
     applicant under subsection (a) for a public highway-rail 
     grade crossing improvement that is part of the development of 
     a designated corridor only if such improvement was not, as of 
     the date of enactment of the High-Speed Ground Transportation 
     Development Act of 1993, included as a high priority for 
     highway-rail grade crossing improvement in the State to be 
     funded with funds apportioned to the State under section 
     104(b)(3) of title 23, United States Code, and allocated 
     under section 133(d)(1) of such title.
       ``(g) Criteria.--In determining whether to provide 
     financial assistance to fund an element under subsection (a), 
     the Secretary shall consider how the element meets the 
     criteria identified in section 1001(c), the information 
     contained in the relevant corridor master plan, commitments 
     by State and local governments to fund any increases in the 
     operating deficit of the National Railroad Passenger 
     Corporation with respect to that Corporation's operation over 
     the designated corridor that result from the completion of 
     the element, and such other information as the Secretary 
     considers appropriate.
       ``(h) Final Safety Regulations; Disbursement Limitation.--
     (1) The Secretary shall issue final regulations concerning 
     the safety of high-speed rail service that address, at a 
     minimum, the following subjects:
       ``(A) rail vehicle integrity;
       ``(B) passenger and crew protection and emergency 
     evacuation;
       ``(C) rail vehicle-track interaction;
       ``(D) separation and closure of highway-rail grade 
     crossings;
       ``(E) necessary train control and signaling systems;
       ``(F) the operation of high-speed and conventional 
     passenger trains, commuter trains, and freight trains in the 
     same corridor (including the means for ensuring safety in a 
     corridor while preserving the existing level of rail service 
     generally); and
       ``(G) protection against undetected incursions into the 
     right-of-way.
       ``(2) Upon disbursing any funds for improvements under 
     subsection (c)(4), the Secretary shall publish a notice in 
     the Federal Register--
       ``(A) certifying that any final safety standards that are 
     essential to ensure that those specific improvements are 
     consistent with a safe operating environment for high-speed 
     rail service are in effect; and
       ``(B) specifying what those standards are.
       ``(i) Early Assistance.--The Secretary may provide 
     financial assistance under subsection (a) for an element not 
     contained in a corridor master plan prepared under section 
     1002 only if such financial assistance is provided, with 
     respect to a designated corridor, before the expiration of 30 
     months after the date of enactment of the High-Speed Ground 
     Transportation Development Act of 1993.

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

       ``(a) Authority.--The Secretary is authorized to undertake 
     research and development of high-speed rail technologies for 
     commercial application in high-speed rail service in the 
     United States.
       ``(b) Eligible Recipients.--In carrying out activities 
     authorized by subsection (a), the Secretary may provide 
     financial assistance to any United States private business, 
     educational institution located in the United States, State 
     or local government or public authority, or agency of the 
     Federal Government.
       ``(c) Defense Conversion.--The Secretary shall give a high 
     priority to proposals under this section which encourage 
     civilian application to high-speed rail of defense-related 
     technologies.

     ``SEC. 1005. INSURANCE REQUIREMENTS.

