Union Calendar No. 146
103D CONGRESS
1ST SESSION
H. R. 1919
[Report No. 103–258]
A BILL
To establish a program to facilitate development of
high-speed rail transportation in the United
States, and for other purposes.
SEPTEMBER 28, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 146
103D CONGRESS
1ST SESSION
H. R. 1919
[Report No. 103–258]
To establish a program to facilitate development of high-speed rail
transportation in the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1993
Mr. DINGELL (for himself, Mr. SWIFT, Ms. SCHENK, Mr. MOORHEAD, Mr.
UPTON, Mrs. COLLINS of Illinois, Mr. WYDEN, Mr. ROWLAND, Mr. MAN-
TON, Mr. CARR, Mr. DURBIN, Mr. FOGLIETTA, Mrs. UNSOELD, and Ms.
CANTWELL) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce
SEPTEMBER 28, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 29, 1993]
A BILL
To establish a program to facilitate development of high-
speed rail transportation in the United States, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘High-Speed Rail Devel-
opment Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) high-speed rail may offer a safe and efficient
alternative to aviation and motor vehicle travel for
intercity transportation in certain corridors linking
major metropolitan areas in the United States;
(2) high-speed rail may have environmental ad-
vantages over certain other forms of intercity trans-
portation;
(3) Amtrak’s Metroliner service between Wash-
ington, District of Columbia, and New York, New
York, the United States premier high-speed rail serv-
ice, has shown that Americans will use high-speed
rail when that transportation option is available;
(4) high-speed rail may help relieve congestion
experienced in densely travelled corridors;
(5) high-speed rail should be developed in those
intercity corridors where such service is appropriate;
(6) new high-speed rail service should not receive
Federal subsidies for operating and maintenance ex-
penses;
(7) State and local governments should take the
prime responsibility for the implementation of high-
speed rail service;
(8) the private sector should participate in fund-
ing the development of high-speed rail systems;
(9) in some intercity corridors, Federal financial
capital assistance is required to supplement the fi-
nancial commitments of State and local governments
and the private sector to ensure the development of the
infrastructure required for high-speed rail systems;
(10) new technologies can facilitate the develop-
ment of high-speed rail in the United States;
(11) the development of these technologies can ex-
pand the competitiveness of United States industry in
this country and overseas; and
(12) 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.
TITLE I—HIGH-SPEED RAIL
DEVELOPMENT
SEC. 101. NATIONAL HIGH-SPEED RAIL ASSISTANCE PRO-
GRAM.
(a) AMENDMENT.—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 title:
‘‘TITLE X—HIGH-SPEED RAIL
ASSISTANCE
‘‘SEC. 1001. DESIGNATION OF CORRIDORS.
‘‘(a) PETITION.—The Governor or Governors of a State
or States that substantially encompass a proposed corridor
may petition the Secretary for designation under this sec-
tion.
‘‘(b) CONTENTS.—Any petition submitted pursuant to
subsection (a) shall include such information as the Sec-
retary determines by regulation to be necessary to evaluate
the merits of that corridor. Any such petition shall also des-
ignate a public agency, for each petitioning 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 sec-
tions 1002 or 1003.
‘‘(c) CRITERIA FOR DESIGNATION.—The Secretary is
authorized to designate as a designated corridor any cor-
ridor where the Secretary determines that high-speed rail
offers the potential for cost-effective intercity passenger
transportation as part of the Nation’s transportation sys-
tem. Such designation shall be based on such criteria as
the Secretary considers appropriate, including—
‘‘(1) the integration of the designated corridor
into Statewide and metropolitan area transportation
planning undertaken pursuant to sections 134 and
135 of title 23, United States Code;
‘‘(2) 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;
‘‘(3) the effect of the proposed high-speed rail
service on the congestion of other modes of transpor-
tation;
‘‘(4) the effect of the proposed service on State
and local governments’ efforts to attain compliance
with the Clean Air Act;
‘‘(5) the past and proposed financial commit-
ments and other support of State and local govern-
ments and the private sector to the proposed high-
speed rail program, including the acquisition of roll-
ing stock;
‘‘(6) the estimated level of ridership;
‘‘(7) the estimated capital cost of the proposal;
‘‘(8) the expected ability of the projected revenues
of the proposed service, along with any financial com-
mitments of State or local governments and the pri-
vate sector, to cover capital costs and operating and
maintenance expenses;
‘‘(9) the support and cooperation of any owners
and operators of existing rail facilities proposed for
improvement in developing the high-speed rail service;
and
‘‘(10) the effect of the proposed high-speed rail
service on other transportation services in operation
or under development.
