I 

116TH CONGRESS 

1ST SESSION H. R. 1849 

To modify the treatment of certain loans in consideration for fixed guideway 

capital investment grants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2019 

Mr. MALINOWSKI (for himself, Mr. SIRES, Mrs. WATSON COLEMAN, Mr. 

SMITH of New Jersey, Mr. PALLONE, Mr. PASCRELL, Mr. PAYNE, Mr. 

NORCROSS, Mr. VAN DREW, Mr. KIM, Mr. GOTTHEIMER, and Ms. 

SHERRILL) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To modify the treatment of certain loans in consideration 

for fixed guideway capital investment grants, 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 ‘‘Transportation Fund5 ing Fairness Act’’. 


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1 SEC. 2. TREATMENT OF CERTAIN LOANS IN CONSIDER2 ATION FOR FIXED GUIDEWAY CAPITAL IN3 VESTMENT GRANTS. 

4 (a) IN GENERAL.—Section 603(b)(8) of title 23, 

5 United States Code, is amended to read as follows: 

6 ‘‘(8) NON-FEDERAL SHARE.— 

7 ‘‘(A) IN GENERAL.—A State or other eligi8 ble sponsor may elect to have proceeds of a cov9 ered loan treated as any non-Federal share of 

10 project costs required under this title or chapter 

11 53 of title 49, if the loan is repayable from non12 Federal funds. 

13 ‘‘(B) COVERED LOAN.—In this subpara14 graph, the term ‘covered loan’ means— 

15 ‘‘(i) a secured loan under the TIFIA 

16 program; and 

17 ‘‘(ii) a loan issued pursuant to the 

18 railroad rehabilitation and improvement fi19 nancing program authorized under sections 

20 501 through 503 of the Railroad Revital21 ization and Regulatory Reform Act of 

22 1976 (45 U.S.C. 821–823).’’. 

23 (b) SPECIAL RULE FOR FIXED GUIDEWAY CAPITAL

24 INVESTMENT GRANTS.—Section 5309(f) of title 49, 

25 United States Code, is amended by adding at the end the 

26 following: 


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1 ‘‘(3) SPECIAL RULE FOR PROCEEDS OF A COV2 ERED LOAN.— 

3 ‘‘(A) IN GENERAL.—In making the deter4 mination and assessment pursuant to para5 graphs (1) and (2), the Secretary— 

6 ‘‘(i) shall treat proceeds of a covered 

7 loan that a State has elected to treat as a 

8 non-Federal share of project costs pursu9 ant to section 603(b)(8) of title 23, United 

10 States Code, as a local financial commit11 ment; and 

12 ‘‘(ii) may not treat any such proceeds 

13 as non-local sources of capital and oper14 ating financing. 

15 ‘‘(B) COVERED LOAN.—In this subsection, 

16 the term ‘covered loan’ means— 

17 ‘‘(i) a secured loan under the TIFIA 

18 program (as such term is defined in sec19 tion 601 of title 23, United States Code); 

20 and 

21 ‘‘(ii) a loan issued pursuant to the 

22 railroad rehabilitation and improvement fi23 nancing program authorized under sections 

24 501 through 503 of the Railroad RevitalVerDate Sep 11 2014 05:24 Apr 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1849.IH H1849

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1 ization and Regulatory Reform Act of 

2 1976 (45 U.S.C. 821–823).’’. 

Æ 


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