I 
118TH CONGRESS 
2D SESSION 
H. R. 7600 
To amend chapter 261 of title 49, United States Code, to provide for high- 
speed 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. CHERFILUS- 
MCCORMICK, 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. LOF-
GREN) 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. 
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 ‘‘American High-Speed 
Rail Act’’. 
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SEC. 2. AMENDMENTS TO CERTAIN HIGH-SPEED RAIL AS-
SISTANCE PROVISIONS. 
(a) APPLICABILITY.—Amendments made by this Act, 
and the applications of such amendments to other persons 
or circumstances, to chapter 261 shall apply to any Fed-
eral assistance provided on or after the date of the enact-
ment of this Act. 
(b) HIGH-SPEED RAIL CORRIDOR PLANNING.—Sec-
tion 26101 of title 49, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or 
group of public agencies for corridor planning 
for up to 50 percent’’ and inserting ‘‘, a group 
of public agencies, or a consortium composed of 
a public agency or group of public agencies and 
a private entity, for corridor planning for up to 
100 percent’’; 
(B) in paragraph (2), by striking ‘‘No 
less’’ and all that follows through the period at 
the end and inserting ‘‘The Secretary shall 
prioritize providing financial assistance for cor-
ridor planning activities with respect to which 
at least 20 percent of the total costs associated 
with eligible activities shall be from specified fi-
nancial sources.’’; and 
(C) by adding at the end the following: 
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‘‘(3) In this subsection, the term ‘specified fi-
nancial source’ means— 
‘‘(A) the Railroad Rehabilitation and Im-
provement Finance program under chapter V of 
the Railroad Revitalization and Regulatory Re-
form Act of 1976 (45 U.S.C. 821 et seq.); 
‘‘(B) the transportation infrastructure fi-
nance and innovation program in chapter 6 of 
title 23; 
‘‘(C) funding provided by the government 
of a country that is adjacent to the inter-
national border of the United States through 
which the proposed corridor will cross; 
‘‘(D) a State, local, or private source; or 
‘‘(E) any combination of the sources de-
scribed in subparagraphs (A) through (D). 
‘‘(4) For any funds derived from the programs 
described in subparagraphs (A) and (B) of para-
graph (3) that are used for costs associated with eli-
gible activities, such funds shall be repaid from 
State, local, or private sources.’’; 
(2) in subsection (b)— 
(A) by striking paragraph (2); and 
(B) by striking ‘‘(1) A corridor’’ and in-
serting ‘‘A corridor’’; 
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(3) in subsection (c)— 
(A) in paragraph (13) by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (14) as 
paragraph (16); and 
(C) by inserting after paragraph (13) the 
following: 
‘‘(14) impacts associated with equity, resilience, 
sustainability, economic development, and climate; 
‘‘(15) the potential to serve an eligible place, as 
such term is defined in section 41731; and’’; and 
(4) by adding at the end the following sub-
section: 
‘‘(d) PROJECTS OR ACTIVITIES FOR HIGHER-SPEED 
RAIL.— 
‘‘(1) IN
GENERAL.—With respect to grants 
awarded under this section, the Secretary may 
award not more than 20 percent of grants under 
this section for projects or activities for higher-speed 
rail. 
‘‘(2) RELEVANT REQUIREMENTS.—With respect 
to grants under paragraph (1), the Secretary may 
apply requirements for high-speed rail to projects or 
activities for higher-speed rail, where applicable.’’. 
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(c) HIGH-SPEED
RAIL
TECHNOLOGY
IMPROVE-
MENTS.—Section 26102 of title 49, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(d) FACTOR TO CONSIDER.—In providing financial 
assistance to eligible recipients under subsection (b), the 
Secretary may consider activities that incorporate the use 
of technologies that facilitate intermodal connections and 
connections with other passenger rail systems.’’. 
(d) SAFETY REGULATIONS.—Section 26103(1) of 
title 49, United States Code, is amended by striking 
‘‘such’’ and all that follows through the semicolon at the 
end and inserting ‘‘comprehensive, performance-based reg-
ulations for all high-speed rail projects that shall not in-
hibit interoperability within the high-speed rail network;’’. 
