102d CONGRESS
1st Session
S. 811
AN ACT
To require the Secretary of Transportation to lead and coordinate Federal
efforts in the development of magnetic levitation transportation technology
and foster implementation of magnetic levitation and other high-speed rail
transportation systems, and for other purposes.
S 811 ES
102d CONGRESS
1st Session
S. 811
AN ACT
To require the Secretary of Transportation to lead and coordinate Federal
efforts in the development of magnetic levitation transportation technology
and foster implementation of magnetic levitation and other high-speed rail
transportation systems, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SHORT TITLE
  SECTION 1. This Act may be cited as the `High-Speed Rail Transportation
  Act of 1991'.
FINDINGS
  SEC. 2. The Congress finds the following:
  (1) An efficient, integrated transportation network is an essential element
  in assuring the economic progress of the United States.
  (2) Our Nation's current transportation network faces increasing demands
  and limited capacity. The Federal interstate highway system is nearing
  completion and it has been over two decades since the construction of a
  major new airport in the United States.
  (3) Conventional ground and air transportation systems rely heavily on
  fossil fuels, which are in limited supply.
  (4) High-speed rail transportation technologies offer an innovative,
  energy efficient, and environmentally sound way to supplement existing
  transportation modes, increase system capacity, and support economic growth.
  (5) While magnetic levitation (maglev) technology was pioneered in the United
  States, development since 1975 has been concentrated outside of this country.
  (6) Cooperative research and development efforts among industry, the academic
  community, and government are necessary for the United States to regain a
  leadership role in the next generation of maglev and for high-speed rail
  transportation to become a reality in the United States. Federal efforts
  should be directed toward support for a domestic maglev industry and
  construction of viable maglev and other high-speed rail systems, including
  demonstration systems, as part of an integrated transportation network.
  (7) The Department of Transportation has been charged historically with
  promoting advanced transportation systems through the High-Speed Ground
  Transportation Act and has responsibility for the safety of high-speed rail
  and newly emerging technologies pursuant to the Rail Safety Improvement
  Act of 1988.
  (8) In order for high-speed rail transportation to achieve its potential
  within the United States, existing Federal efforts (including the
  National Maglev Initiative) need to be strengthened, with the Department
  of Transportation, in consultation with the Army Corps of Engineers and
  other interested agencies, leading these efforts.
RESEARCH AND DEVELOPMENT
  SEC. 3. The first section of the High-Speed Ground Transportation Act
  (79 Stat. 893) is amended by designating the existing text as subsection
  (a) and by adding at the end the following new subsection:
  `(b) Pursuant to the authority under subsection (a) to undertake research
  and development in high-speed ground transportation, the Secretary,
  in consultation with the Secretaries of Commerce, Energy, and Defense,
  the Administrator of the Environmental Protection Agency, the Assistant
  Secretary of the Army for Public Works, and the heads of other interested
  agencies, shall lead and coordinate Federal efforts in the development
  of magnetic levitation (maglev) transportation technologies and shall
  foster the implementation of magnetic levitation and other high-speed rail
  transportation systems as alternatives to existing transportation systems.'.
COOPERATIVE AGREEMENTS AND FUNDING AGREEMENTS
  SEC. 4. The High-Speed Ground Transportation Act (79 Stat. 893) is amended
  by inserting immediately after section 3 the following new section:
  `SEC. 4. (a) In carrying out the responsibilities of the Secretary under
  the first section, the Secretary is authorized to enter into one or more
  cooperative research and development agreements (as defined by section 12 of
  the Stevenson-Wydler Technology Innovation Act of 1980, 15 U.S.C. 3710a),
  and one or more funding agreements (as defined by section 201(b) of title
  35, United States Code), with United States companies for the purpose of--
  `(1) conducting research to overcome technical and other barriers to the
  development and construction of practical high-speed rail transportation
  systems and to help advance the basic generic technologies needed for
  these systems; and
  `(2) transferring that research and basic generic technologies to industry
  in order to help create a viable commercial high-speed rail transportation
  industry within the United States.
