I 
118TH CONGRESS 
1ST SESSION H. R. 4131 
To amend title 23 and title 49, United States Code, to remove transit- 
oriented development projects as projects eligible for assistance under 
the transportation infrastructure finance and innovation program and 
the railroad rehabilitation and improvement financing program, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2023 
Mr. PERRY introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To amend title 23 and title 49, United States Code, to 
remove transit-oriented development projects as projects 
eligible for assistance under the transportation infra-
structure finance and innovation program and the rail-
road rehabilitation and improvement financing program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Negating Obligations 
for Transit-Oriented Developments Act’’ or the ‘‘NO TOD 
Act’’. 
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SEC. 2. TRANSPORTATION INFRASTRUCTURE FINANCE AND 
INNOVATION PROGRAM. 
(a) GENERALLY APPLICABLE PROVISIONS.—Section 
601(a)(12) of title 23, United States Code, is amended— 
(1) by striking subparagraph (E); and 
(2) 
by 
redesignating 
subparagraphs 
(F) 
through (H) as subparagraphs (E) through (G), re-
spectively. 
(b) DETERMINATION OF ELIGIBILITY AND PROJECT 
SELECTION.—Section 602(a) of title 23, United States 
Code, is amended— 
(1) in paragraph (5)(B)— 
(A) by striking clause (ii); and 
(B) by redesignating clauses (iii) and (iv) 
as clauses (ii) and (iii), respectively; and 
(2) by adding at the end the following: 
‘‘(12) INELIGIBLE PROJECTS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, a transit-oriented devel-
opment project shall not be eligible to receive 
assistance under the TIFIA program. 
‘‘(B) DEFINITION.—In this paragraph, the 
term 
‘transit-oriented 
development 
project’ 
means a project or components of a project de-
signed for commercial or residential use.’’. 
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(c) CONFORMING AMENDMENT.—Section 608(a)(4) 
of title 23, United States Code, is amended— 
(1) by striking subparagraph (A); and 
(2) 
by 
striking 
‘‘(B) 
AIRPORT-RELATED 
PROJECTS’’ and all that follows through ‘‘The Sec-
retary’’ and inserting ‘‘The Secretary’’. 
(d) APPLICABILITY.—This section and the amend-
ments made by this section shall apply to project applica-
tions submitted on or after the date of enactment of this 
Act. 
SEC. 3. RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING. 
(a) IN GENERAL.—Section 22402 of title 49, United 
States Code, is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (D) by inserting ‘‘or’’ 
at the end; 
(B) in subparagraph (E) by striking ‘‘; or’’ 
and inserting a period at the end; and 
(C) by striking subparagraph (F); and 
(2) in subsection (c)(6) by striking ‘‘and in-
crease transit-oriented development’’. 
(b) APPLICABILITY.—This section and the amend-
ments made by this section shall apply to applications for 
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direct loans or guaranteed loans submitted on or after the 
date of enactment of this Act. 
SEC. 4. ELIMINATION OF TRANSIT-ORIENTED DEVELOP-
MENT PLANNING PILOT PROGRAM. 
Section 20005 of MAP–21 (49 U.S.C. 5303 note) is 
amended by striking subsection (b). 
Æ 
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