I 

118TH CONGRESS 

2D SESSION H. R. 7600 

To amend chapter 261 of title 49, United States Code, to provide for highspeed 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. CHERFILUSMCCORMICK, Mr. CARSON, Mr. CASTEN, Ms. SALINAS, Mr. TAKANO, Mr. 

AUCHINCLOSS, Ms. OCASIO-CORTEZ, Mr. GOTTHEIMER, Mr. GARCI ́A 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American High-Speed 

5 Rail Act’’. 


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1 SEC. 2. AMENDMENTS TO CERTAIN HIGH-SPEED RAIL AS2 SISTANCE PROVISIONS. 

3 (a) APPLICABILITY.—Amendments made by this Act, 

4 and the applications of such amendments to other persons 

5 or circumstances, to chapter 261 shall apply to any Fed6 eral assistance provided on or after the date of the enact7 ment of this Act. 

8 (b) HIGH-SPEED RAIL CORRIDOR PLANNING.—Sec9 tion 26101 of title 49, United States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘or 

12 group of public agencies for corridor planning 

13 for up to 50 percent’’ and inserting ‘‘, a group 

14 of public agencies, or a consortium composed of 

15 a public agency or group of public agencies and 

16 a private entity, for corridor planning for up to 

17 100 percent’’; 

18 (B) in paragraph (2), by striking ‘‘No 

19 less’’ and all that follows through the period at 

20 the end and inserting ‘‘The Secretary shall 

21 prioritize providing financial assistance for cor22 ridor planning activities with respect to which 

23 at least 20 percent of the total costs associated 

24 with eligible activities shall be from specified fi25 nancial sources.’’; and 

26 (C) by adding at the end the following: 


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1 ‘‘(3) In this subsection, the term ‘specified fi2 nancial source’ means— 

3 ‘‘(A) the Railroad Rehabilitation and Im4 provement Finance program under chapter V of 

5 the Railroad Revitalization and Regulatory Re6 form Act of 1976 (45 U.S.C. 821 et seq.); 

7 ‘‘(B) the transportation infrastructure fi8 nance and innovation program in chapter 6 of 

9 title 23; 

10 ‘‘(C) funding provided by the government 

11 of a country that is adjacent to the inter12 national border of the United States through 

13 which the proposed corridor will cross; 

14 ‘‘(D) a State, local, or private source; or 

15 ‘‘(E) any combination of the sources de16 scribed in subparagraphs (A) through (D). 

17 ‘‘(4) For any funds derived from the programs 

18 described in subparagraphs (A) and (B) of para19 graph (3) that are used for costs associated with eli20 gible activities, such funds shall be repaid from 

21 State, local, or private sources.’’; 

22 (2) in subsection (b)— 

23 (A) by striking paragraph (2); and 

24 (B) by striking ‘‘(1) A corridor’’ and in25 serting ‘‘A corridor’’; 


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1 (3) in subsection (c)— 

2 (A) in paragraph (13) by striking ‘‘and’’ at 

3 the end; 

4 (B) by redesignating paragraph (14) as 

5 paragraph (16); and 

6 (C) by inserting after paragraph (13) the 

7 following: 

8 ‘‘(14) impacts associated with equity, resilience, 

9 sustainability, economic development, and climate; 

10 ‘‘(15) the potential to serve an eligible place, as 

11 such term is defined in section 41731; and’’; and 

12 (4) by adding at the end the following sub13 section: 

14 ‘‘(d) PROJECTS OR ACTIVITIES FOR HIGHER-SPEED

15 RAIL.— 

16 ‘‘(1) IN GENERAL.—With respect to grants 

17 awarded under this section, the Secretary may 

18 award not more than 20 percent of grants under 

19 this section for projects or activities for higher-speed 

20 rail. 

21 ‘‘(2) RELEVANT REQUIREMENTS.—With respect 

22 to grants under paragraph (1), the Secretary may 

23 apply requirements for high-speed rail to projects or 

24 activities for higher-speed rail, where applicable.’’. 


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1 (c) HIGH-SPEED RAIL TECHNOLOGY IMPROVE2 MENTS.—Section 26102 of title 49, United States Code, 

3 is amended by adding at the end the following new sub4 section: 

5 ‘‘(d) FACTOR TO CONSIDER.—In providing financial 

6 assistance to eligible recipients under subsection (b), the 

7 Secretary may consider activities that incorporate the use 

8 of technologies that facilitate intermodal connections and 

9 connections with other passenger rail systems.’’. 

