I 

116TH CONGRESS 

2D SESSION H. R. 8926 

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 

DECEMBER 9, 2020 

Mr. MOULTON (for himself, Ms. DELBENE, and Mr. BRENDAN F. BOYLE 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’’; and 


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1 (3) by adding at the end the following sub2 section: 

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

4 RAIL.— 

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

6 awarded under this section, the Secretary may 

7 award not more than 20 percent of grants under 

8 this section for projects or activities for higher-speed 

9 rail. 

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

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

12 apply requirements for high-speed rail to projects or 

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

14 (c) HIGH-SPEED RAIL TECHNOLOGY IMPROVE15 MENTS.—Section 26102 of title 49, United States Code, 

16 is amended by adding at the end the following new sub17 section: 

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

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

20 Secretary may consider activities that incorporate the use 

21 of technologies that facilitate intermodal connections and 

22 connections with other passenger rail systems.’’. 

23 (d) SAFETY REGULATIONS.—Section 26103 of title 

24 49, United States Code, is amended by striking ‘‘such’’ 

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1 formance-based regulations for all high-speed rail projects. 

2 Such regulations shall not inhibit interoperability within 

3 the high-speed rail network.’’ 

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

5 States Code, is amended— 

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

7 125 miles per hour’’ and inserting ‘‘of 186 miles per 

8 hour or more’’; and 

9 (2) by adding at the end the following para10 graph: 

11 ‘‘(7) the term ‘higher-speed’— 

12 ‘‘(A) means all forms of nonhighway 

13 ground transportation that run on rails or elec14 tromagnetic guideways providing transportation 

15 service which is— 

16 ‘‘(i) reasonably expected to reach sus17 tained speeds of more than 110 miles per 

18 hour but less than 186 miles per hour; and 

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

20 general public as passengers; and 

21 ‘‘(B) does not include rapid transit oper22 ations within an urban area that are not con23 nected to the general rail system of transpor24 tation.’’. 


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

2 Section 26106 of title 49, United States Code, is amend3 ed— 

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

5 following: ‘‘In carrying out the program, the Sec6 retary may designate high-speed rail corridors.’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (1), by striking ‘‘or Am9 trak’’ and inserting ‘‘, Amtrak, or a consortium 

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

11 the entities listed in this paragraph’’; 

12 (B) in paragraph (2), by striking the pe13 riod at the end and inserting ‘‘before the date 

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

15 141) or a corridor designated by the Secretary 

16 under subsection (a).’’; and 

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

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

19 miles per hour or more’’; 

20 (3) in subsection (e)— 

21 (A) in paragraph (2)— 

22 (i) in subparagraph (B)(i)— 

23 (I) in clause (I), by adding ‘‘and’’ 

24 at the end; and 


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1 (II) in clause (II), by striking 

2 ‘‘and’’ at the end; 

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

4 inserting ‘‘and’’ at the end; and 

5 (iii) in subparagraph (C)(i)— 

6 (I) in clause (IV), by inserting 

7 ‘‘electrification or’’ after ‘‘involve’’; 

8 and 

9 (II) in clause (V), by striking the 

10 semicolon and inserting ‘‘, including 

11 as a result of transit-oriented develop12 ment, connectivity between areas of 

13 high-economic development and areas 

14 with a low cost of living, or the ag15 glomeration of effects along a pas16 senger rail corridor.’’; and 

17 (B) in paragraph (3)— 

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

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

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(B) The Secretary shall not establish 

23 mandatory spending timelines for costs and ac24 tivities associated with the project.’’; 


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

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

3 (5) in subsection (f), 

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

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

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

7 a project financed under this section, the Fed8 eral share of such cost may be up to 100 per9 cent.’’; and 

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

11 paragraph: 

12 ‘‘(2) NON-FEDERAL SHARE.— 

13 ‘‘(A) The Secretary shall prioritize financ14 ing capital projects in high-speed rail corridors 

15 with respect to which at least 20 percent of the 

16 project net capital cost is funded through speci17 fied financial sources. 