  `(b) In a cooperative agreement or funding agreement under subsection (a),
  the Secretary may agree to provide not more than 80 percent of the cost
  of any project, including any technology demonstration project, under the
  agreement. Not less than 5 percent of the non-Federal entity's share of
  the cost of any such project shall be paid in cash.
  `(c) The research, development, or utilization of any technology pursuant
  to a cooperative agreement under subsection (a), including the terms under
  which such technology may be licensed and the resulting royalties may be
  distributed, shall be subject to the provisions of the Stevenson-Wydler
  Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
  `(d) The research, development, or utilization of any technology pursuant
  to a funding agreement under subsection (a), including the determination
  of all licensing and ownership rights, shall be subject to the provisions
  of chapter 18 of title 35, United States Code.
  `(e) At the conclusion of fiscal year 1993 and again at the conclusion
  of fiscal year 1996, the Secretary shall submit reports to appropriate
  committees of the Senate and House of Representatives regarding research
  and technology transfer activities conducted pursuant to the authorization
  contained in subsection (a).'.
AUTHORIZATION OF APPROPRIATIONS
  SEC. 5. Section 11 of the High-Speed Ground Transportation Act (79 Stat. 895)
  is amended to read as follows:
  `SEC. 11. (a) There are authorized to be appropriated to the Secretary
  $25,000,000 for fiscal year 1992, $40,000,000 for fiscal year 1993,
  $50,000,000 for fiscal year 1994, $60,000,000 for fiscal year 1995, and
  $30,000,000 for fiscal year 1996, to carry out the provisions of this Act.
  `(b) Of the sums authorized to be appropriated under subsection (a)--
  `(1) no more than 40 percent for fiscal year 1992, and no more than 30
  percent for each of the fiscal years 1993, 1994, 1995, and 1996, shall be
  available for research and development; and
  `(2) the balance for each of the fiscal years 1993, 1994, 1995, and 1996
  shall be available for technology demonstration and implementation.'.
COMMERCIAL FEASIBILITY STUDY
  SEC. 6. Section 13 of the High-Speed Ground Transportation Act is amended
  to read as follows:
  `SEC. 13. (a) Within 18 months after the date of enactment of the High-Speed
  Rail Transportation Act of 1991, the Secretary shall complete and submit to
  appropriate committees of the Senate and House of Representatives a study
  of the commercial feasibility of constructing one or more high-speed rail
  transportation systems in the United States. Such study shall consist of--
  `(1) an economic and financial analysis;
  `(2) a technical assessment; and
  `(3) recommendations for model legislation for State and local governments
  to facilitate construction of high-speed rail transportation systems.
  `(b) The economic and financial analysis referred to in subsection (a)(1)
  shall include--
  `(1) an examination of the potential market for a nationwide high-speed
  rail transportation network;
  `(2) an examination of the potential markets for short-haul high-speed
  rail transportation systems and for intercity and long-haul high-speed
  rail transportation systems, including an assessment of--
  `(A) the current transportation practices and trends in each market; and
  `(B) the extent to which high-speed rail transportation systems would relieve
  the current or anticipated congestion on other modes of transportation;
  `(3) projections of the costs of designing, constructing, and operating
  high-speed rail transportation systems, the extent to which such systems
  can recover their costs (including capital costs), and the alternative
  methods available for private and public financing;
  `(4) the availability of rights-of-way to serve each market, including
  the extent to which average and maximum speeds would be limited by the
  curvature of existing rights-of-way and the prospect of increasing speeds
  through the acquisition of additional rights-of-way without significant
  amounts of relocation of residential, commercial, or industrial facilities;
  `(5) a comparison of the projected costs of the various competing high-speed
  rail transportation technologies;
  `(6) recommendations for funding mechanisms, tax incentives, liability
  provisions, and changes in statutes and regulations necessary to facilitate
  the development of individual high-speed rail transportation systems and
  the completion of a nationwide high-speed rail transportation network;
  `(7) an examination of the effect of the construction and operation of
  high-speed rail transportation systems on regional employment and economic
  growth;
  `(8) recommendations for the roles appropriate for local, regional, and State
  governments to facilitate construction of high-speed rail transportation
  systems, including the roles of regional economic development authorities;
  `(9) an assessment of the potential for a high-speed rail transportation
  technology export market;
  `(10) recommendations regarding the coordination and centralization of
  Federal efforts relating to high-speed rail transportation;
  `(11) an examination of the role of the National Railroad Passenger
  Corporation in the development and operation of high-speed rail
  transportation systems; and
  `(12) any other economic or financial analyses the Secretary considers
  important for carrying out this Act.
