H.R.2341 - Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Kim, Jay [R-CA-41] (Introduced 07/31/1997)|
|Committees:||House - Transportation and Infrastructure; Science; Ways and Means|
|Latest Action:||10/07/1997 Sponsor introductory remarks on measure. (CR E1960-1961) (All Actions)|
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Text: H.R.2341 — 105th Congress (1997-1998)All Information (Except Text)
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Introduced in House (07/31/1997)
[Congressional Bills 105th Congress] [From the U.S. Government Printing Office] [H.R. 2341 Introduced in House (IH)] 105th CONGRESS 1st Session H. R. 2341 To amend title 23, United States Code, to authorize Federal participation in financing of projects to demonstrate the feasibility of deployment of magnetic levitation transportation technology, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 31, 1997 Mr. Kim (for himself, Mr. Gilchrest, Mr. Gilman, and Mr. Cardin) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Science and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 23, United States Code, to authorize Federal participation in financing of projects to demonstrate the feasibility of deployment of magnetic levitation transportation technology, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Congress finds that-- (1)(A) new transportation technologies are needed to develop new modes of transportation that are environmentally sound and energy efficient; (B) very high- and super-speed magnetic levitation (referred to in this section as ``MAGLEV'') is the technology that appears to best meet the needs of the traveling public and high-value freight shippers in the 40- to 600-mile distance corridors; (C) MAGLEV is energy efficient, consuming less energy per passenger mile at any given speed than other forms of transportation and reducing dependence on imported oil; (D) since properly designed MAGLEV is virtually impossible to derail, MAGLEV is safe and will prevent accidents and loss of life, and will significantly reduce costs attributable to accidents occurring on highways, freight rail lines, intercity rail passenger service lines, commuter rail lines, and short haul airline routes of the United States; (E) MAGLEV is virtually unaffected by weather conditions, which annually result in delays in other transportation modes employed by freight and passenger carriers; and (F) MAGLEV makes extensive use of existing highway rights- of-way and consumes less land for its guideway infrastructure than a comparable roadway; (2) the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102- 240; 105 Stat. 1978)-- (A) demonstrates that MAGLEV systems have the potential for a public and private partnership under which the private sector could operate a system without operating subsidies and the total benefits of the system would exceed the total costs; and (B) demonstrates that adding links or corridors to the basic MAGLEV system would enhance the basic system, leading to establishment of high-volume high-speed ground transportation networks; and (3) the study required by section 359(d) of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 627) further demonstrates the potential for MAGLEV systems. (b) Policy.--It is the policy of the United States to establish a MAGLEV transportation technology system operating along Federal-aid highway and other rights-of-way as part of a national transportation system of the United States. SEC. 3. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM. (a) In General.--Chapter 3 of title 23, United States Code, is amended by inserting after section 321 the following: ``Sec. 322. Magnetic levitation transportation technology deployment program ``(a) Definitions.--In this section: ``(1) Eligible project costs.--The term `eligible project costs' means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station. ``(2) Full project costs.--The term `full project costs' means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment. ``(3) MAGLEV.--The term `MAGLEV' means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. ``(4) Partnership potential.--The term `partnership potential' has the meaning given the term in the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1978). ``(5) Recognized pilot project.--The term `recognized pilot project' means a project identified in the report transmitted by the Secretary to Congress on the near-term applications of magnetic levitation ground transportation technology in the United States as required by section 359(d) of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 627). ``(b) High-Speed Ground Transportation Office.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997, the Secretary shall establish a High-Speed Ground Transportation Office in the Federal Railroad Administration to-- ``(A) coordinate and administer all high-speed rail and MAGLEV programs authorized by this section and any other provision of this title or title 49; and ``(B) make available financial assistance to provide the Federal share of full project costs of eligible projects selected under this section and otherwise carry out this section. ``(2) Federal share.--The Federal share of full project costs under paragraph (1)(B) shall be not more than \2/3\. ``(3) Use of assistance.--Financial assistance provided under paragraph (1)(B) shall be used only to pay eligible project costs of projects selected under this section. ``(c) Solicitation of Applications for Assistance.--Not later than 90 days after the establishment of the High-Speed Ground Transportation Office, the Secretary shall solicit applications from States, or authorities designated by 1 or more States, for financial assistance authorized by subsection (b)(1)(B) for planning, design, and construction of eligible MAGLEV projects. ``(d) Project Eligibility.