       ``(a) Insurance Contract and Certification.--(1) Before 
     financial assistance may be provided under section 1003 for a 
     designated corridor, the applicant shall--
       ``(A) enter into an arrangement for the provision of 
     liability insurance coverage, in an amount (subject to 
     subsection (c)) of $500,000,000 per occurrence, to compensate 
     for any and all loss from compensatory and punitive damage 
     claims, against such applicant, the operator of the proposed 
     high-speed rail service, or the owners and operators of the 
     track and other rail facilities that will be used for such 
     high-speed rail service, for death, bodily injury, or loss of 
     or damage to property resulting from an accident or incident 
     involving--
       ``(i) on designated corridors having intercity rail 
     passenger service on October 1, 1993, operation of a train in 
     excess of maximum speeds for intercity passenger trains in 
     timetables in effect on October 1, 1993, on the applicant's 
     corridor;
       ``(ii) on designated corridors having rail service but no 
     rail passenger service on October 1, 1993, operation of a 
     train in excess of maximum speeds for passenger trains 
     permitted on the applicant's corridor under section 213.9 of 
     title 49, Code of Federal Regulations, on October 1, 1993; 
     and
       ``(iii) on designated corridors for which new rail lines 
     are being built, operation of rail passenger service, 
     regardless of the nature of the conduct causing such death, 
     bodily injury, loss, or damage; and
       ``(B) certify to the Secretary that the applicant has 
     entered into such arrangement for insurance coverage.
       ``(2) For purposes of this section, the term `insurance 
     coverage'--
       ``(A) as applicable to the primary layer of insurance up to 
     $25,000,000 per occurrence, includes self-insurance by any 
     person insured under the applicable coverage and mutual 
     indemnification agreements among any combination of such 
     persons; and
       ``(B) as applicable to layers of insurance above 
     $25,000,000 per occurrence, includes self-insurance and 
     mutual indemnification agreements that are agreed to by all 
     persons required to be insured under the applicable coverage.

     Such term includes self-insurance or mutual indemnification 
     agreements described under subparagraphs (A) or (B) only to 
     the extent authorized under the law of any State in which the 
     applicable rail service is operated.
       ``(b) Restriction on Operations.--On designated corridors 
     upgraded with assistance provided under section 1003, unless 
     insurance coverage as described in subsection (a) is in 
     force, rail passenger service shall not--
       ``(1) on designated corridors having intercity rail 
     passenger service October 1, 1993, be operated in excess of 
     maximum speeds for intercity passenger trains in timetables 
     in effect on October 1, 1993, on the applicant's corridor;
       ``(2) on designated corridors having rail service but no 
     rail passenger service on October 1, 1993, be operated in 
     excess of maximum speeds for passenger trains permitted on 
     the applicant's corridor under section 213.9 of title 49, 
     Code of Federal Regulations; and
       ``(3) on designated corridors for which new rail lines are 
     being build, be operated.
       ``(c) Interstate Commerce Commission Jurisdiction.--Upon 
     the petition of a person insured under insurance coverage 
     purporting to be as described in subsection (a), the 
     Commission shall, within 90 days after its receipt of such 
     petition, determine the adequacy of such coverage. The 
     petitioner shall have the burden of proving, by a 
     preponderance of the evidence, the inadequacy of such 
     insurance coverage (including the sufficiency of the amount 
     specified in subsection (a)) with respect to the corridor for 
     high-speed rail service is proposed and with respect to the 
     potential liability of the petitioner. In making its 
     determination, the Commission shall employ the usual and 
     customary underwriting methodology of insurers of rail 
     activities, taking into account the speeds at which passenger 
     trains are proposed to operate in the corridor, any safety 
     features, rules, and procedures created in connection with 
     such proposed high-speed rail service, and the existence and 
     applicability of other insurance coverage for the petitioner. 
     In no event shall the Commission provide for a lower level of 
     insurance coverage than is provided by subsection (a). In the 
     event the Commission determines that insurance coverage is 
     inadequate, the Commission shall determine the level of 
     insurance coverage that is adequate. The applicant shall then 
     provide coverage at that level.
       ``(d) Multiple Corridors.--Nothing in this section shall 
     preclude respective applicants from jointly procuring the 
     insurance coverage required pursuant to subsection (a) so 
     that such insurance covers more than one corridor.

     ``SEC. 1006. BUY AMERICA REQUIREMENTS.

