
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC309]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
 
Sec. 309. High-speed ground transportation

    (a) The Secretary of Transportation, 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 research and development of high-speed 
ground transportation technologies in order to foster the implementation 
of magnetic levitation and high-speed steel wheel on rail transportation 
systems as alternatives to existing transportation systems.
    (b)(1) The Secretary may award contracts and grants for 
demonstrations to determine the contributions that high-speed ground 
transportation could make to more efficient, safe, 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 grants and 
contracts for demonstrations under this section, the Secretary shall 
provide for financial participation by private industry to the maximum 
extent practicable.
    (2)(A) In connection with the authority provided under paragraph 
(1), there is established a national high-speed ground transportation 
technology demonstration program, which shall be separate from the 
national magnetic levitation prototype development program established 
under section 1036(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 and shall be managed by the Secretary of 
Transportation.
    (B)(i) Any eligible applicant may submit to the Secretary a proposal 
for demonstration of any advancement in a high-speed ground 
transportation technology or technologies to be incorporated as a 
component, subsystem, or system in any revenue service high-speed ground 
transportation project or system under construction or in operation at 
the time the application is made.
    (ii) Grants or contracts shall be awarded only to eligible 
applicants showing demonstrable benefit to the research and development, 
design, construction, or ultimate operation of any maglev technology or 
high-speed steel wheel on rail technology. Criteria to be considered in 
evaluating the suitability of a proposal under this paragraph shall 
include--
        (I) feasibility of guideway or track design and construction;
        (II) safety and reliability;
        (III) impact on the environment in comparison to other high-
    speed ground transportation technologies;
        (IV) minimization of land use;
        (V) effect on human factors related to high-speed ground 
    transportation;
        (VI) energy and power consumption and cost;
        (VII) integration of high-speed ground transportation systems 
    with other modes of transportation;
        (VIII) actual and projected ridership; and
        (IX) design of signaling, communications, and control systems.

    (C) For the purposes of this paragraph, the term ``eligible 
applicant'' means any United States private business, State government, 
local government, organization of State or local government, or any 
combination thereof. The term does not include any business owned in 
whole or in part by the Federal Government.
    (D) The amount and distribution of grants or contracts made under 
this paragraph shall be determined by the Secretary. No grant or 
contract may be awarded under this paragraph to demonstrate a technology 
to be incorporated into a project or system located in a State that 
prohibits under State law the expenditure of non-Federal public funds or 
revenues on the construction or operation of such project or system.
    (E) Recipients of grants or contracts made pursuant to this 
paragraph shall agree to submit a report to the Secretary detailing the 
results and benefits of the technology demonstration proposed, as 
required by the Secretary.
    (c)(1) In carrying out the responsibilities of the Secretary under 
this section, the Secretary is authorized to enter into 1 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 1 or more funding agreements (as defined by section 201(b) 
of title 35, United States Code), with United States companies for the 
purpose of--
        (A) conducting research to overcome technical and other barriers 
    to the development and construction of practicable high-speed ground 
    transportation systems and to help advance the basic generic 
    technologies needed for these systems; and
        (B) transferring the research and basic generic technologies 
    described in subparagraph (A) to industry in order to help create a 
    viable commercial high-speed ground transportation industry within 
    the United States.

    (2) In a cooperative agreement or funding agreement under paragraph 
(1), the Secretary may agree to provide not more than 80 percent of the 
cost of any 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.
    (3) The research, development, or utilization of any technology 
pursuant to a cooperative agreement under paragraph (1), 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.).
    (4) The research, development, or utilization of any technology 
pursuant to a funding agreement under paragraph (1), including the 
determination of all licensing and ownership rights, shall be subject to 
the provisions of chapter 18 of title 35, United States Code.
    (5) At the conclusion of fiscal year 1993 and again at the 
conclusion of fiscal year 1996, the Secretary shall submit reports to 
Congress regarding research and technology transfer activities conducted 
pursuant to the authorization contained in paragraph (1).
    (d)(1) Not later than June 1, 1995, the Secretary shall complete and 
submit to Congress a study of the commercial feasibility of constructing 
1 or more high-speed ground transportation systems in the United States. 
Such study shall consist of--
        (A) an economic and financial analysis;
        (B) a technical assessment; and
        (C) recommendations for model legislation for State and local 
    governments to facilitate construction of high-speed ground 
    transportation systems.

