[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7600 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7600
To amend chapter 261 of title 49, United States Code, to provide for
high-speed rail corridor development, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2024
Mr. Moulton (for himself, Ms. DelBene, Mr. Boyle of Pennsylvania, Mr.
Cleaver, Mr. Beyer, Ms. Lee of California, Mr. Jackson of Illinois, Ms.
Titus, Mrs. Watson Coleman, Mr. Vargas, Mrs. Cherfilus-McCormick, Mr.
Carson, Mr. Casten, Ms. Salinas, Mr. Takano, Mr. Auchincloss, Ms.
Ocasio-Cortez, Mr. Gottheimer, Mr. Garcia of Illinois, Mr. Bowman, Ms.
McClellan, Mr. Johnson of Georgia, Mr. Suozzi, Ms. Bonamici, Ms.
Norton, Mr. McGarvey, and Ms. Lofgren) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on 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 chapter 261 of title 49, United States Code, to provide for
high-speed rail corridor development, 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 ``American High-Speed Rail Act''.
SEC. 2. AMENDMENTS TO CERTAIN HIGH-SPEED RAIL ASSISTANCE PROVISIONS.
(a) Applicability.--Amendments made by this Act, and the
applications of such amendments to other persons or circumstances, to
chapter 261 shall apply to any Federal assistance provided on or after
the date of the enactment of this Act.
(b) High-Speed Rail Corridor Planning.--Section 26101 of title 49,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or group of
public agencies for corridor planning for up to 50
percent'' and inserting ``, a group of public agencies,
or a consortium composed of a public agency or group of
public agencies and a private entity, for corridor
planning for up to 100 percent'';
(B) in paragraph (2), by striking ``No less'' and
all that follows through the period at the end and
inserting ``The Secretary shall prioritize providing
financial assistance for corridor planning activities
with respect to which at least 20 percent of the total
costs associated with eligible activities shall be from
specified financial sources.''; and
(C) by adding at the end the following:
``(3) In this subsection, the term `specified financial
source' means--
``(A) the Railroad Rehabilitation and Improvement
Finance program under chapter V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.);
``(B) the transportation infrastructure finance and
innovation program in chapter 6 of title 23;
``(C) funding provided by the government of a
country that is adjacent to the international border of
the United States through which the proposed corridor
will cross;
``(D) a State, local, or private source; or
``(E) any combination of the sources described in
subparagraphs (A) through (D).
``(4) For any funds derived from the programs described in
subparagraphs (A) and (B) of paragraph (3) that are used for
costs associated with eligible activities, such funds shall be
repaid from State, local, or private sources.'';
(2) in subsection (b)--
(A) by striking paragraph (2); and
(B) by striking ``(1) A corridor'' and inserting
``A corridor'';
(3) in subsection (c)--
(A) in paragraph (13) by striking ``and'' at the
end;
(B) by redesignating paragraph (14) as paragraph
(16); and
(C) by inserting after paragraph (13) the
following:
``(14) impacts associated with equity, resilience,
sustainability, economic development, and climate;
``(15) the potential to serve an eligible place, as such
term is defined in section 41731; and''; and
(4) by adding at the end the following subsection:
``(d) Projects or Activities for Higher-Speed Rail.--
``(1) In general.--With respect to grants awarded under
this section, the Secretary may award not more than 20 percent
of grants under this section for projects or activities for
higher-speed rail.
``(2) Relevant requirements.--With respect to grants under
paragraph (1), the Secretary may apply requirements for high-
speed rail to projects or activities for higher-speed rail,
where applicable.''.
(c) High-Speed Rail Technology Improvements.--Section 26102 of
title 49, United States Code, is amended by adding at the end the
following new subsection:
``(d) Factor To Consider.--In providing financial assistance to
eligible recipients under subsection (b), the Secretary may consider
activities that incorporate the use of technologies that facilitate
intermodal connections and connections with other passenger rail
systems.''.
(d) Safety Regulations.--Section 26103(1) of title 49, United
States Code, is amended by striking ``such'' and all that follows
through the semicolon at the end and inserting ``comprehensive,
performance-based regulations for all high-speed rail projects that
shall not inhibit interoperability within the high-speed rail
network;''.