       ``(a) General Rule.--Except as provided in subsection (b), 
     an applicant receiving financial assistance under section 
     1003 shall ensure that the articles, materials, and supplies 
     purchased with such financial assistance are substantially 
     all of United States manufacture or production. An applicant 
     that fails to meet the requirement of this section may not 
     receive further assistance under section 1003.
       ``(b) Exemption.--The Secretary may grant an exemption from 
     this section to an applicant with respect to the purchase of 
     articles, materials, or supplies, or may grant an exemption 
     for any improvement incorporating such articles, materials, 
     or supplies, if the Secretary determines that--
       ``(1) the application of this section is inconsistent with 
     the public interest;
       ``(2) the cost of imposing such requirements with respect 
     to such articles, materials, or supplies is unreasonable;
       ``(3) such articles, materials, or supplies are not 
     produced or manufactured in the United States in sufficient 
     and reasonably available quantities or of a satisfactory 
     quality;
       ``(4) such articles, materials, or supplies cannot be 
     purchased and delivered in the United States within a 
     reasonable time; or
       ``(5) such articles, materials, or supplies are produced or 
     manufactured in a country that the President has determined, 
     in its government procurement contracts, treats articles, 
     materials, or supplies produced or manufactured in the United 
     States on a national treatment basis.
       ``(c) Exception.--This section shall not apply with respect 
     to an element in any case in which the total cost of the 
     articles, materials, or supplies purchased in connection with 
     such element with financial assistance provided under section 
     1003 is less than $1,000,000.

     ``SEC. 1007. LABOR STANDARDS.

       ``(a) Requirement To Provide Protective Arrangements.--A 
     recipient of Federal assistance under section 1003, for 
     improvements described in section 1003(c)(4), shall provide 
     fair and equitable arrangements to protect the interests of 
     rail employees who may be affected by such assistance. Such 
     arrangements shall include the guidelines issued by the 
     Secretary of Labor under subsection (c). The Secretary shall 
     be satisfied that the arrangements include the Secretary of 
     Labor's guidelines before providing financial assistance 
     under section 1003.
       ``(b) Operator Responsibility for Costs.--Where State law 
     prohibits the recipient of Federal assistance under section 
     1003 from paying the costs of protecting the interests of 
     rail employees in accordance with this section, such costs 
     shall be the responsibility of a beneficiary of such 
     assistance formally identified by the State as having such 
     responsibility or, in the absence of such an identification, 
     the operator of high-speed rail service operating within the 
     applicable designated corridor.
       ``(c) Issuance of Guidelines.--The Secretary of Labor 
     shall, within 90 days after the date of enactment of this 
     title, issue guidelines on what arrangements are needed to 
     satisfy this section. The guidelines shall be as protective 
     of employee interests as the requirements of section 405(b) 
     of the Rail Passenger Service Act (45 U.S.C. 565(b)) and 
     shall include provisions regulating subcontracting of work 
     funded by financial assistance provided under section 1003.

     ``SEC. 1008. APPLICABILITY OF OTHER LAWS.

       ``The operator of a high-speed rail service operating in 
     interstate commerce or over a rail line operated in 
     interstate commerce, within a designated corridor that 
     receives financial assistance under section 1003, shall, with 
     respect to such high-speed rail service, be subject to 
     applicable laws with respect to such service, including, but 
     not limited to, the Railway Labor Act (45 U.S.C. 151 et 
     seq.), the Railroad Retirement Act of 1974 (45 U.S.C. 231 et 
     seq.), the Railroad Retirement Tax Act (26 U.S.C. 3201 et 
     seq.), and the Railroad Unemployment Insurance Act (45 U.S.C. 
     351 et seq.).

     ``SEC. 1009. DEFINITIONS.

       ``For purposes of this title--
       ``(1) the term `applicant' means a public agency designated 
     under section 1001(b) or (d)(3), or a group of such public 
     agencies, seeking financial assistance under this title for 
     development of a designated corridor;
       ``(2) the term `corridor' means an existing or proposed 
     route for high-speed rail serving two or more major 
     metropolitan areas in the United States;
       ``(3) the term `designated corridor' means a corridor 
     designated by the Secretary under section 1001;
       ``(4) the term `element' means a discrete portion of a 
     program to develop a designated corridor that has a 
     demonstrable intercity ground transportation benefit 
     independent of other improvements to such corridor;
       ``(5) the term `financial assistance' includes grants, 
     contracts, and cooperative agreements;
       ``(6) the term `high-speed rail' has the meaning given such 
     term under section 511(n) of this Act;
       ``(7) the term `improvement' means a discrete activity that 
     contributes to the development of the infrastructure of a 
     designated corridor;
       ``(8) the term `rolling stock' means locomotives and rail 
     passenger cars;
       ``(9) the term `State' means any of the several States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States; and
       ``(10) the term `United States private business' means a 
     business entity organized under the laws of the United 
     States, or of a State, and conducting substantial business 
     operations in the United States.''.