    (2) The economic and financial analysis referred to in paragraph 
(1)(A) shall include--
        (A) an examination of the potential market for a nationwide 
    high-speed ground transportation network, including a national 
    magnetic levitation ground transportation system;
        (B) an examination of the potential markets for short-haul high-
    speed ground transportation systems and for intercity and long-haul 
    high-speed ground transportation systems, including an assessment 
    of--
            (i) the current transportation practices and trends in each 
        market; and
            (ii) the extent to which high-speed ground transportation 
        systems would relieve the current or anticipated congestion on 
        other modes of transportation;

        (C) projections of the costs of designing, constructing, and 
    operating high-speed ground 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;
        (D) 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 relocation of residential, commercial, or 
    industrial facilities;
        (E) a comparison of the projected costs of the various competing 
    high-speed ground transportation technologies;
        (F) recommendations for funding mechanisms, tax incentives, 
    liability provisions, and changes in statutes and regulations 
    necessary to facilitate the development of individual high-speed 
    ground transportation systems and the completion of a nationwide 
    high-speed ground transportation network;
        (G) an examination of the effect of the construction and 
    operation of high-speed ground transportation systems on regional 
    employment and economic growth;
        (H) recommendations for the roles appropriate for local, 
    regional, and State governments to facilitate construction of high-
    speed ground transportation systems, including the roles of regional 
    economic development authorities;
        (I) an assessment of the potential for a high-speed ground 
    transportation technology export market;
        (J) recommendations regarding the coordination and 
    centralization of Federal efforts relating to high-speed ground 
    transportation;
        (K) an examination of the role of the National Railroad 
    Passenger Corporation in the development and operation of high-speed 
    ground transportation systems; and
        (L) any other economic or financial analyses the Secretary 
    considers important for carrying out this section.

    (3) The technical assessment referred to in paragraph (1)(B) shall 
include--
        (A) an examination of the various technologies developed for use 
    in the transportation of passengers by high-speed ground 
    transportation, including a comparison of the safety (including 
    dangers associated with grade crossings), energy efficiency, 
    operational efficiencies, and environmental impacts of each system;
        (B) an examination of the potential role of a United States 
    designed maglev system, developed as a prototype under section 
    1036(b) of the Intermodal Surface Transportation Efficiency Act of 
    1991, in relation to the implementation of other high-speed ground 
    transportation technologies and the national transportation system;
        (C) an examination of the work being done to establish safety 
    standards for high-speed ground transportation as a result of the 
    enactment of section 7 of the Rail Safety Improvement Act of 1988;
        (D) an examination of the need to establish appropriate 
    technological, quality, and environmental standards for high-speed 
    ground transportation systems;
        (E) an examination of the significant unresolved technical 
    issues surrounding the design, engineering, construction, and 
    operation of high-speed ground transportation systems, including the 
    potential for the use of existing rights-of-way;
        (F) 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 
    ground transportation systems; and
        (G) any other technical assessments the Secretary considers 
    important for carrying out this section.

    (e)(1) Within 12 months after the submission of the study required 
by subsection (d), the Secretary shall establish the national high-speed 
ground transportation policy (hereinafter in this section referred to as 
the ``Policy'').
    (2) The Policy shall include--
        (A) provisions to promote the design, construction, and 
    operation of high-speed ground transportation systems in the United 
    States;
        (B) a determination whether the various competing high-speed 
    ground transportation technologies can be effectively integrated 
    into a national network and, if not, whether 1 or more such 
    technologies should receive preferential encouragement from the 
    Federal Government to enable the development of such a national 
    network;
        (C) a strategy for prioritizing the markets and corridors in 
    which the construction of high-speed ground transportation systems 
    should be encouraged; and
        (D) provisions designed to promote American competitiveness in 
    the market for high-speed ground transportation technologies.

    (3) 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.

(Added Pub. L. 102-240, title I, Sec. 1036(c)(1), Dec. 18, 1991, 105 
Stat. 1982.)