(e) Definitions.--Section 26105 of title 49, United States Code, is
amended--
(1) in paragraph (2), by striking ``of more than 125 miles
per hour'' and inserting ``of 186 miles per hour or more''; and
(2) by adding at the end the following paragraph:
``(7) the term `higher-speed rail'--
``(A) means all forms of nonhighway ground
transportation that run on rails or electromagnetic
guideways providing transportation service which is--
``(i) reasonably expected to reach
sustained speeds of more than 110 miles per
hour but less than 186 miles per hour; and
``(ii) made available to members of the
general public as passengers; and
``(B) does not include rapid transit operations
within an urban area that are not connected to the
general rail system of transportation.''.
(f) High-Speed Rail Corridor Development.--Section 26106 of title
49, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``In carrying out the program, the Secretary may designate
high-speed rail corridors.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or Amtrak'' and
inserting ``Amtrak, or a consortium of a private entity
and one or more of any of the entities listed in this
paragraph'';
(B) in paragraph (2), by striking the period at the
end and inserting ``before the date of the enactment of
MAP-21 (Public Law 112-141) or a corridor designated by
the Secretary under subsection (a).'';
(C) by striking paragraph (4); and
(D) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(3) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B)(i)--
(I) in subclause (I), by adding
``and'' at the end; and
(II) in subclause (II), by striking
``and'' at the end;
(ii) in subparagraph (B)(ii)(IV), by
inserting ``and'' at the end; and
(iii) in subparagraph (C)(i)--
(I) in subclause (II) by inserting
``, including where a grant will
support the plans of an Interstate
Passenger Rail Commission or other
entity with the goal of developing a
regional passenger rail system
involving 2 or more States'' before the
semicolon;
(II) in subclause (IV), by
inserting ``electrification or'' after
``involve''; and
(III) in subclause (V), by striking
the semicolon and inserting ``,
including as a result of transit-
oriented development, connectivity
between areas of high-economic
development and areas with a low cost
of living, or the agglomeration of
effects along a passenger rail
corridor;'';
(IV) in subclause (VI) by striking
``and'' at the end;
(V) by redesignating subclause
(VII) as subclause (IX); and
(VI) by inserting after subclause
(VI) the following:
``(VII) impacts associated with
equity, resilience, sustainability,
economic development and climate;
``(VIII) ability to serve an
eligible place, as such term is defined
in section 41731; and''; and
(B) in paragraph (3)--
(i) by striking ``The Secretary'' and
inserting ``(A) The Secretary''; and
(ii) by adding at the end the following:
``(B) The Secretary shall not establish mandatory
spending timelines for costs and activities associated
with the project.'';
(4) in the heading of subsection (f), by striking ``Federal
Share'' and inserting ``Funding'';
(5) in subsection (f),
(A) by striking ``The Federal share'' and all that
follows and inserting ``(1) Federal share.--With
respect to the net capital cost of a project financed
under this section, the Federal share of such cost may
be up to 100 percent.''; and
(B) by adding at the end the following new
paragraph:
``(2) Non-federal share.--
``(A) The Secretary shall prioritize financing
capital projects in high-speed rail corridors with
respect to which at least 20 percent of the project net
capital cost is funded through specified financial
sources.
``(B) In this section, the term `specified
financial source' means--
``(i) the Railroad Rehabilitation and
Improvement Finance program under chapter V of
the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.);
``(ii) the transportation infrastructure
finance and innovation program in chapter 6 of
title 23;
``(iii) funding provided by the government
of a country that is adjacent to the
international border of the United States
through which the proposed corridor will cross;
``(iv) a State, local, or private source;
or
``(v) any combination of the sources
described in clauses (i) through (v).