10 (d) SAFETY REGULATIONS.—Section 26103(1) of 

11 title 49, United States Code, is amended by striking 

12 ‘‘such’’ and all that follows through the semicolon at the 

13 end and inserting ‘‘comprehensive, performance-based reg14 ulations for all high-speed rail projects that shall not in15 hibit interoperability within the high-speed rail network;’’. 

16 (e) DEFINITIONS.—Section 26105 of title 49, United 

17 States Code, is amended— 

18 (1) in paragraph (2), by striking ‘‘of more than 

19 125 miles per hour’’ and inserting ‘‘of 186 miles per 

20 hour or more’’; and 

21 (2) by adding at the end the following para22 graph: 

23 ‘‘(7) the term ‘higher-speed rail’— 

24 ‘‘(A) means all forms of nonhighway 

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1 tromagnetic guideways providing transportation 

2 service which is— 

3 ‘‘(i) reasonably expected to reach sus4 tained speeds of more than 110 miles per 

5 hour but less than 186 miles per hour; and 

6 ‘‘(ii) made available to members of the 

7 general public as passengers; and 

8 ‘‘(B) does not include rapid transit oper9 ations within an urban area that are not con10 nected to the general rail system of transpor11 tation.’’. 

12 (f) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 

13 Section 26106 of title 49, United States Code, is amend14 ed— 

15 (1) in subsection (a), by adding at the end the 

16 following: ‘‘In carrying out the program, the Sec17 retary may designate high-speed rail corridors.’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘or Am20 trak’’ and inserting ‘‘Amtrak, or a consortium 

21 of a private entity and one or more of any of 

22 the entities listed in this paragraph’’; 

23 (B) in paragraph (2), by striking the pe24 riod at the end and inserting ‘‘before the date 

25 of the enactment of MAP–21 (Public Law 112– 


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1 141) or a corridor designated by the Secretary 

2 under subsection (a).’’; 

3 (C) by striking paragraph (4); and 

4 (D) by redesignating paragraphs (5) and 

5 (6) as paragraphs (4) and (5), respectively; 

6 (3) in subsection (e)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (B)(i)— 

9 (I) in subclause (I), by adding 

10 ‘‘and’’ at the end; and 

11 (II) in subclause (II), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (B)(ii)(IV), by 

14 inserting ‘‘and’’ at the end; and 

15 (iii) in subparagraph (C)(i)— 

16 (I) in subclause (II) by inserting 

17 ‘‘, including where a grant will sup18 port the plans of an Interstate Pas19 senger Rail Commission or other enti20 ty with the goal of developing a re21 gional passenger rail system involving 

22 2 or more States’’ before the semi23 colon; 


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1 (II) in subclause (IV), by insert2 ing ‘‘electrification or’’ after ‘‘in3 volve’’; and 

4 (III) in subclause (V), by striking 

5 the semicolon and inserting ‘‘, includ6 ing as a result of transit-oriented de7 velopment, connectivity between areas 

8 of high-economic development and 

9 areas with a low cost of living, or the 

10 agglomeration of effects along a pas11 senger rail corridor;’’; 

12 (IV) in subclause (VI) by striking 

13 ‘‘and’’ at the end; 

14 (V) by redesignating subclause 

15 (VII) as subclause (IX); and 

16 (VI) by inserting after subclause 

17 (VI) the following: 

18 ‘‘(VII) impacts associated with 

19 equity, resilience, sustainability, eco20 nomic development and climate; 

21 ‘‘(VIII) ability to serve an eligible 

22 place, as such term is defined in sec23 tion 41731; and’’; and 

24 (B) in paragraph (3)— 


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1 (i) by striking ‘‘The Secretary’’ and 

2 inserting ‘‘(A) The Secretary’’; and 

3 (ii) by adding at the end the fol4 lowing: 

5 ‘‘(B) The Secretary shall not establish 

6 mandatory spending timelines for costs and ac7 tivities associated with the project.’’; 

8 (4) in the heading of subsection (f), by striking 

9 ‘‘FEDERAL SHARE’’ and inserting ‘‘FUNDING’’; 

10 (5) in subsection (f), 

11 (A) by striking ‘‘The Federal share’’ and 

12 all that follows and inserting ‘‘(1) FEDERAL

13 SHARE.—With respect to the net capital cost of 

14 a project financed under this section, the Fed15 eral share of such cost may be up to 100 per16 cent.’’; and 

17 (B) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) NON-FEDERAL SHARE.— 

20 ‘‘(A) The Secretary shall prioritize financ21 ing capital projects in high-speed rail corridors 

22 with respect to which at least 20 percent of the 

23 project net capital cost is funded through speci24 fied financial sources. 