  `(c) The technical assessment referred to in subsection (a)(2) shall
  include--
  `(1) an examination of the various technologies developed for use in the
  transportation of passengers by high-speed rail, including a comparison
  of the safety (including dangers associated with grade crossings), energy
  efficiency, operational efficiencies, and environmental impacts of each
  system;
  `(2) an identification of those system concepts that might be appropriate
  for further development and implementation of magnetically levitated
  high-speed rail technology;
  `(3) an examination of the potential of United States industries
  to participate in the development and manufacture of high-speed rail
  transportation systems, including the potential to `leapfrog', or exceed,
  existing high-speed rail transportation technologies and produce a superior
  domestically designed product;
  `(4) an examination of the work being done to establish safety standards
  for high-speed rail transportation as a result of the enactment of section
  7 of the Rail Safety Improvement Act of 1988;
  `(5) an examination of the need to establish appropriate technological,
  quality, and environmental standards for high-speed rail transportation
  systems;
  `(6) an examination of the significant unresolved technical issues
  surrounding the design, engineering, construction, and operation of
  high-speed rail transportation systems, including the potential for the
  use of existing rights-of-way;
  `(7) an examination of the effects on air quality, energy consumption,
  noise, land use, health, and safety as a result of the decreases in traffic
  volume on other modes of transportation that are expected to result from
  the full-scale development of high-speed rail transportation systems; and
  `(8) any other technical assessments the Secretary considers important
  for carrying out this Act.'.
HIGH-SPEED RAIL TECHNOLOGY DEVELOPMENT
  SEC. 7. The High-Speed Ground Transportation Act is amended by adding at
  the end the following new section:
  `SEC. 14. (a)(1) The Secretary, in consultation with the Secretaries of
  Commerce, Energy, and Defense, the Administrator of the Environmental
  Protection Agency, and the Assistant Secretary of the Army for Civil
  Works, shall develop detailed designs for those high-speed rail system
  technological concepts that, in the opinion of the Secretary, have the
  potential for successful application in the United States and have the
  potential for significant participation by United States industries in
  the development and manufacture of such technology, and that otherwise
  warrant further development.
  `(2) In carrying out paragraph (1), the Secretary shall develop the detailed
  designs of not less than two, nor more than four, of the system concepts
  identified under section 13(c)(2) that, in the opinion of the Secretary,
  have demonstrated the greatest technical merit and greatest likelihood for
  resolving any outstanding technical issues, including the development of
  a full-scale prototype.
  `(b)(1) The Secretary may award multiple grants or contracts for the
  development of the designs pursuant to subsection (a).
  `(2) In awarding such grants and contracts, the Secretary shall consider
  such factors as the proposed design's likely ability to meet existing and
  future domestic transportation requirements; probable initial system capital
  costs; probable long-term system operating and maintenance costs; safety;
  environmental effects; the proposed design's likely ability to achieve
  sustained high speeds; the proposed design's likely ability to utilize
  available rights-of-way; the proposed design's potential to contribute to
  technological advancement and innovation; the potential awardee's resources,
  capabilities, and history of successfully designing and developing systems
  of similar complexity; and the extent to which the potential awardee would
  share in the cost of the development of such a design.
  `(3) Grants for the development of such designs shall be for activities
  the Secretary deems appropriate and may include, but not be limited to,
  the development, testing, and evaluation of scale models of systems and
  the development, testing, and evaluation of full scale prototypes of major
  system subcomponents.