``(C) For any funds derived from the programs
described in clauses (i) or (ii) of subparagraph (B)
that are used to finance costs associated with capital
projects in high-speed rail corridors, such funds shall
be repaid from State, local, or private sources.'';
(6) by striking subsection (g) and inserting the following:
``(g) Presidential Border Permits.--With respect to any project
that requires construction, connection, operation, or maintenance, at
the international boundaries of the United States, the Secretary of
State shall provide the applicant of such project with the necessary
Presidential permits required for such project, unless the Secretary of
State determines that the provision of such permit would not be in the
interest of national security.''; and
(7) by striking subsection (h) and inserting the following:
``(h) Projects or Activities for Higher-Speed Rail.--
``(1) In general.--With respect to grants awarded under
this section, the Secretary may award not more than 20 percent
of grants under this section for projects or activities for
higher-speed rail.
``(2) Relevant requirements.--With respect to grants under
paragraph (1), the Secretary may apply requirements for high-
speed rail to projects or activities for higher-speed rail,
where applicable.''.
(g) Advance Acquisition.--
(1) In general.--Chapter 242 of title 49, United States
Code, is amended by inserting after section 24202 the
following:
``Sec. 24203. Advance acquisition
``(a) Rail Corridor Preservation.--The Secretary may allow a
recipient of a grant under this part or part D of this subtitle for a
passenger rail project to acquire right-of-way and adjacent real
property interests before or during the completion of the environmental
reviews for a project that may use such property interests if the
acquisition is otherwise permitted under Federal law.
``(b) Certification.--Before authorizing advance acquisition under
this section, the Secretary shall verify that--
``(1) the recipient has authority to acquire the real
property interest;
``(2) the acquisition of the real property interest--
``(A) is for a transportation purpose;
``(B) will not cause significant adverse
environmental impact;
``(C) will not limit the choice of reasonable
alternatives for the proposed project or otherwise
influence the decision of the Secretary on any approval
required for the project;
``(D) does not prevent the lead agency from making
an impartial decision as to whether to accept an
alternative that is being considered;
``(E) complies with other applicable Federal laws
and regulations; and
``(F) will not result in elimination or reduction
of benefits or assistance to a displaced person
required by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.).
``(c) Environmental Reviews.--
``(1) Completion of nepa review.--Before authorizing
Federal funding for an acquisition of a real property interest,
the Secretary shall complete all review processes otherwise
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), section 4(f) of the Department of
Transportation Act of 1966 (49 U.S.C. 303), and section 106 of
the National Historic Preservation Act (16 U.S.C. 470f) with
respect to the acquisition.
``(2) Timing of development acquisition.--A real property
interest acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.''.
(2) Clerical amendment.--The table of sections for chapter
242 of title 49, United States Code, is amended by inserting
after the item relating to section 24202 the following:
``24203. Advance acquisition.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 26104 of title 49, United States Code, is amended--
(a) by amending subsection (a) to read as follows:
``(a) High-Speed Rail Corridor Planning.--There is authorized to be
appropriated to carry out section 26101 $3,000,000,000 for each of
fiscal years 2024 through 2028.'';
(b) by redesignating subsection (b) as subsection (e); and
(c) by inserting after subsection (a) the following:
``(b) High-Speed Rail Technology Improvements.--There is authorized
to be appropriated to carry out section 26102 $3,000,000,000 for each
of fiscal years 2024 through 2028.
``(c) High-Speed Rail Corridor Development.--There is authorized to
be appropriated to carry out section 26106 $35,000,000,000 for each of
fiscal years 2024 through 2028.
``(d) Restriction.--Not more than 20 percent of the total funds
made available under sections 26101 and 26106 for a fiscal year may be
spent on projects or activities for higher-speed passenger trains.''.
SEC. 4. PILOT PROGRAM FOR TRANSIT-ORIENTED DEVELOPMENT PLANNING.
Section 20005(b) of the Moving Ahead for Progress in the 21st
Century Act (23 U.S.C. 101 note) is amended by adding at the end the
following:
``(4) Special consideration.--With respect to eligible
projects involving high-speed rail corridor development, the
Secretary shall give greater consideration to communities in
which such projects are proposed to occur.
``(5) Authorizations of appropriations.--There is
authorized to be appropriated to carry out this subsection
$20,000,000 for each of fiscal years 2024 through 2028.''.
SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS.