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1 ‘‘(B) In this section, the term ‘specified fi2 nancial source’ means— 

3 ‘‘(i) the Railroad Rehabilitation and 

4 Improvement Finance program under 

5 chapter V of the Railroad Revitalization 

6 and Regulatory Reform Act of 1976 (45 

7 U.S.C. 821 et seq.); 

8 ‘‘(ii) the transportation infrastructure 

9 finance and innovation program in chapter 

10 6 of title 23; 

11 ‘‘(iii) funding provided by the govern12 ment of a country that is adjacent to the 

13 international border of the United States 

14 through which the proposed corridor will 

15 cross; 

16 ‘‘(iv) a State, local, or private source; 

17 or 

18 ‘‘(v) any combination of the sources 

19 described in clauses (i) through (v). 

20 ‘‘(C) For any funds derived from the pro21 grams described in clauses (i) or (ii) of sub22 paragraph (B) that are used to finance costs 

23 associated with capital projects in high-speed 

24 rail corridors, such funds shall be repaid from 

25 State, local, or private sources.’’; 


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1 (6) by striking subsection (g) and inserting the 

2 following: 

3 ‘‘(g) PRESIDENTIAL BORDER PERMITS.—With re4 spect to any project that requires construction, connection, 

5 operation, or maintenance, at the international boundaries 

6 of the United States, the Secretary of State shall provide 

7 the applicant of such project with the necessary Presi8 dential permits required for such project, unless the Sec9 retary of State determines that the provision of such per10 mit would not be in the interest of national security.’’; and 

11 (7) by striking subsection (h) and inserting the 

12 following: 

13 ‘‘(h) PROJECTS OR ACTIVITIES FOR HIGHER-SPEED

14 RAIL.— 

15 ‘‘(1) IN GENERAL.—With respect to grants 

16 awarded under this section, the Secretary may 

17 award not more than 20 percent of grants under 

18 this section for projects or activities for higher-speed 

19 rail. 

20 ‘‘(2) RELEVANT REQUIREMENTS.—With respect 

21 to grants under paragraph (1), the Secretary may 

22 apply requirements for high-speed rail to projects or 

23 activities for higher-speed rail, where applicable.’’. 

24 (g) ADVANCE ACQUISITION.— 


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1 (1) IN GENERAL.—Chapter 242 of title 49, 

2 United States Code, is amended by inserting after 

3 section 24202 the following: 

4 ‘‘§ 24203. Advance acquisition 

5 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec6 retary may allow a recipient of a grant under this part 

7 or part D of this subtitle for a passenger rail project to 

8 acquire right-of-way and adjacent real property interests 

9 before or during the completion of the environmental re10 views for a project that may use such property interests 

11 if the acquisition is otherwise permitted under Federal 

12 law. 

13 ‘‘(b) CERTIFICATION.—Before authorizing advance 

14 acquisition under this section, the Secretary shall verify 

15 that— 

16 ‘‘(1) the recipient has authority to acquire the 

17 real property interest; 

18 ‘‘(2) the acquisition of the real property inter19 est— 

20 ‘‘(A) is for a transportation purpose; 

21 ‘‘(B) will not cause significant adverse en22 vironmental impact; 

23 ‘‘(C) will not limit the choice of reasonable 

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1 wise influence the decision of the Secretary on 

2 any approval required for the project; 

3 ‘‘(D) does not prevent the lead agency 

4 from making an impartial decision as to wheth5 er to accept an alternative that is being consid6 ered; 

7 ‘‘(E) complies with other applicable Fed8 eral laws and regulations; and 

9 ‘‘(F) will not result in elimination or re10 duction of benefits or assistance to a displaced 

11 person required by the Uniform Relocation As12 sistance and Real Property Acquisition Policies 

13 Act of 1970 (42 U.S.C. 4601 et seq.) and title 

14 VI of the Civil Rights Act of 1964 (42 U.S.C. 

15 2000d et seq.). 

