An Act to authorize the Secretary of Commerce to undertake research and development in high speed ground transportation, and for other purposes
PL 89-220 (S.1588), enacted 09/30/1965

mitted. 
Demonstration 
program. 
79 STAT. ] 
PUBLIC LAW 89-220-SEPT. 30, 1965 
893 
to be continued on the vessel, such vessel shall be subject to a penalty 
of $30 on every subsequent arrival in a port of the United States. 
SEC. 15. Any penalty incurred under this Act may be remitted or 
p^riaity re. 
mitigated by the i^ecretary under the provisions of section 5294 of the 
K«vised Statutes, as amended (46 U.S.C. 7). 
Approved September 29, 1965. 
Public Law 89-220 
A N A C T 
September 30, 1965 
To authorize the Secretary of Commerce to undertake research and develop- 
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ment in high-speed ground transportation, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That, consistent ^^undt^'^n^s'^orta 
with the objective of promoting a safe, adequate, economical, and ui^n^tudy!'^^'"^ ^" 
efficient national transportation system, the Secretary of Commerce 
(hereafter in this Act referred to as the "Secretary") is authorized to 
undertake research and development in high-speed ground transpor-
tation, including, but not limited to, components such as materials, 
aerodynamics, vehicle propulsion, vehicle control, communications, 
and guideways. 
SEC. 2. The Secretary is authorized to contract for demonstrations to 
determine the contributions that high-speed ground transportation 
could make to more efficient and economical intercity transportation 
systems. 
Such demonstrations shall be designed to measure and 
evaluate such factors as the public response to new equipment, higher 
speeds, variations in fares, improved comfort and convenience, and 
more frequent service. In connection with contracts for demonstra-
tions under this section, the Secretary shall provide for financial par-
ticipation by private industry to the maximum extent practicable. 
SEC. 3. Nothing in this Act shall be deemed to limit research and 
development carried out under the first section or demonstrations con-
tracted for under section 2 to any particular mode of high-speed 
ground transportation. 
SEO. 4. The Secretary is authorized to collect and collate transpor- ^ 
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data, collection. 
tation data, statistics, and other information which he determines will 
contribute to the improvement of the national transportation system. 
In carrying out this activity, the Secretary shall utilize the data, sta-
tistics, and other information available from Federal agencies and 
other sources of the greatest practicable extent. The data, statistics, 
and other information collected under this section shall be made avail-
able to other Federal agencies and to the public insofar as practicable. 
SEC. 6. (a) There is hereby established in the Department of Com- ^ittt'^'^elt jb"™' 
merce an advisory committee consisting of seven members who shall u'shme'nt^ 
be appointed by the Secretary without regard to the civil service laws. 
The Secretary shall designate one of the members of the Advisory 
Committee as its Chairman. 
Members of the Advisory Committee 
shall be selected from among leading authorities in the field of 
transportation. 
(b) The Advisory Committee shall advise the Secretary with respect 
^"*i^^-
to policy matters arising in the administration of this Act, particularly 
with respect to research and development carried out under the first 
section and contracts for demonstrations entered into under section 2. 
SEC. 6. (a) In carrying out the provisions of section 2 of this Act, enf°^'^e" "^^ro'^ 
the Secretary shall provide fair and equitable arrangements, as deter- t^uvr^rrangel 
mined by the Secretary of Labor, to protect the interests of the m^nts. 
894 
PUBLIC LAW 89-220-SEPT. 30, 1965 
[79 STAT. 
employees of any common carrier who are affected by any demonstra-
tion carried out under a contract between the Secretary and such 
carrier under such section. 
Such protective arrangements shall 
include, without bein^ limited to, such provisions as may be necessary 
for (1) the preservation of rights, privileges, and benefits (including 
continuation of pension rights and benefits) to such employees under 
existing collective-bargainmg agreements, or otherwise; (2) the con-
tinuation of collective-bargaining rights; (3) the protection of such 
individual employees agamst a worsening of their positions with 
respect to their employment as a result of such demonstration; (4) 
assurances of priority of reemployment of employees terminated or 
laid off as a result of such demonstration; and (5) paid training or 
retraining programs. 
Such arrangements shall include provisions 
protecting individual employees against a worsening of their positions 
with respect to their employment as the result of such demonstrations 
which shall in no event provide benefits less than those established 
pursuant to section 5(2)(f) of the Interstate Commerce Act (49 
54 Stat. 905. 
U.S.C. 5). Any contract entered into pursuant to the provisions of 
section 2 of this Act shall specify the terms and conditions of such 
protective arrangements. 
ards''°'^ stand- 
^^y^j -pj^g Sccrctaiy shall take such action as may be necessary to 
insure that all laborers and mechanics employed by contractors or sub-
contractors in the performance of construction work financed with the 
assistance of funds received under any contract or agreement entered 
into under this Act shall be paid wages at rates not less than those pre-
vailing on similar construction in the locality as determined by the 
Secretary of Labor in accordance with the Davis-Bacon Act, as 
49 Stat. 1011; 
amended. 