                       References in Text

    Section 1036(b) of the Intermodal Surface Transportation Efficiency 
Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 
1036(b) of Pub. L. 102-240, which is set out below.
    The Stevenson-Wydler Technology Innovation Act of 1980, referred to 
in subsec. (c)(3), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as 
amended, which is classified generally to chapter 63 (Sec. 3701 et seq.) 
of Title 15, Commerce and Trade. For complete classification of this Act 
to the Code, see Short Title note set out under section 3701 of Title 15 
and Tables.
    Section 7 of the Rail Safety Improvement Act of 1988, referred to in 
subsec. (d)(3)(C), is section 7 of Pub. L. 100-342, which amended 
section 431 of Title 45, Railroads.


                             Effective Date

    Section effective Dec. 18, 1991, and applicable to funds authorized 
to be appropriated or made available after Sept. 30, 1991, and, with 
certain exceptions, not applicable to funds appropriated or made 
available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-
240, set out as an Effective Date of 1991 Amendment note under section 
104 of Title 23, Highways.


       National Magnetic Levitation Prototype Development Program

    Section 1036(b) of Pub. L. 102-240 provided that:
    ``(1) Management of program.--There is hereby established a national 
magnetic levitation prototype development program to be managed by a 
program director appointed jointly by the Secretary and the Assistant 
Secretary of the Army for Civil Works (hereinafter in this subsection 
referred to as the `Assistant Secretary'). To carry out such program, 
the Secretary and the Assistant Secretary shall establish a national 
maglev joint project office (hereinafter in this subsection referred to 
as the `Maglev Project Office'), which shall be headed by the program 
director, and shall enter into such arrangements as may be necessary for 
funding, staffing, office space, and other requirements that will allow 
the Maglev Project Office to carry out its functions. In carrying out 
such program, the program director shall consult with appropriate 
Federal officials, including the Secretary of Energy and the 
Administrator of the Environmental Protection Agency.
    ``(2) Phase one contracts.--
        ``(A) Request for proposals.--Not later than 12 months after the 
    date of the enactment of this Act [Dec. 18, 1991], the Maglev 
    Project Office shall release a request for proposals for development 
    of conceptual designs for a maglev system and for research to 
    facilitate the development of such conceptual designs.
        ``(B) Award of contracts.--Not later than 15 months after the 
    date of the enactment of this Act, the Secretary and the Assistant 
    Secretary shall, based on the recommendations of the program 
    director, award 1-year contracts for research and development to no 
    fewer than 5 eligible applicants. If fewer than 5 complete 
    applications have been received, contracts shall be awarded to as 
    many eligible applicants as is practical.
        ``(C) Factors and conditions to be considered.--The Secretary 
    and the Assistant Secretary may approve contracts under subparagraph 
    (B) only after consideration of factors relating to the construction 
    and operation of a magnetic levitation system, including the cost-
    effectiveness, ease of maintenance, safety, limited environmental 
    impact, ability to achieve sustained high speeds, ability to operate 
    along the Interstate highway rights-of-way, the potential for the 
    guideway design to be a national standard, the applicant's 
    resources, capabilities, and history of successfully designing and 
    developing systems of similar complexity, and the desirability of 
    geographic diversity among contractors and only if the applicant 
    agrees to submit a report to the Maglev Project Office detailing the 
    results of the research and development and agrees to provide for 
    matching of the phase one contract at a 90 percent Federal, 10 
    percent non-Federal, cost share.
    ``(3) Phase two contracts.--Within 3 months of receiving the final 
reports of contract activities under paragraph (2), and based only on 
such reports and the recommendations of the program director, the 
Secretary and the Assistant Secretary shall select not more than 3 
eligible applicants from among the contract recipients submitting 
reports under paragraph (2) to receive 18-month contracts for research 
and development leading to a detailed design for a prototype maglev 
system. The Secretary and the Assistant Secretary may only award 
contracts under this paragraph if--
        ``(A) they determine that the applicant has demonstrated 
    technical merit for the conceptual design and the potential for 
    further development of such design into an operational prototype as 
    described in paragraph (4),
        ``(B) the applicant agrees to submit the detailed design within 
    such 18-month period to the Maglev Project Office and the selection 
    committee described in paragraph (4), and
        ``(C) the applicant agrees to provide for matching of the phase 
    two contract at an 80 percent Federal, 20 percent non-Federal, cost 
    share.
    ``(4) Prototype.--
        ``(A) Selection of design.--Within 6 months of receiving the 
    detailed designs developed under paragraph (3), the Secretary and 
    the Assistant Secretary shall, based on the recommendations of the 
    selection committee described in this subparagraph, select 1 design 