     SEC. 4. EXEMPTIONS FOR NORTHEAST CORRIDOR IMPROVEMENT 
                   PROJECT.

       Section 705 of the Railroad Revitalization and Regulatory 
     Reform Act of 1976 (45 U.S.C. 855) is amended by adding at 
     the end the following new subsection:
       ``(c) Applicable Exemptions and Procedures.--For the 
     purpose of any State or local requirement for permit or other 
     approval for construction of any improvement undertaken by 
     Amtrak as part of the Northeast Corridor Improvement Project, 
     the exemptions and procedures applicable to a project 
     undertaken by the Federal Government or an agency thereof 
     shall apply.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) High-Speed Rail Assistance.--There are authorized to be 
     appropriated to the Secretary of Transportation for the 
     national high-speed rail assistance program authorized under 
     sections 1001, 1002, and 1003 of the Railroad Revitalization 
     and Regulatory Reform Act of 1976--
       (1) $96,000,000 for fiscal year 1994;
       (2) $166,000,000 for fiscal year 1995;
       (3) $183,000,000 for fiscal year 1996;
       (4) $238,000,000 for fiscal year 1997; and
       (5) $299,000,000 for fiscal year 1998.
       (b) Technology Development.--There are authorized to be 
     appropriated to the Secretary of Transportation for high-
     speed rail technology development authorized under section 
     1004 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976--
       (1) $15,000,000 for fiscal year 1994;
       (2) $15,000,000 for fiscal year 1995;
       (3) $15,000,000 for fiscal year 1996;
       (4) $15,000,000 for fiscal year 1997; and
       (5) $15,000,000 for fiscal year 1998.
       (c) Administrative Expenses of Secretary.--Of the amounts 
     authorized to be appropriated under subsections (a) and (b), 
     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 title X of the Railroad Revitalization 
     and Regulatory Reform Act of 1976, as added by section 3 of 
     this Act.
       (d) Administrative Expenses of Public Agencies.--Of the 
     amounts authorized to be appropriated under subsection (a), 
     the Secretary of Transportation may reserve up to 1 percent 
     for the purpose of providing financial assistance under 
     section 1001(e).
       (e) Funds To Remain Available.--Funds made available under 
     this section shall remain available until expended.

     SEC. 6. GRADE CROSSING SIGNAL DEVICES.

       Section 202 of the Federal Railroad Safety Act of 1970 (45 
     U.S.C. 431) is amended--
       (1) by redesignating the subsections after the first 
     subsection (r) as subsections (s), (t), (u), and (v), 
     respectively; and
       (2) by adding at the end the following new subsection:
       ``(w) Grade Crossing Signal Devices.--The Secretary shall, 
     within 1 year after the date of enactment of this subsection, 
     establish nationally uniform standards regarding the 
     allocation of responsibility for selection and installation 
     of signal devices at public railroad-highway grade 
     crossings.''.

     SEC. 7. COLUMBUS AND GREENVILLE RAILWAY.

       (a) Redemption of Outstanding Obligations and 
     Liabilities.--Notwithstanding any other provision of law, the 
     Secretary of Transportation, or the Secretary of the 
     Treasury, if a holder of any of the obligations, shall allow 
     the Delta Transportation Company, d/b/a the Columbus & 
     Greenville Railway, to redeem the obligations and liabilities 
     of such company which remain outstanding under sections 505 
     and 511 of the Railroad Revitalization and Regulatory Reform 
     Act of 1976 (45 U.S.C. 825, 831).
       (b) Value.--For purposes of subsection (a), the value of 
     each of the obligations and liabilities shall be an amount 
     equal to the value established under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).