16 ‘‘(c) ENVIRONMENTAL REVIEWS.— 

17 ‘‘(1) COMPLETION OF NEPA REVIEW.—Before 

18 authorizing Federal funding for an acquisition of a 

19 real property interest, the Secretary shall complete 

20 all review processes otherwise required under the 

21 National Environmental Policy Act of 1969 (42 

22 U.S.C. 4321 et seq.), section 4(f) of the Department 

23 of Transportation Act of 1966 (49 U.S.C. 303), and 

24 section 106 of the National Historic Preservation 

25 Act (16 U.S.C. 470f) with respect to the acquisition. 


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1 ‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 

2 A real property interest acquired under subsection 

3 (a) may not be developed in anticipation of the pro4 posed project until all required environmental re5 views for the project have been completed.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions for chapter 242 of title 49, United States 

8 Code, is amended by inserting after the item relating 

9 to section 24202 the following: 

‘‘24203. Advance acquisition.’’. 

10 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

11 Section 26104 of title 49, United States Code, is 

12 amended— 

13 (a) by amending subsection (a) to read as follows: 

14 ‘‘(a) HIGH-SPEED RAIL CORRIDOR PLANNING.— 

15 There is authorized to be appropriated to carry out section 

16 26101 $3,000,000,000 for each of fiscal years 2024 

17 through 2028.’’; 

18 (b) by redesignating subsection (b) as subsection (e); 

19 and 

20 (c) by inserting after subsection (a) the following: 

21 ‘‘(b) HIGH-SPEED RAIL TECHNOLOGY IMPROVE22 MENTS.—There is authorized to be appropriated to carry 

23 out section 26102 $3,000,000,000 for each of fiscal years 

24 2024 through 2028. 


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1 ‘‘(c) HIGH-SPEED RAIL CORRIDOR DEVELOP2 MENT.—There is authorized to be appropriated to carry 

3 out section 26106 $35,000,000,000 for each of fiscal years 

4 2024 through 2028. 

5 ‘‘(d) RESTRICTION.—Not more than 20 percent of 

6 the total funds made available under sections 26101 and 

7 26106 for a fiscal year may be spent on projects or activi8 ties for higher-speed passenger trains.’’. 

9 SEC. 4. PILOT PROGRAM FOR TRANSIT-ORIENTED DEVEL10 OPMENT PLANNING. 

11 Section 20005(b) of the Moving Ahead for Progress 

12 in the 21st Century Act (23 U.S.C. 101 note) is amended 

13 by adding at the end the following: 

14 ‘‘(4) SPECIAL CONSIDERATION.—With respect 

15 to eligible projects involving high-speed rail corridor 

16 development, the Secretary shall give greater consid17 eration to communities in which such projects are 

18 proposed to occur. 

19 ‘‘(5) AUTHORIZATIONS OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $20,000,000 for each of fiscal years 

22 2024 through 2028.’’. 

23 SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS. 

24 Section 22402(f) of title 49, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(8) AVAILABILITY OF GRANT AMOUNTS.— 

2 Amounts provided under the heading ‘Office of the 

3 Secretary—National Infrastructure Investments’ in 

4 the Department of Transportation Appropriations 

5 Act, 2016 (title I of division L of Public Law 114– 

6 113), the Transportation, Housing and Urban De7 velopment, and Related Agencies Appropriations 

8 Act, 2018 (title I of division L of Public Law 115– 

9 141), or any subsequent appropriation Act may be 

10 used to pay credit risk premiums under this sub11 section.’’. 

12 SEC. 6. ACQUIRING FREIGHT TRAIN RIGHT OF WAY. 

13 (a) IN GENERAL.—Chapter 261 of title 49, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 26107. Acquiring freight rail right-of-way 

17 ‘‘(a) SALE OF PROPERTY.—A rail carrier may sell, 

18 grant an easement on, or lease real property to a recipient 

19 of financial assistance under section 26101 or section 

20 26106. 

