I 

117TH CONGRESS 

1ST SESSION H. R. 1845 

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 11, 2021 

Mr. MOULTON (for himself, Ms. DELBENE, Mr. BRENDAN F. BOYLE of Pennsylvania, and Mr. MICHAEL F. DOYLE of Pennsylvania) 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 of title 

11 49, United States Code, is amended by striking ‘‘such’’ 

12 and all that follows and inserting ‘‘comprehensive, per13 formance-based regulations for all high-speed rail projects. 

14 Such regulations shall not inhibit interoperability within 

15 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’— 

24 ‘‘(A) means all forms of nonhighway 

25 ground transportation that run on rails or elecVerDate Sep 11 2014 21:31 May 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1845.IH H1845

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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).’’; and 

3 (C) in paragraph (4), by striking ‘‘of at 

4 least 110 miles per hour’’ and inserting ‘‘of 186 

5 miles per hour or more’’; 

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) INTERSTATE COMPACTS.—Section 410(b)(2) of 

25 the Amtrak Reform and Accountability Act of 1997 (49 


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1 U.S.C. 24101 note) is amended by striking ‘‘(except funds 

2 made available for Amtrak)’’. 

3 (h) ADVANCE ACQUISITION.— 

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

5 United States Code, is amended by inserting after 

6 section 24202 the following: 

7 ‘‘§ 24203. Advance acquisition 

8 ‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec9 retary may allow a recipient of a grant under this part 

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

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

12 before or during the completion of the environmental re13 views for a project that may use such property interests 

14 if the acquisition is otherwise permitted under Federal 

15 law. 

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

17 acquisition under this section, the Secretary shall verify 

18 that— 

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

20 real property interest; 

21 ‘‘(2) the acquisition of the real property inter22 est— 

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

24 ‘‘(B) will not cause significant adverse en25 vironmental impact; 


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

2 alternatives for the proposed project or other3 wise influence the decision of the Secretary on 

4 any approval required for the project; 

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

6 from making an impartial decision as to wheth7 er to accept an alternative that is being consid8 ered; 

9 ‘‘(E) complies with other applicable Fed10 eral laws and regulations; and 

11 ‘‘(F) will not result in elimination or re12 duction of benefits or assistance to a displaced 

13 person required by the Uniform Relocation As14 sistance and Real Property Acquisition Policies 

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

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

17 2000d et seq.). 

18 ‘‘(c) ENVIRONMENTAL REVIEWS.— 

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

20 authorizing Federal funding for an acquisition of a 

21 real property interest, the Secretary shall complete 

22 all review processes otherwise required under the 

23 National Environmental Policy Act of 1969 (42 

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

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


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1 section 106 of the National Historic Preservation 

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

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

4 A real property interest acquired under subsection 

5 (a) may not be developed in anticipation of the pro6 posed project until all required environmental re7 views for the project have been completed.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions for chapter 242 of title 49, United States 

10 Code, is amended by inserting after the item relating 

11 to section 24202 the following: 

‘‘24203. Advance acquisition.’’. 

12 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

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

14 amended— 

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

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

17 There is authorized to be appropriated to carry out section 

18 26101 $3,000,000,000 for each of fiscal years 2022 

19 through 2026.’’; 

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

21 and 

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

23 ‘‘(b) HIGH-SPEED RAIL TECHNOLOGY IMPROVE24 MENTS.—There is authorized to be appropriated to carry 


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

2 2022 through 2026. 

3 ‘‘(c) HIGH-SPEED RAIL CORRIDOR DEVELOP4 MENT.—There is authorized to be appropriated to carry 

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

6 2022 through 2026. 

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

8 the total funds made available under sections 26101 and 

9 26106 for a fiscal year may be spent on projects or activi10 ties for higher-speed passenger trains.’’. 

11 SEC. 4. PILOT PROGRAM FOR TRANSIT-ORIENTED DEVEL12 OPMENT PLANNING. 

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

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

15 by adding at the end the following: 

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

17 to eligible projects involving high-speed rail corridor 

18 development, the Secretary shall give greater consid19 eration to communities in which such projects are 

20 proposed to occur. 

21 ‘‘(5) AUTHORIZATIONS OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

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

24 2022 through 2026.’’. 


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1 SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS. 