                           Amendment No. 2570

      (Purpose: To authorize appropriations for high-speed ground 
                            transportation)

  Mr. FORD. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Ford], for Mr. Exon, 
     proposes an amendment numbered 2570.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``High-Speed Ground 
     Transportation Development Act of 1994''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--
       The Congress finds that--
       (1) high-speed rail service offers safe transportation in 
     certain densely traveled 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) new high-speed rail service should not receive Federal 
     subsidies for operating and maintenance expenses;
       (5) State and local governments should take the prime 
     responsibility for the development and implementation of 
     high-speed rail service;
       (6) the private sector should participate in funding the 
     development of high-speed rail systems;
       (7) in some intercity corridors, Federal planning 
     assistance may be required to supplement the funding 
     commitments of State and local governments and the private 
     sector to ensure the adequate planning, including reasonable 
     estimates of the costs and benefits, of high-speed rail 
     systems;
       (8) improvement of existing technologies can facilitate the 
     development of high-speed rail systems in the United States; 
     and
       (9) Federal assistance is required for the improvement, 
     adaptation, and integration of technologies for commercial 
     application in high-speed rail service in the United States.
       (b) Purpose.--The purpose of this Act is to encourage 
     farsighted State, local, and private efforts in the analysis 
     and planning for high-speed rail systems in appropriate 
     intercity travel corridors.

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

       (a) In General.--Part C of subtitle IV of title 49, United 
     States Code (relating to passenger transportation) is amended 
     by adding at the end the following new chapter:

               ``CHAPTER 251--HIGH-SPEED RAIL ASSISTANCE

     ``Sec. 25101. Corridor planning

       ``(a) Authority.--The Secretary may provide financial 
     assistance to an applicant, based upon the criteria set forth 
     in subsection (d) of this section, to fund corridor planning 
     under subsection (b)(1) of this section.
       ``(b) Eligible Activities.--
       ``(1) A corridor planning activity is eligible for 
     financial assistance under subsection (c) if the Secretary 
     determines that it is necessary to establish appropriate 
     engineering, operational, financial, environmental, or 
     socioeconomic projections for the establishment of high-speed 
     rail service in the corridor and that it leads toward 
     development of a prudent financial and institutional plan for 
     implementation of specific high-speed rail improvements. 
     Eligible corridor planning activities include--
       ``(A) environmental assessments;
       ``(B) feasibility studies emphasizing commercial technology 
     improvements or applications;
       ``(C) economic analyses, including ridership, revenue and 
     operating expense forecasting;
       ``(D) assessing the impact on rail employment of developing 
     high-speed rail corridors;
       ``(E) assessing community economic impacts;
       ``(F) interface with State and metropolitan area 
     transportation planning and corridor planning with other 
     States;
       ``(G) operational planning;
       ``(H) route selection analyses;
       ``(I) preliminary engineering and design;
       ``(J) identification of specific improvements to a 
     corridor, including electrification, line straightening, 
     grade crossing closings, and other right-of-way improvements, 
     bridge rehabilitation and replacement, use of advanced 
     locomotives and rolling stock, ticketing, interface with 
     other modes of transportation, parking and other means of 
     passenger access, track, signal, station and other capital 
     works, and use of intermodal terminals;
       ``(K) preparation of financing plans and prospectuses; and
       ``(L) creation of public/private partnerships.
       ``(2) No financial assistance shall be provided under this 
     section for corridor planning with respect to the main line 
     of the Northeast Corridor, between Washington, District of 
     Columbia, and Boston, Massachusetts.
       ``(c) Corridor Planning Assistance.--
       ``(1) The Secretary may provide under this subsection 
     financial assistance to an applicant for corridor planning 
     for up to 50 percent of the publicly financed costs 
     associated with eligible activities.
       ``(2) No less than twenty percent of publicly financed 
     costs associated with eligible activities shall come from 
     State and local sources, which State and local sources cannot 
     include funds from any Federal program.
       ``(d) Criteria for Determining Financial Assistance.--
     Selection by the Secretary of applicants for financial 
     assistance under this section shall be based on such criteria 
     as the Secretary considers appropriate, including--
       ``(A) the relationship or inclusion of the corridor in the 
     Secretary's national high-speed ground transportation policy;
       ``(B) the extent to which the proposed planning focuses on 
     systems which will achieve sustained speeds of 125 miles per 
     hour or greater;
       ``(C) the integration of the corridor into metropolitan 
     area and Statewide transportation planning;
       ``(D) the potential interconnection of the corridor with 
     other parts of the Nation's transportation system, including 
     the interconnection with other countries;
       ``(E) the anticipated effect of the corridor on the 
     congestion of other modes of transportation;
       ``(F) whether the work to be funded will aid the efforts of 
     State and local governments to comply with the Clean Air Act;
       ``(G) the past and proposed financial commitments and other 
     support of State and local governments and the private sector 
     to the proposed high-speed rail program, including the 
     acquisition of rolling stock;
       ``(H) the estimated level of ridership;
       ``(I) the estimated capital cost of corridor improvements, 
     including the cost of closing, improving or separating 
     highway-rail grade crossings;
       ``(J) rail transportation employment impacts;
       ``(K) community economic impacts;
       ``(L) the extent to which the projected revenues of the 
     high-speed rail service to be planned, along with any 
     financial commitments of State or local governments and the 
     private sector, are expected to cover capital costs and 
     operating and maintenance expenses; and
       ``(M) whether a route has been selected, specific 
     improvements identified, and capacity studies completed.