21 ‘‘(b) GRANTS FOR ACQUISITION OF ADDITIONAL

22 REAL PROPERTY ALONG RIGHT-OF-WAY.—In the case of 

23 a rail carrier that sells, grants an easement, or leases 

24 property under subsection (a) and that acquires additional 

25 real property along the portion of the right-of-way subject 


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1 to such sale, grant, or lease, the Secretary of Transpor2 tation shall make one or more grants to such rail carrier 

3 which, in the aggregate, shall not exceed the aggregate 

4 amounts received by such rail carrier pursuant to such 

5 sale, grant, or lease. 

6 ‘‘(c) TAX TREATMENT.— 

7 ‘‘(1) EXCLUSION OF GAIN, ETC.—Any gain on 

8 the sale of any interest in real property described in 

9 subsection (a) (including the granting of an ease10 ment on such real property), or any payment made 

11 under any lease of such real property, shall not be 

12 includible in the gross income of such rail carrier for 

13 purposes of the Internal Revenue Code of 1986. 

14 ‘‘(2) EXCLUSION OF GRANT AMOUNTS.—The 

15 amount of grant provided under subsection (b) shall 

16 not be includible in the gross income of the recipient 

17 of such grant for purposes of the Internal Revenue 

18 Code of 1986. 

19 ‘‘(3) EXCLUSION OF CERTAIN CAPITAL IM20 PROVEMENTS.—Any capital investment or improve21 ment (including turnouts, passing track, signaling, 

22 crossings, and barriers) made pursuant to section 

23 26101 or section 26106 by a recipient of financial 

24 assistance under such section on any real property 

25 owned by the rail carrier referred to in subsection 


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1 (a) shall not be includible in the gross income of 

2 such rail carrier for purposes of the Internal Rev3 enue Code of 1986. 

4 ‘‘(d) APPLICABILITY OF LAW.—Section 28103 shall 

5 apply to property described in subsection (a).’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 261 of title 49, United States Code, is amended by 

8 adding at the end the following: 

‘‘26107. Acquiring freight rail right-of-way.’’. 

9 SEC. 7. OPERATORS DEEMED RAIL CARRIERS AND EM10 PLOYERS. 

11 Section 22905(b) of title 49, United States Code, is 

12 amended— 

13 (1) in the heading by striking ‘‘OPERATORS’’ 

14 and inserting ‘‘COVERED PERSONS’’; 

15 (2) by striking ‘‘A person that’’ and all that fol16 lows through ‘‘chapter’’ and inserting ‘‘(1) IN GEN17 ERAL.—A covered person’’; 

18 (3) by striking ‘‘as defined in Section 

19 10102(5)’’ and all that follows through ‘‘applies’’ 

20 and inserting ‘‘only for the purposes of making it 

21 subject to the laws of the United States referred to 

22 in section 10501(c)(3)(A) of title 49, United States 

23 Code’’; 

24 (4) by redesignating paragraphs (1), (2), and 

25 (3) as (i), (ii), and (iii); and 


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1 (5) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) COVERED PERSON DEFINED.—In this sub4 section, the term ‘covered person’— 

5 ‘‘(A) means— 

6 ‘‘(i) a person that conducts passenger 

7 rail operations over rail infrastructure con8 structed or improved with funding provided 

9 in whole or in part in a grant made under 

10 this chapter; and 

11 ‘‘(ii) a person that performs work for, 

12 or in support of, passenger rail operations 

13 that is work performed by employees in 

14 crafts and classes recognized under section 

15 2 of the Railway Labor Act (45 U.S.C. 

16 152); 

17 ‘‘(B) does not include— 

18 ‘‘(i) an employer engaged primarily in 

19 the building and construction industry (as 

20 such term is used in section 8(f) of the 

21 National Labor Relations Act (29 U.S.C. 

22 158(f))) who is solely performing work as 

23 a contractor for a rail carrier; 


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1 ‘‘(ii) an employer solely performing 

2 work as a contractor or subcontractor 

3 for— 

4 ‘‘(I) a railroad that owns, uses, 

5 or is contracted to perform work on, 

6 rail infrastructure constructed or im7 proved with funding provided in whole 

8 or in part in a grant made under this 

9 chapter; or 

10 ‘‘(II) an operator that uses such 

11 infrastructure, 

12 consistent with a collective bargaining 

13 agreement between the railroad or operator 

14 and a union representing employees in a 

15 craft or class recognized under section 2 of 

16 the Railway Labor Act (45 U.S.C. 152).’’. 

Æ 


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