Section 22402(f) of title 49, United States Code, is amended by
adding at the end the following:
``(8) Availability of grant amounts.--Amounts provided
under the heading `Office of the Secretary--National
Infrastructure Investments' in the Department of Transportation
Appropriations Act, 2016 (title I of division L of Public Law
114-113), the Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2018 (title I of
division L of Public Law 115-141), or any subsequent
appropriation Act may be used to pay credit risk premiums under
this subsection.''.
SEC. 6. ACQUIRING FREIGHT TRAIN RIGHT OF WAY.
(a) In General.--Chapter 261 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 26107. Acquiring freight rail right-of-way
``(a) Sale of Property.--A rail carrier may sell, grant an easement
on, or lease real property to a recipient of financial assistance under
section 26101 or section 26106.
``(b) Grants for Acquisition of Additional Real Property Along
Right-of-Way.--In the case of a rail carrier that sells, grants an
easement, or leases property under subsection (a) and that acquires
additional real property along the portion of the right-of-way subject
to such sale, grant, or lease, the Secretary of Transportation shall
make one or more grants to such rail carrier which, in the aggregate,
shall not exceed the aggregate amounts received by such rail carrier
pursuant to such sale, grant, or lease.
``(c) Tax Treatment.--
``(1) Exclusion of gain, etc.--Any gain on the sale of any
interest in real property described in subsection (a)
(including the granting of an easement on such real property),
or any payment made under any lease of such real property,
shall not be includible in the gross income of such rail
carrier for purposes of the Internal Revenue Code of 1986.
``(2) Exclusion of grant amounts.--The amount of grant
provided under subsection (b) shall not be includible in the
gross income of the recipient of such grant for purposes of the
Internal Revenue Code of 1986.
``(3) Exclusion of certain capital improvements.--Any
capital investment or improvement (including turnouts, passing
track, signaling, crossings, and barriers) made pursuant to
section 26101 or section 26106 by a recipient of financial
assistance under such section on any real property owned by the
rail carrier referred to in subsection (a) shall not be
includible in the gross income of such rail carrier for
purposes of the Internal Revenue Code of 1986.
``(d) Applicability of Law.--Section 28103 shall apply to property
described in subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 261 of title 49,
United States Code, is amended by adding at the end the following:
``26107. Acquiring freight rail right-of-way.''.
SEC. 7. OPERATORS DEEMED RAIL CARRIERS AND EMPLOYERS.
Section 22905(b) of title 49, United States Code, is amended--
(1) in the heading by striking ``Operators'' and inserting
``Covered Persons'';
(2) by striking ``A person that'' and all that follows
through ``chapter'' and inserting ``(1) In general.--A covered
person'';
(3) by striking ``as defined in Section 10102(5)'' and all
that follows through ``applies'' and inserting ``only for the
purposes of making it subject to the laws of the United States
referred to in section 10501(c)(3)(A) of title 49, United
States Code'';
(4) by redesignating paragraphs (1), (2), and (3) as (i),
(ii), and (iii); and
(5) by adding at the end the following new paragraph:
``(2) Covered person defined.--In this subsection, the term
`covered person'--
``(A) means--
``(i) a person that conducts passenger rail
operations over rail infrastructure constructed
or improved with funding provided in whole or
in part in a grant made under this chapter; and
``(ii) a person that performs work for, or
in support of, passenger rail operations that
is work performed by employees in crafts and
classes recognized under section 2 of the
Railway Labor Act (45 U.S.C. 152);
``(B) does not include--
``(i) an employer engaged primarily in the
building and construction industry (as such
term is used in section 8(f) of the National
Labor Relations Act (29 U.S.C. 158(f))) who is
solely performing work as a contractor for a
rail carrier;
``(ii) an employer solely performing work
as a contractor or subcontractor for--
``(I) a railroad that owns, uses,
or is contracted to perform work on,
rail infrastructure constructed or
improved with funding provided in whole
or in part in a grant made under this
chapter; or
``(II) an operator that uses such
infrastructure,
consistent with a collective bargaining
agreement between the railroad or operator and
a union representing employees in a craft or
class recognized under section 2 of the Railway
Labor Act (45 U.S.C. 152).''.
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