     ``Sec. 25102. High-speed rail technology improvements

       ``(a) Authority.--The Secretary is authorized to undertake 
     activities for the improvement, adaption, and integration of 
     technologies for commercial application in high-speed rail 
     service in the United States.
       ``(b) Eligible Recipients.--In carrying out activities 
     authorized in subsection (a), the Secretary may provide 
     financial assistance to any United States private business, 
     educational institution located in the United States, State 
     or local government or public authority, or agency or the 
     Federal Government.
       ``(c) Consultation With Other Agencies.--In carrying out 
     activities authorized in subsection (a), the Secretary shall 
     consult with such other governmental agencies as may be 
     necessary concerning the availability of appropriate 
     technologies for commercial application in high-speed rail 
     service in the United States.

     ``Sec. 25103. Definitions.

       ``For purposes of this chapter--
       ``(1) the term `applicant' means a public agency, or a 
     group of such public agencies, seeking financial assistance 
     under this title;
       ``(2) the term `financial assistance' includes grants, 
     contracts, and cooperative agreements;
       ``(3) the term `high-speed rail' means rail passenger 
     transportation expected to reach and maintain speeds of 125 
     miles per hour or greater;
       ``(4) the term `publicly funded costs' means the costs 
     funded after April 29, 1993, by Federal, State and local 
     governments;
       ``(4) the term ``State'' means any of the several States, 
     the District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States;
       ``(5) the term `United States private business' means a 
     business entity organized under the laws of the United 
     States, or of a State, and conducting substantial business 
     operations in the United States.''.

     ``Sec. 25104. Safety regulations

       ``The Secretary shall promulgate such safety regulations as 
     may be necessary for high-speed rail services.''.

     SEC. 4. COLUMBUS AND GREENVILLE RAILWAY.