The Secretary shall not enter into any such contract or 
40 use 276a. 
agreement without first obtaining adequate assurance that required 
2 7 6a-5. 
l ^ o r staudards will be maintained upon the construction work. The 
Secretary of Labor shall have with respect to the labor standards 
specified in this subsection, the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 
1267; 5 U.S.C. 133z-15), and section 2 of the Act of June 13,1934, as 
63 Stat. 108. 
amended (48 Stat. 948; 40 U.S.C. 276c). 
SEC. 7. In exercising the authority granted in the first section and 
section 2 of this Act, the Secretary may lease, purchase, develop, test, 
and evaluate new facilities, equipment, techniques, and methods and 
conduct such other activities as may be necessary, but nothing in this 
Act shall be deemed to authorize the Secretary to acquire any interest 
in any line of railroad. 
ub°i^*Tr^rivate 
SEC. 8. (a)(1) lu cxcrcisiug the authority grautcd undcr tliis Act, 
agencie°s.^"^^ ^ 
thc Sccrctary is authorized to enter into agreements and to contract 
with public or private agencies, institutions, organizations, corpora-
tions, and individuals, without regard to sections 3648 and 3709 of the 
Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5). 
(2) To the maximum extent practicable, the private agencies, insti-
tutions, organizations, corporations, and individuals with which the 
Secretary enters into such agreements or contracts to carry out re-
search and development under this Act shall be geographically dis-
tributed throughout the United States. 
(3) Each agreement or contract entered into under this Act under 
other than competitive bidding procedures, as determined by the Sec-
retary, shall provide that the Secretary and the Comptroller General 
of the United States, or any of their duly authorized representatives, 
may, for the purpose of audit and examination, have access to any 
books, documents, papers, and records of the parties to such agreement 
79 STAT. ] 
PUBLIC L
A
W 89-221-SEPT. 30, 1965 
895 
or contract which are pertinent to the operations or activities under 
such agreement or contract. 
(b) The Secretary is authorized to appoint, subject to the civil ser\^-
ice laws and regulations, such personnel as may be necessary to enable 
him to carry out efficiently his functions and responsibilities under 
this Act. The Secretary is further authorized to procure services as 
authorized by section 15 of the Act of August 3,1946 (5 U.S.C. 55a), 
^
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but at rates tor individuals not to exceed $100 per diem, unless other-
wise specified in an appropriation Act. 
SEC. 9. In exercising the authority granted under this Act, the Secre-
tary shall consult and cooperate, as he deems appropriate, with the 
Administrator of the Housing and Home Finance Agency and other 
departments and agencies. Federal, State, and local. The Secretary 
shall further consult and cooperate, as he deems appropriate, with 
institutions and private industry. 
SEC. 10. (a) The Secretary shall rejDort to the President and the pfe^s'^jenVand 
Congress not less often than annually with respect to activities carried congress. 
out under this Act. 
(b) The Secretary shall report to the President and the Congress 
the results of his evaluation of the research and development pro-
gram and the demonstration program authorized by this Act, and 
shall make recommendations to the President and the Congress with 
respect to such future action as may be appropriate in the light of 
these results and their relationship to other modes of transportation 
in attaining the objective of promoting a safe, adequate, economical, 
and efficient national transportation.system. 
(c) The Secretary shall, if requested by any appropriate committee jn^^^ati'n"^ °^ 
of the Senate or House of Representatives, furnish such committee '" °™^'°''' 
with information concerning activities carried out under this Act and 
information obtained from research and development carried out with 
funds appropriated pursuant to this Act. 
SEC. 11. There are hereby authorized to be appropriated such sums Appropriation. 
as may be necessary to carry out the provisions of this Act, but 
not to exceed $20,000,000 for the fiscal year ending June 30, 1966; 
$35,000,000 for the fiscal year ending June 30, 1967; and $35,000,000 
for the fiscal year ending June 30, 1968. Such sums shall remain 
available until expended. 
SEC. 12. Except for section 4, this Act shall teniiinate on June 30, 
1969. The termination of this Act shall not affect the disbursement 
of funds under, or the carrying out of, any contract commitment, or 
other obligation entered into pursuant to this Act prior to such date 
of termination. 
Approved September 30, 1965. 
Public Law 89-221 
JOINT RESOLUTION 
September 30, 1965 
Making continuing appropriations for the fiscal year 1966, and for other 
[H. J. Res. 673] 
purposes. 
Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That section 101 of the 
contiiiuing ap. 
joint resolution approved June 30, 1965 (Public Law 89-58), as '^'^^^"e, i^.":>o4. 
amended, is amended by adding a new subsection as follows: "(e) 
Such amounts as may be necessary for continuing Civil Supersonic 
Aircraft Development Activities which have been conducted in the 
fiscal year 1966 but at a rate for operations not in excess of the rate 
Termination 
date.