(e) DEFINITIONS.—Section 26105 of title 49, United 
States Code, is amended— 
(1) in paragraph (2), by striking ‘‘of more than 
125 miles per hour’’ and inserting ‘‘of 186 miles per 
hour or more’’; and 
(2) by adding at the end the following para-
graph: 
‘‘(7) the term ‘higher-speed rail’— 
‘‘(A) means all forms of nonhighway 
ground transportation that run on rails or elec-
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tromagnetic guideways providing transportation 
service which is— 
‘‘(i) reasonably expected to reach sus-
tained speeds of more than 110 miles per 
hour but less than 186 miles per hour; and 
‘‘(ii) made available to members of the 
general public as passengers; and 
‘‘(B) does not include rapid transit oper-
ations within an urban area that are not con-
nected to the general rail system of transpor-
tation.’’. 
(f) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 
Section 26106 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a), by adding at the end the 
following: ‘‘In carrying out the program, the Sec-
retary may designate high-speed rail corridors.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘or Am-
trak’’ and inserting ‘‘Amtrak, or a consortium 
of a private entity and one or more of any of 
the entities listed in this paragraph’’; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘before the date 
of the enactment of MAP–21 (Public Law 112– 
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141) or a corridor designated by the Secretary 
under subsection (a).’’; 
(C) by striking paragraph (4); and 
(D) by redesignating paragraphs (5) and 
(6) as paragraphs (4) and (5), respectively; 
(3) in subsection (e)— 
(A) in paragraph (2)— 
(i) in subparagraph (B)(i)— 
(I) in subclause (I), by adding 
‘‘and’’ at the end; and 
(II) in subclause (II), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B)(ii)(IV), by 
inserting ‘‘and’’ at the end; and 
(iii) in subparagraph (C)(i)— 
(I) in subclause (II) by inserting 
‘‘, including where a grant will sup-
port the plans of an Interstate Pas-
senger Rail Commission or other enti-
ty with the goal of developing a re-
gional passenger rail system involving 
2 or more States’’ before the semi-
colon; 
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(II) in subclause (IV), by insert-
ing ‘‘electrification or’’ after ‘‘in-
volve’’; and 
(III) in subclause (V), by striking 
the semicolon and inserting ‘‘, includ-
ing as a result of transit-oriented de-
velopment, connectivity between areas 
of high-economic development and 
areas with a low cost of living, or the 
agglomeration of effects along a pas-
senger rail corridor;’’; 
(IV) in subclause (VI) by striking 
‘‘and’’ at the end; 
(V) by redesignating subclause 
(VII) as subclause (IX); and 
(VI) by inserting after subclause 
(VI) the following: 
‘‘(VII) impacts associated with 
equity, resilience, sustainability, eco-
nomic development and climate; 
‘‘(VIII) ability to serve an eligible 
place, as such term is defined in sec-
tion 41731; and’’; and 
(B) in paragraph (3)— 
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(i) by striking ‘‘The Secretary’’ and 
inserting ‘‘(A) The Secretary’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) The Secretary shall not establish 
mandatory spending timelines for costs and ac-
tivities associated with the project.’’; 
(4) in the heading of subsection (f), by striking 
‘‘FEDERAL SHARE’’ and inserting ‘‘FUNDING’’; 
(5) in subsection (f), 
(A) by striking ‘‘The Federal share’’ and 
all that follows and inserting ‘‘(1) FEDERAL 
SHARE.—With respect to the net capital cost of 
a project financed under this section, the Fed-
eral share of such cost may be up to 100 per-
cent.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) NON-FEDERAL SHARE.— 
‘‘(A) The Secretary shall prioritize financ-
ing capital projects in high-speed rail corridors 
with respect to which at least 20 percent of the 
project net capital cost is funded through speci-
fied financial sources. 