18 ‘‘(B) In this section, the term ‘specified fi19 nancial source’ means— 

20 ‘‘(i) the Railroad Rehabilitation and 

21 Improvement Finance program under 

22 chapter V of the Railroad Revitalization 

23 and Regulatory Reform Act of 1976 (45 

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


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1 ‘‘(ii) the transportation infrastructure 

2 finance and innovation program in chapter 

3 6 of title 23; 

4 ‘‘(iii) funding provided by the govern5 ment of a country that is adjacent to the 

6 international border of the United States 

7 through which the proposed corridor will 

8 cross; 

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

10 or 

11 ‘‘(v) any combination of the sources 

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

13 ‘‘(C) For any funds derived from the pro14 grams described in clauses (i) or (ii) of sub15 paragraph (B) that are used to finance costs 

16 associated with capital projects in high-speed 

17 rail corridors, such funds shall be repaid from 

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

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

20 following: 

21 ‘‘(g) PRESIDENTIAL BORDER PERMITS.—With re22 spect to any project that requires construction, connection, 

23 operation, or maintenance, at the international boundaries 

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

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1 dential permits required for such project, unless the Sec2 retary of State determines that the provision of such per3 mit would not be in the interest of national security.’’; and 

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

5 following: 

6 ‘‘(h) RAILROAD RIGHT-OF-WAY.— 

7 ‘‘(1) IN GENERAL.—Prior to the completion of 

8 environmental reviews required for the project or 

9 corridor planning activity, the Secretary shall assist 

10 a recipient of grant under section 26101 or this sec11 tion with the acquisition of a right-of-way if the ac12 quisition of such right-of-way is otherwise permitted 

13 under Federal law. 

14 ‘‘(2) LIMITATION ON DEVELOPMENT.—With re15 spect to a right-of-way granted under paragraph (1), 

16 the recipient of such grant shall not develop such 

17 right-of-way until such recipient completes all re18 quired environmental reviews for the project or cor19 ridor planning activity. 

20 ‘‘(i) PROJECTS OR ACTIVITIES FOR HIGHER-SPEED

21 RAIL.— 

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

23 awarded under this section, the Secretary may 

24 award not more than 20 percent of grants under 


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1 this section for projects or activities for higher-speed 

2 rail. 

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

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

5 apply requirements for high-speed rail to projects or 

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

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

8 the Amtrak Reform and Accountability Act of 1997 (49 

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

10 made available for Amtrak)’’. 

11 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

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

13 amended— 

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

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

16 There is authorized to be appropriated to carry out section 

17 26101 $3,000,000,000 for each of fiscal years 2021 

18 through 2025.’’; 

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

20 and 

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

22 ‘‘(b) HIGH-SPEED RAIL TECHNOLOGY IMPROVE23 MENTS.—There is authorized to be appropriated to carry 

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

25 2021 through 2025. 


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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 2021 through 2025. 

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. TRANSIT-ORIENTED DEVELOPMENT PLANNING. 

10 (a) METROPOLITAN TRANSPORTATION PLANNING.— 

11 Section 5303 of title 49, United States Code, is amend12 ed— 

13 (1) in subsection (h)(1)— 

14 (A) in subparagraph (A), by striking ‘‘and 

15 efficiency’’ and inserting ‘‘efficiency, regional 

16 land development, and economic development’’; 

17 (B) in subparagraph (H), by striking ‘‘; 

18 and’’ and inserting a semicolon; 

19 (C) in subparagraph (I), by striking the 

20 period at the end and inserting a semicolon; 

21 and 

22 (D) by adding at the end the following 

23 subparagraphs: 

24 ‘‘(J) decrease user travel time, decrease 

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1 tation system, increase in user safety, and pro2 ductivity gains for the metropolitan area cal3 culated at present value; and 

4 ‘‘(K) decrease the public health, environ5 mental, and other economic costs of pollution 

6 and emissions.’’; and 

7 (2) subsection (i)(2)(A)(ii), by inserting ‘‘, and 

8 as the factors compare across transportation modes 

9 for,’’ after ‘‘relate to’’. 

10 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR11 TATION PLANNING.—Subsection (d)(1) of section 5304 of 

12 title 49, United States Code, is amended— 

13 (1) in subparagraph (A), by striking ‘‘and effi14 ciency’’ and inserting ‘‘efficiency, regional land de15 velopment, and economic development’’; 

16 (2) in subparagraph (H), by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (3) in subparagraph (I), by striking the period 

19 at the end and inserting a semicolon; and 

20 (4) by adding at the end the following subpara21 graphs: 

22 ‘‘(J) decrease user travel time, decrease 

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1 ductivity gains for the State calculated at 

2 present value; and 

3 ‘‘(K) decrease the public health, environ4 mental, and other economic costs of pollution 

5 and emissions.’’. 

6 (c) PILOT PROGRAM.—Section 20005(b) of the Mov7 ing Ahead for Progress in the 21st Century Act (23 

8 U.S.C. 101 note) is amended by adding at the end the 

9 following: 

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

11 to eligible projects involving high-speed rail corridor 

12 development, the Secretary shall give greater consid13 eration to communities in which such projects are 

14 proposed to occur. 