       (a) Redemption of Outstanding Obligations and 
     Liabilities.--Notwithstanding any other provision of law, the 
     Secretary of Transportation, or the Secretary of the 
     Treasury, if a holder of any of the obligations, shall allow 
     the Delta Transportation Company, doing business as the 
     Columbus & Greenville Railway, to redeem the obligations and 
     liabilities of such company which remain outstanding under 
     sections 505 and 511 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (45 U.S.C. 825 and 831, 
     respectively).
       (b) Value.--For purposes of subsection (a), the value of 
     each of the obligations and liabilities shall be an amount 
     equal to the value established under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization For FY 1995.--There is authorized to be 
     appropriated to the Secretary of Transportation $29,000,000 
     for financial assistance authorized under sections 25101 and 
     25102 of title 49, United States Code.
       (b) Authorization for FY 1996.--There is authorized to be 
     appropriated to the Secretary--
       (1) $40,000,000 for financial assistance authorized under 
     section 25101 of title 49, United States Code; and
       (2) $30,000,000 for financial assistance authorized under 
     section 25102 of title 49, United States Code.
       (c) Authorizations For FY 1997.--There is authorized to be 
     appropriated to the Secretary of Transportation--
       (1) $40,000,000 for financial assistance authorized under 
     section 25101 of title 49, United States Code; and
       (2) $30,000,000 for financial assistance authorized under 
     section 25102 of title 49, United States Code.
       (d) Administrative Expenses of Secretary.--Of the amounts 
     authorized to be appropriated under subsections (a), (b) and 
     (c), 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 chapter 251 of title 49, United States 
     Code.
       (e) Funds to Remain Available.--Funds made available under 
     this section shall remain available until expended.
  Mr. EXON. Mr. President, I am pleased to offer a compromise 
substitute amendment to the High-Speed Ground Transportation Act. I was 
pleased to work on this compromise with the Secretary of Transportation 
and the chairman of the Senate Commerce Committee. This legislation 
focuses attention and resources on high-speed rail research and 
corridor planning as well as incorporates the vision for high-speed 
rail into the comprehensive national transportation plan.
  Admittedly, this proposal is a scaled-back version of the bill which 
won bipartisan, unanimous Senate Commerce Committee support. While I am 
very proud of that more comprehensive bill, the compromise before the 
Senate comes to terms with constraints of the Senate Calendar, the 
concerns of my colleagues, and the Federal budget. As the author of the 
Exon-Grassley budget amendment, I frankly welcome making tough choices 
of this nature.
  The compromise plan lengthens the horizon for high-speed rail 
deployment and defers some questions which will arise with 
construction, such as liability and fair treatment for labor. These 
issues must eventually be addressed. I predict that these problems will 
be addressed in a manner very similar to the high-speed rail bill which 
won the support of the Senate Commerce Committee last year.
  That being said, I am pleased with the substitute amendment. It keeps 
the vision of high-speed rail service and increased rail employment 
alive. It focuses in on the key precursors to construction as the 
administration develops transportation strategy for the next century.
  After 12 long years of fighting to defend subsistence investments in 
Amtrak, the significance of this day can not be underestimated. With 
the adoption of this legislation, the Nation enters a new era of rail 
transportation. Just as ribbons of steel and billows of steam helped 
unite a young America in the 1800's, sleek trains and advanced 
technology will carry a modern America into a prosperous new century.

  Rail transportation is safe, fuel efficient, and environmentally 
friendly. Today's investment in high-speed rail will pay significant 
dividends in the next century. High-speed rail holds great promise for 
reducing traffic congestion on the ground and in the air, boosting 
employment, and regaining America's edge in rail and maglev technology.
  As a Senator from the great State with a long, rich rail history, I 
am especially proud to help create a new American industry. High-speed 
rail and maglev service, technology research and manufacturing will 
create good American jogs at good wages. This initiative also holds a 
key to converting defense industries into civilian powerhouses. It also 
creates an opportunity for America to become a player in a major export 
sector. In recent years European and Japanese companies have won 
significant contracts for high-speed rail service in Korea, China, and 
elsewhere.
  Because American passenger rail service has been starved for 
investment for so long, by and large, American firms were not even 
players in these major export opportunities. A major step is being 
taken to at last join the fray.
  Even for States which will not see high-speed rail service or related 
manufacturing jobs in the near future, the benefits of this legislation 
will be real and significant. Modern high-speed rail service will help 
make airport capacity problems at high-density airports more 
manageable. Presently, commuter service consumes a significant number 
of limited landing slots at America's four most popular airports. As 
high-speed rail attracts short and medium distance travelers, limited 
airport landing slots will become more available for long distance 
travelers. In other words, it will become easier for Nebraskans to fly 
to destinations such as Chicago, New York, and Washington, DC.