2 Section 502(f) of the Railroad Revitalization and 

3 Regulatory Reform Act of 1976 (45 U.S.C. 822) is 

4 amended by adding at the end the following: 

5 ‘‘(5) AVAILABILITY OF GRANT AMOUNTS.— 

6 Amounts provided under the heading ‘Office of the 

7 Secretary—National Infrastructure Investments’ in 

8 the Department of Transportation Appropriations 

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

10 113), the Transportation, Housing and Urban De11 velopment, and Related Agencies Appropriations 

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

13 141), or any subsequent appropriation Act may be 

14 used to pay credit risk premiums under this sub15 section. 

16 ‘‘(6) REFUND OF PREMIUM.—The Secretary 

17 shall repay the credit risk premium required under 

18 this subsection not later than 60 days after the date 

19 on which all obligations attached to each such loan 

20 have been satisfied.’’. 

21 SEC. 6. PRIVATE ACTIVITY BONDS. 

22 (a) NATIONAL LIMITATION.—Section 142(m)(2)(A) 

23 of the Internal Revenue Code of 1986 is amended by strik24 ing ‘‘$15,000,000,000’’ and inserting ‘‘$30,000,000,000’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply to allocations made on or after 

3 the date of the enactment of this Act. 

4 SEC. 7. ACQUIRING FREIGHT TRAIN RIGHT OF WAY. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 26107. Acquiring freight rail right-of-way 

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

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

11 of financial assistance under section 26101 or section 

12 26106. 

13 ‘‘(b) GRANTS FOR ACQUISITION OF ADDITIONAL

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

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

16 property under subsection (a) and that acquires additional 

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

18 to such sale, grant, or lease, the Secretary of Transpor19 tation shall make one or more grants to such rail carrier 

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

21 amounts received by such rail carrier pursuant to such 

22 sale, grant, or lease. 

23 ‘‘(c) TAX TREATMENT.— 

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

25 the sale of any interest in real property described in 


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1 subsection (a) (including the granting of an ease2 ment on such real property), or any payment made 

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

4 includible in the gross income of such rail carrier for 

5 purposes of the Internal Revenue Code of 1986. 

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

7 amount of grant provided under subsection (b) shall 

8 not be includible in the gross income of the recipient 

9 of such grant for purposes of the Internal Revenue 

10 Code of 1986. 

11 ‘‘(3) EXCLUSION OF CERTAIN CAPITAL IM12 PROVEMENTS.—Any capital investment or improve13 ment (including turnouts, passing track, signaling, 

14 crossings, and barriers) made pursuant to section 

15 26101 or section 26106 by a recipient of financial 

16 assistance under such section on any real property 

17 owned by the rail carrier referred to in subsection 

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

19 such rail carrier for purposes of the Internal Rev20 enue Code of 1986. 

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

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

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 261 of title 49, United States Code, is amended by 

25 adding at the end the following: 

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


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1 SEC. 8. OPERATORS DEEMED RAIL CARRIERS AND EM2 PLOYERS. 

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

4 amended— 

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

6 and inserting ‘‘COVERED PERSONS’’; 

7 (2) by striking ‘‘A person that’’ and all that fol8 lows through ‘‘chapter’’ and inserting ‘‘(1) IN GEN9 ERAL.—A covered person’’; 

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

11 10102(5)’’ and all that follows through ‘‘applies’’ 

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

13 subject to the laws of the United States referred to 

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

15 Code’’; 

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

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

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

19 paragraph: 

20 ‘‘(2) COVERED PERSON DEFINED.—In this sub21 section, the term ‘covered person’— 

22 ‘‘(A) means— 

23 ‘‘(i) a person that conducts passenger 

24 rail operations over rail infrastructure con25 structed or improved with funding provided 


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1 in whole or in part in a grant made under 

2 this chapter; and 

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

4 or in support of, passenger rail operations 

5 that is work performed by employees in 

6 crafts and classes recognized under section 

7 2 of the Railway Labor Act (45 U.S.C. 

8 152); 

9 ‘‘(B) does not include— 

10 ‘‘(i) an employer engaged primarily in 

11 the building and construction industry (as 

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

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

14 158(f))) who is solely performing work as 

15 a contractor for a rail carrier; 

16 ‘‘(ii) an employer solely performing 

17 work as a contractor or subcontractor 

18 for— 

19 ‘‘(I) a railroad that owns, uses, 

20 or is contracted to perform work on, 

21 rail infrastructure constructed or im22 proved with funding provided in whole 

23 or in part in a grant made under this 

24 chapter; or 


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1 ‘‘(II) an operator that uses such 

2 infrastructure, 

3 consistent with a collective bargaining 

4 agreement between the railroad or operator 

5 and a union representing employees in a 

6 craft or class recognized under section 2 of 

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

Æ 


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