15 ‘‘(5) AUTHORIZATIONS OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

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

18 2021 through 2025.’’. 

19 SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS. 

20 Section 502(f) of the Railroad Revitalization and 

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

22 amended by adding at the end the following: 

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

24 Amounts provided under the heading ‘Office of the 

25 Secretary—National Infrastructure Investments’ in 


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1 the Department of Transportation Appropriations 

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

3 113), the Transportation, Housing and Urban De4 velopment, and Related Agencies Appropriations 

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

6 141), or any subsequent appropriation Act may be 

7 used to pay credit risk premiums under this sub8 section. 

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

10 shall repay the credit risk premium required under 

11 this subsection not later than 60 days after the date 

12 on which all obligations attached to each such loan 

13 have been satisfied.’’. 

14 SEC. 6. PRIVATE ACTIVITY BONDS. 

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

16 of the Internal Revenue Code of 1986 is amended by strik17 ing ‘‘$15,000,000,000’’ and inserting ‘‘$30,000,000,000’’. 

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

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

20 the date of the enactment of this Act. 

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

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

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘§ 26107. Acquiring freight rail right-of-way 

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

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

4 of financial assistance under section 26101 or section 

5 26106. 

6 ‘‘(b) GRANTS FOR ACQUISITION OF ADDITIONAL

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

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

9 property under subsection (a) and that acquires additional 

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

11 to such sale, grant, or lease, the Secretary of Transpor12 tation shall make one or more grants to such rail carrier 

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

14 amounts received by such rail carrier pursuant to such 

15 sale, grant, or lease. 

16 ‘‘(c) TAX TREATMENT.— 

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

18 the sale of any interest in real property described in 

19 subsection (a) (including the granting of an ease20 ment on such real property), or any payment made 

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

22 includible in the gross income of such rail carrier for 

23 purposes of the Internal Revenue Code of 1986. 

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

25 amount of grant provided under subsection (b) shall 

26 not be includible in the gross income of the recipient 


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1 of such grant for purposes of the Internal Revenue 

2 Code of 1986. 

3 ‘‘(3) EXCLUSION OF CERTAIN CAPITAL IM4 PROVEMENTS.—Any capital investment or improve5 ment (including turnouts, passing track, signaling, 

6 crossings, and barriers) made pursuant to section 

7 26101 or section 26106 by a recipient of financial 

8 assistance under such section on any real property 

9 owned by the rail carrier referred to in subsection 

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

11 such rail carrier for purposes of the Internal Rev12 enue Code of 1986. 

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

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

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 261 of title 49, United States Code, is amended by 

17 adding at the end the following: 

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

18 SEC. 8. OPERATORS DEEMED RAIL CARRIERS AND EM19 PLOYERS. 

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

21 amended— 

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

23 and inserting ‘‘COVERED PERSONS’’; 


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1 (2) by striking ‘‘A person that’’ and all that fol2 lows through ‘‘chapter’’ and inserting ‘‘(1) IN GEN3 ERAL.—A covered person’’; 

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

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

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

7 subject to the laws of the United States referred to 

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

9 Code’’; 

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

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

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

13 paragraph: 

14 ‘‘(2) COVERED PERSON DEFINED.—In this sub15 section, the term ‘covered person’— 

16 ‘‘(A) means— 

17 ‘‘(i) a person that conducts passenger 

18 rail operations over rail infrastructure con19 structed or improved with funding provided 

20 in whole or in part in a grant made under 

21 this chapter; and 

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

23 or in support of, passenger rail operations 

24 that is work performed by employees in 

25 crafts and classes recognized under section 


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1 2 of the Railway Labor Act (45 U.S.C. 

2 152); 

3 ‘‘(B) does not include— 

4 ‘‘(i) an employer engaged primarily in 

5 the building and construction industry (as 

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

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

8 158(f))) who is solely performing work as 

9 a contractor for a rail carrier; 

10 ‘‘(ii) an employer solely performing 

11 work as a contractor or subcontractor 

12 for— 

13 ‘‘(I) a railroad that owns, uses, 

14 or is contracted to perform work on, 

15 rail infrastructure constructed or im16 proved with funding provided in whole 

17 or in part in a grant made under this 

18 chapter; or 

19 ‘‘(II) an operator that uses such 

20 infrastructure, 

21 consistent with a collective bargaining 

22 agreement between the railroad or operator 

23 and a union representing employees in a 


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1 craft or class recognized under section 2 of 

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

Æ 


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