    for development into a full-scale prototype, unless the Secretary 
    and the Assistant Secretary determine jointly that no design shall 
    be selected, based on an assessment of technical feasibility and 
    projected cost of construction and operation of the prototype. A 
    selection committee of 8 members, consisting of--
            ``(i) 1 member to be appointed by the Secretary,
            ``(ii) 1 member to be appointed by the Assistant Secretary,
            ``(iii) 3 members to be appointed by the Senate majority and 
        minority leaders, and
            ``(iv) 3 members to be appointed by the Speaker of the House 
        and the minority leader of the House,
    shall be appointed not later than 1 year following the award of 
    contracts under paragraph (3). The selection committee, within 3 
    months of receiving the detailed designs developed under paragraph 
    (3), shall make a recommendation to the Secretary and the Assistant 
    Secretary as to the best prototype design or the unsuitability of 
    any design. The program director shall provide technical reviews of 
    the phase two contract reports to the selection committee and 
    otherwise provide any technical assistance that the committee 
    requires to assist it in making a recommendation. In the event that 
    the Secretary and the Assistant Secretary determine jointly not to 
    select a design for development under this subsection, they shall 
    report to Congress on the basis for such determination, together 
    with recommendations for future action, including further research, 
    development, or design, termination of the program, or such other 
    action as may be appropriate.
        ``(B) Award of construction grant or contract.--Unless the 
    Secretary and the Assistant Secretary determine not to proceed 
    pursuant to subparagraph (A), they shall, not later than 3 months 
    after selection of a design for development into a full-scale 
    prototype, and based on the recommendations of the program director, 
    award 1 construction grant or contract to the applicant whose 
    detailed design was selected under subparagraph (A) for the purpose 
    of constructing a prototype maglev system in accordance with the 
    selected design. Not more than 75 percent of the cost of the project 
    shall be borne by the United States.
        ``(C) Factors to be considered in selection.--Selection of the 
    detailed design under this paragraph shall be based on consideration 
    of the following factors, among others:
            ``(i) The project shall be capable of utilizing Interstate 
        highway rights-of-way along or above a significant portion of 
        its route, and may also use railroad rights-of-way along or 
        above any portion of the railroad route.
            ``(ii) The total length of guideway shall be at least 19 
        miles and allow significant full-speed operations between stops.
            ``(iii) The project shall be constructed and ready for 
        operational testing within 3 years after the award of the 
        contract or grant.
            ``(iv) The project shall provide for the conversion of the 
        prototype to commercial operation after testing and technical 
        evaluation is completed.
            ``(v) The project shall be located in an area that provides 
        a potential ridership base for future commercial operation.
            ``(vi) The project shall utilize a technology capable of 
        being applied in commercial service in most parts of the 
        contiguous United States.
            ``(vii) The project shall have at least 1 switch.
            ``(viii) The project shall be intermodal in nature 
        connecting a major metropolitan area with an airport, port, 
        passenger rail station, or other transportation mode.
        ``(D) Additional factors for consideration.--In awarding a grant 
    or contract under this paragraph, the Secretary shall encourage the 
    development of domestic manufacturing capabilities. In selecting 
    among eligible applicants, the Secretary shall consider existing 
    railroads and equipment manufacturers with excess production 
    capacity, including railroads that have experience in advanced 
    technologies (including self-propelled cars).
    ``(5) Licensing.--
        ``(A) Proprietary rights.--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 subsection shall be 
    disclosed.
        ``(B) Commercial information.--The research, development, and 
    use of any technology developed pursuant to an agreement reached 
    pursuant to this subsection, including the terms under which any 
    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. 3701-3714). In 
    addition, the Secretary and the Assistant Secretary may require any 
    grant or contract recipient to assure that research and development 
    be performed substantially in the United States and that the 
    products embodying the inventions made under any agreement pursuant 
    to this subsection or produced through the use of such inventions be 
    manufactured substantially in the United States.
    ``(6) Reports.--The Secretary and the Assistant Secretary shall 
provide periodic reports to Congress on progress made under this 
subsection.
    ``(7) Eligible applicant defined.--For purposes of this subsection, 
the term `eligible applicant' means a United States private business, 
United States public or private education and research organization, 
Federal laboratory, or a consortium of such businesses, organizations, 
and laboratories.''