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‘‘(B) In this section, the term ‘specified fi-
nancial source’ means— 
‘‘(i) the Railroad Rehabilitation and 
Improvement 
Finance 
program 
under 
chapter V of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 
U.S.C. 821 et seq.); 
‘‘(ii) the transportation infrastructure 
finance and innovation program in chapter 
6 of title 23; 
‘‘(iii) funding provided by the govern-
ment of a country that is adjacent to the 
international border of the United States 
through which the proposed corridor will 
cross; 
‘‘(iv) a State, local, or private source; 
or 
‘‘(v) any combination of the sources 
described in clauses (i) through (v). 
‘‘(C) For any funds derived from the pro-
grams described in clauses (i) or (ii) of sub-
paragraph (B) that are used to finance costs 
associated with capital projects in high-speed 
rail corridors, such funds shall be repaid from 
State, local, or private sources.’’; 
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(6) by striking subsection (g) and inserting the 
following: 
‘‘(g) PRESIDENTIAL BORDER PERMITS.—With re-
spect to any project that requires construction, connection, 
operation, or maintenance, at the international boundaries 
of the United States, the Secretary of State shall provide 
the applicant of such project with the necessary Presi-
dential permits required for such project, unless the Sec-
retary of State determines that the provision of such per-
mit would not be in the interest of national security.’’; and 
(7) by striking subsection (h) and inserting the 
following: 
‘‘(h) PROJECTS OR ACTIVITIES FOR HIGHER-SPEED 
RAIL.— 
‘‘(1) IN
GENERAL.—With respect to grants 
awarded under this section, the Secretary may 
award not more than 20 percent of grants under 
this section for projects or activities for higher-speed 
rail. 
‘‘(2) RELEVANT REQUIREMENTS.—With respect 
to grants under paragraph (1), the Secretary may 
apply requirements for high-speed rail to projects or 
activities for higher-speed rail, where applicable.’’. 
(g) ADVANCE ACQUISITION.— 
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(1) IN
GENERAL.—Chapter 242 of title 49, 
United States Code, is amended by inserting after 
section 24202 the following: 
‘‘§ 24203. Advance acquisition 
‘‘(a) RAIL CORRIDOR PRESERVATION.—The Sec-
retary may allow a recipient of a grant under this part 
or part D of this subtitle for a passenger rail project to 
acquire right-of-way and adjacent real property interests 
before or during the completion of the environmental re-
views for a project that may use such property interests 
if the acquisition is otherwise permitted under Federal 
law. 
‘‘(b) CERTIFICATION.—Before authorizing advance 
acquisition under this section, the Secretary shall verify 
that— 
‘‘(1) the recipient has authority to acquire the 
real property interest; 
‘‘(2) the acquisition of the real property inter-
est— 
‘‘(A) is for a transportation purpose; 
‘‘(B) will not cause significant adverse en-
vironmental impact; 
‘‘(C) will not limit the choice of reasonable 
alternatives for the proposed project or other-
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wise influence the decision of the Secretary on 
any approval required for the project; 
‘‘(D) does not prevent the lead agency 
from making an impartial decision as to wheth-
er to accept an alternative that is being consid-
ered; 
‘‘(E) complies with other applicable Fed-
eral laws and regulations; and 
‘‘(F) will not result in elimination or re-
duction of benefits or assistance to a displaced 
person required by the Uniform Relocation As-
sistance and Real Property Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.) and title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.). 
‘‘(c) ENVIRONMENTAL REVIEWS.— 
‘‘(1) COMPLETION OF NEPA REVIEW.—Before 
authorizing Federal funding for an acquisition of a 
real property interest, the Secretary shall complete 
all review processes otherwise required under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), section 4(f) of the Department 
of Transportation Act of 1966 (49 U.S.C. 303), and 
section 106 of the National Historic Preservation 
Act (16 U.S.C. 470f) with respect to the acquisition. 
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‘‘(2) TIMING OF DEVELOPMENT ACQUISITION.— 
A real property interest acquired under subsection 
(a) may not be developed in anticipation of the pro-
posed project until all required environmental re-
views for the project have been completed.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 242 of title 49, United States 
Code, is amended by inserting after the item relating 
to section 24202 the following: 
‘‘24203. Advance acquisition.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 26104 of title 49, United States Code, is 
amended— 
(a) by amending subsection (a) to read as follows: 
‘‘(a) HIGH-SPEED RAIL CORRIDOR PLANNING.— 
There is authorized to be appropriated to carry out section 
26101 $3,000,000,000 for each of fiscal years 2024 
through 2028.’’; 
(b) by redesignating subsection (b) as subsection (e); 
and 
(c) by inserting after subsection (a) the following: 
‘‘(b) HIGH-SPEED RAIL TECHNOLOGY IMPROVE-
MENTS.—There is authorized to be appropriated to carry 
out section 26102 $3,000,000,000 for each of fiscal years 
2024 through 2028. 