  For States like Nebraska, with many railroad retirees, the future of 
those seniors will be made more secure with the revitalization of 
railroad employment and the increased contributions to the railroad 
retirement system that employment brings. For the conventional rail 
industry, this high-speed rail will bring new technology development, 
grade crossing elimination, and infrastructure improvements which will 
enhance all passenger and freight service.
  In summary, Mr. President, when it comes to American high-speed rail 
and maglev, it is all aboard.
  I encourage my colleagues to support this landmark legislation.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 2570) was agreed to.
  Mr. FORD. I move to reconsider the vote, and to lay that on the 
table.
  The motion to lay on the table was agreed to.
  Mr. FORD. Mr. President, I ask unanimous consent that the committee 
substitute, as amended, be agreed to and the bill, as amended, be read 
the third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment, as amended, was agreed to.
  The bill was read the third time.
  Mr. GORTON. Mr. President, I am pleased to have another opportunity 
to express my strong support for the High Speed Rail Development Act.
  I am especially excited that Washington State directly benefits from 
its implementation. Having one of the five national high-speed rail 
corridors extending from Vancouver, BC to Eugene, Or will alleviate 
many of the clogged highways in Washington State.
  I am delighted that action is being taken to expand our Nation's use 
of new transportation technology. I have heard from numerous frustrated 
Washington State residents about the need for alternative cost-
effective intercity passenger service. The development of the high-
speed rail corridors is exactly the answer.
  High-speed rail will offer a safe and efficient complement to 
existing intercity transportation modes. It has a distinct 
environmental advantage over other forms of intercity transportation 
and the Northwest will clearly benefit from its development.
  I would like to especially thank my colleague in the House, 
Representative Al Swift, who has been a tireless advocate for improved 
Amtrak and high speed rail service in the Northwest. I have worked with 
Representative Swift on language that is very important to the 
development of our corridor in the Northwest and I am very pleased that 
the committee has included my suggested amendments to this legislation.
  Mr. HOLLINGS. Mr. President, today we are considering S. 839, the 
High-Speed Ground Transportation Development Act, as amended. What is 
before the Senate is an amendment in the nature of a substitute, 
offered by Senator Exon to the bill reported by the Commerce Committee. 
I support this substitute amendment.
  I have endorsed for some time a federal role in the promotion of 
high-speed ground transportation development in the United States. I 
view the Federal role as important in this area for two reasons. First, 
Federal support for research and development of new high-speed ground 
transportation technologies can enhance our Nation's economic and 
technology competitiveness and manufacturing base. Second, I believe 
that establishing new high-speed surface transportation systems to 
serve the national transportation needs of our country represents an 
important policy objective for our Nation.
  The technologies that underlie high-speed rail systems can improve 
the safety and efficiency of our surface transportation system. 
Moreover, these technologies can lead to a reduction in traffic 
congestion, a favorable impact on our environment, and the conservation 
of energy resources.
  Of course, this legislation by itself will not provide us with all of 
these benefits but this amendment is a first and very necessary step to 
that end. It allows the planning for high-speed rail to begin. It 
allows the Federal Government, in partnership with the states, to 
develop a workable program for high-speed rail, beginning with the 
basic determination of which of the Nation's transportation corridors 
can support high-speed rail systems. Finally, it will help to ensure 
that when high-speed rail is a reality, it will meet the national 
transportation needs and be cost-effective. I urge the Senate to 
support the substitute amendment offered by Senator Exon.

                          ____________________