  `(4) No trade secrets or commercial or financial information that is
  privileged or confidential under the meaning of section 552(b)(4) of title
  5, United States Code, which is obtained from a United States business,
  research, or education entity as a result of activities under this section
  shall be disclosed.
  `(5) The research, development, and use of any technology developed pursuant
  to an agreement reached pursuant to this section, including the terms under
  which any technology may be licensed and the resulting royalties distributed,
  shall be subject to the Stevenson-Wydler Technology Innovation Act of
  1980 (15 U.S.C. 3701 et seq.). In addition, the Secretary may require any
  grant recipient to assure that research and development shall be performed
  substantially in the United States, and that the products embodying the
  inventions made under any agreement pursuant to this section or produced
  through the use of such inventions shall be manufactured substantially in
  the United States.
  `(c)(1) The Secretary shall provide periodic reports to the appropriate
  committees of the Congress on the progress of activities performed pursuant
  to this section.
  `(2) Not later than February 1, 1996, the Secretary shall transmit to
  the appropriate committees of the Congress a report that identifies which
  detailed designs, if any, warrant development as a full-scale prototype.
  `(3) The report required by paragraph (2) shall include a detailed plan,
  schedule, and estimate for the development of any full-scale prototype as
  well as recommendations for mechanisms to fund the development of such a
  prototype in a manner that ensures that the maximum practicable amount of
  funding comes from non-Federal sources.'.
NATIONAL HIGH-SPEED RAIL TRANSPORTATION POLICY
  SEC. 8. The High-Speed Ground Transportation Act, as amended by section 7 of
  this Act, is further amended by adding at the end the following new section:
  `SEC. 15. (a) Within 6 months after the submission of the study required
  by section  13, the Secretary shall establish the National High-Speed
  Rail Transportation Policy (hereafter in this section referred to as the
  `Policy').
  `(b) The Policy shall include--
  `(1) provisions to  promote the design, construction, and operation of
  high-speed rail transportation systems in the United States;
  `(2) a determination whether the various competing  high-speed rail
  transportation technologies can be effectively integrated into a national
  network and, if not, whether one or more such technologies should receive
  preferential encouragement from  the Federal Government to enable the
  development of such a national network;
  `(3) a strategy for prioritizing the markets and corridors in which
  the construction of high-speed rail transportation systems should be
  encouraged; and
  `(4) provisions designed to promote American competitiveness in the market
  for high-speed rail transportation technologies.
  `(c) The Secretary shall solicit comments from the public in the development
  of the Policy and may consult with other Federal agencies as appropriate
  in drafting the Policy.'.
HIGH-SPEED GROUND TRANSPORTATION OFFICE
  SEC. 9. Section 103 of title 49, United States Code, is amended by adding
  at the end the following new subsection:
  `(e) There is established within the Administration the High-Speed Ground
  Transportation Office, which shall be headed by a Director, who shall
  report to the Administrator. It shall be the function of the Office,
  in consultation with the Army Corps of Engineers, the Federal Highway
  Administration, and the Environmental Protection Agency, to--
  `(1) coordinate Federal  activities related to high-speed rail
  transportation, including research and development and technology
  demonstration and implementation;
  `(2) carry out the Administration's mandate to ensure the safety of
  high-speed rail transportation systems under the Rail Safety Improvement
  Act of 1988; and
  `(3) on an annual basis make recommendations for such legislative or
  administrative action as may be necessary to facilitate the advancement
  and implementation of high-speed rail transportation systems.'.
DEFINITION
  SEC. 10. For purposes of this Act, the term `High-Speed Ground Transportation
  Act' means the Act entitled `An Act to authorize  the Secretary of Commerce
  to undertake research and development in high-speed ground transportation,
  and for other purposes', approved September 30, 1965 (Public  Law 89-220;
  79 Stat. 893).
Passed the Senate October 22 (legislative day, September 19), 1991.
Attest:
Secretary.