‘‘(d) ADDITIONAL DESIGNATIONS.—(1) The Secretary
shall, upon the written request of the Governor or Governors
of the State or States that substantially encompass the pro-
posed corridor, designate as a designated corridor—
‘‘(A) any intercity rail corridor designated as a
high-speed rail corridor by the Secretary under sec-
tion 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 Governor or Governors of the State or States that sub-
stantially encompass the proposed corridor, designate as a
designated corridor any intercity rail corridor, other than
the main line of the Northeast Corridor between Washing-
ton, 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 Rail 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 sections 1002 or 1003.
‘‘(e) ADMINISTRATIVE
EXPENSES.—The Secretary
may provide financial assistance to a public agency des-
ignated under subsection (b) for up to 80 percent of the
administrative expenses incurred by such agency, and de-
termined eligible by the Secretary, in carrying out its re-
sponsibilities in connection with the development of a des-
ignated 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 improve-
ments;
‘‘(5) identification of anticipated levels of rider-
ship and projections of revenues and expenses associ-
ated with the proposed high-speed rail service when
completed and for each element undertaken to achieve
high-speed service, including estimates of any operat-
ing 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; and
‘‘(7) such other information as may be required
by the Secretary.
‘‘(c) PLAN
PREPARATION
ASSISTANCE.—The Sec-
retary, by regulation and to the extent the Secretary consid-
ers reasonable, may provide financial assistance to an ap-
plicant preparing a corridor master plan for up to 50 per-
cent of the costs associated with preparation of such plan
incurred after the date of enactment of the High-Speed Rail
Development Act of 1993, including the costs of design, en-
vironmental and route selection analysis, and preliminary
engineering necessary to support such analyses. The Sec-
retary shall not provide financial assistance under this sub-
section in an amount that exceeds the amount provided by
State and local governments for such preparation costs.
‘‘SEC. 1003. FINANCIAL ASSISTANCE FOR DESIGNATED COR-
RIDORS.
‘‘(a) AUTHORITY.—The Secretary may provide finan-
cial assistance to an applicant to fund improvements eligi-
ble under subsection (c) of this section. No financial assist-
ance shall be provided under this section—
‘‘(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 ex-
penditure of State funds for such improvements.
‘‘(b) TERMS, CONDITIONS, AND PROCEDURES.—The
Secretary shall establish appropriate terms, conditions, and
procedures for the provision of financial assistance under
this section.
‘‘(c) ELIGIBLE IMPROVEMENTS.—Improvements eligi-
ble 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 en-
vironmental mitigation;
‘‘(3) acquisition of right-of-way and related
property; and
‘‘(4) acquisition, construction, rehabilitation, up-
grading, or replacement of roadbed, structures, track,
signal and communications systems, electric traction
systems, 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 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 Fed-
eral transportation programs shall not be eligible for finan-
cial 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 pro-
gram to achieve high-speed rail service.
‘‘(e) PRIVATE FUNDING.—In providing financial as-
sistance 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 finan-
cial assistance under subsection (a), the Secretary may pro-
vide 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) Notwithstanding paragraph (1), the Secretary
shall not provide financial assistance under subsection (a)
relating to a designated corridor in an amount which, in
combination with any amounts previously provided under
subsection (a) with respect to such designated corridor, ex-
ceeds the aggregate amount provided, after April 29, 1993,
for the development of the designated corridor by State and
local governments, and other Federal transportation pro-
grams.
‘‘(g) CRITERIA.—In determining whether to provide fi-
nancial assistance to fund an element under subsection (a),
the Secretary shall consider how the element meets the cri-
teria identified in section 1001(c), the information con-
tained 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) EARLY ASSISTANCE.—The Secretary may provide
financial assistance under subsection (a) for an element not
contained in a corridor master plan prepared under section