--To be eligible to receive financial assistance under subsection (b)(1)(B), a project shall-- ``(1) involve a segment or segments of a high-speed ground transportation corridor that-- ``(A) exhibits partnership potential; or ``(B) is a portion of a recognized pilot project; ``(2) require an amount of Federal funds for project financing that will not exceed-- ``(A) the amounts made available under subsection (k)(1)(A); and ``(B) the amounts made available by States under subsection (k)(4); ``(3) result in an operating transportation facility that provides a revenue producing service; ``(4) be undertaken through a public and private partnership, with at least \1/3\ of full project costs paid using non-Federal funds; ``(5) to the maximum extent practicable (as determined by the Secretary), satisfy applicable Statewide and metropolitan planning requirements; ``(6) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States; ``(7) to the extent non-United States MAGLEV technology is used within the United States, be carried out as a technology transfer project; and ``(8) be carried out using materials at least 70 percent of which are manufactured in the United States. ``(e) Project Selection Criteria.--Prior to soliciting applications, the Secretary shall establish criteria for selecting which eligible projects under subsection (d) will receive financial assistance under subsection (b)(1)(B). The criteria shall include the extent to which-- ``(1) a project is nationally significant, including the extent to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States; ``(2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need for additional highway or airport construction; ``(3) States, regions, and localities financially contribute to the project; ``(4) implementation of the project will create new jobs in traditional and emerging industries; ``(5) the project will augment MAGLEV networks identified as having partnership potential; ``(6) financial assistance would foster public and private partnerships for infrastructure development and attract private debt or equity investment; ``(7) financial assistance would foster the timely implementation of a project; and ``(8) life-cycle costs in design and engineering are considered and enhanced. ``(f) Project Selection.--Not later than 90 days after a deadline established by the Secretary for the receipt of applications, the Secretary shall evaluate the eligible projects in accordance with the selection criteria and select 1 or more eligible projects for financial assistance. ``(g) Special Rule.-- ``(1) In general.--In the case of a State that has in effect, on the date of the enactment of this section, a State law that meets the requirements of paragraph (2), the Secretary may provide funding for a project under subsection (b)(1)(B) even if high-speed rail technologies in addition to MAGLEV are still being evaluated for the project. ``(2) Requirements.--A State law meets the requirements of this paragraph if the State law-- ``(A) directs an entity of the State to prepare a plan to construct and operate a high-speed rail system; and-- ``(B) authorizes the entity to evaluate alternative high-speed rail technologies in preparing of such plan. ``(3) Limitation.--The Secretary may not provide funding under this subsection for any activity that is inconsistent with the implementation of MAGLEV. ``(h) Joint Ventures.--A project undertaken by a joint venture of United States and non-United States persons (including a project involving the deployment of non-United States MAGLEV technology in the United States) shall be eligible for financial assistance under this section if the project is eligible under subsection (d) and selected under subsection (f). ``(i) Research Grants and Contracts.--The Secretary shall conduct research that shall include providing grants to, and entering into contracts with, colleges, universities, research institutes, Federal laboratories, and private entities for research related to-- ``(1) the quantification of benefits derived from the implementation of MAGLEV technology; ``(2) MAGLEV safety; ``(3) the development of domestic MAGLEV technologies, including electromagnetic and superconducting technology; and ``(4) the development of technologies associated with MAGLEV infrastructure. ``(j) Report.--Not later than 180 days after the date of enactment of the Magnetic Levitation (MAGLEV) Transportation Technology Deployment Act of 1997, the Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on progress in implementing this section that includes a report on-- ``(1) the establishment of the High-Speed Ground Transportation Office under subsection (b); ``(2) applications for assistance under this section; and ``(3) the establishment of public and private partnerships to carry out this section. ``(k) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to-- ``(A) carry out this section (other than subsection (i)), $10,000,000 for fiscal year 1998, $20,000,000 for fiscal year 1999, $200,000,000 for each of fiscal years 2000 and 2001, and $250,000,000 for each of fiscal years 2002 and 2003; and ``(B) provide research grants and contracts under subsection (i), $10,000,000 for each of fiscal years 1998 through 2003. ``(2) Availability of funds.--Funds made available under paragraph (1) shall remain available until expended. ``(3) Contract authority.--Approval by the Secretary of an eligible project selected under this section shall be considered to be a contractual obligation of the United States for payment of the Federal share of the full project costs of the project. ``(4) Other federal funds.--Notwithstanding any other provision of law, funds made available to a State to carry out the surface transportation program under section 133 and the congestion mitigation and air quality improvement program under section 149 may be used by the State to pay a portion of the full project costs of an eligible project selected under this section, without requirement for non-Federal funds. ``(5) Other assistance.--Notwithstanding any other provision of law, an eligible project selected under this section shall be eligible for the loans, loan guarantees, lines of credit, development cost and political risk insurance, credit enhancement, and risk insurance that are authorized for a highway project under this title. ``(6) Tax-exempt bond financing.--For the purpose of obtaining tax-exempt bond financing under the Internal Revenue Code of 1986, a MAGLEV facility shall be considered to be a high-speed intercity rail facility with an average speed greater than 150 miles per hour under section 142(a)(11) of that Code.''. (b) Conforming Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by inserting after the item relating to section 321 the following: ``322. Magnetic levitation transportation technology deployment program.''. <all>