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‘‘(c) 
HIGH-SPEED
RAIL
CORRIDOR
DEVELOP-
MENT.—There is authorized to be appropriated to carry 
out section 26106 $35,000,000,000 for each of fiscal years 
2024 through 2028. 
‘‘(d) RESTRICTION.—Not more than 20 percent of 
the total funds made available under sections 26101 and 
26106 for a fiscal year may be spent on projects or activi-
ties for higher-speed passenger trains.’’. 
SEC. 4. PILOT PROGRAM FOR TRANSIT-ORIENTED DEVEL-
OPMENT PLANNING. 
Section 20005(b) of the Moving Ahead for Progress 
in the 21st Century Act (23 U.S.C. 101 note) is amended 
by adding at the end the following: 
‘‘(4) SPECIAL
CONSIDERATION.—With respect 
to eligible projects involving high-speed rail corridor 
development, the Secretary shall give greater consid-
eration to communities in which such projects are 
proposed to occur. 
‘‘(5) AUTHORIZATIONS OF APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $20,000,000 for each of fiscal years 
2024 through 2028.’’. 
SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS. 
Section 22402(f) of title 49, United States Code, is 
amended by adding at the end the following: 
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‘‘(8) AVAILABILITY
OF
GRANT
AMOUNTS.— 
Amounts provided under the heading ‘Office of the 
Secretary—National Infrastructure Investments’ in 
the Department of Transportation Appropriations 
Act, 2016 (title I of division L of Public Law 114– 
113), the Transportation, Housing and Urban De-
velopment, and Related Agencies Appropriations 
Act, 2018 (title I of division L of Public Law 115– 
141), or any subsequent appropriation Act may be 
used to pay credit risk premiums under this sub-
section.’’. 
SEC. 6. ACQUIRING FREIGHT TRAIN RIGHT OF WAY. 
(a) IN GENERAL.—Chapter 261 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 26107. Acquiring freight rail right-of-way 
‘‘(a) SALE OF PROPERTY.—A rail carrier may sell, 
grant an easement on, or lease real property to a recipient 
of financial assistance under section 26101 or section 
26106. 
‘‘(b) GRANTS
FOR ACQUISITION
OF ADDITIONAL 
REAL PROPERTY ALONG RIGHT-OF-WAY.—In the case of 
a rail carrier that sells, grants an easement, or leases 
property under subsection (a) and that acquires additional 
real property along the portion of the right-of-way subject 
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to such sale, grant, or lease, the Secretary of Transpor-
tation shall make one or more grants to such rail carrier 
which, in the aggregate, shall not exceed the aggregate 
amounts received by such rail carrier pursuant to such 
sale, grant, or lease. 
‘‘(c) TAX TREATMENT.— 
‘‘(1) EXCLUSION OF GAIN, ETC.—Any gain on 
the sale of any interest in real property described in 
subsection (a) (including the granting of an ease-
ment on such real property), or any payment made 
under any lease of such real property, shall not be 
includible in the gross income of such rail carrier for 
purposes of the Internal Revenue Code of 1986. 
‘‘(2) EXCLUSION
OF
GRANT
AMOUNTS.—The 
amount of grant provided under subsection (b) shall 
not be includible in the gross income of the recipient 
of such grant for purposes of the Internal Revenue 
Code of 1986. 
‘‘(3) EXCLUSION
OF
CERTAIN
CAPITAL
IM-
PROVEMENTS.—Any capital investment or improve-
ment (including turnouts, passing track, signaling, 
crossings, and barriers) made pursuant to section 
26101 or section 26106 by a recipient of financial 
assistance under such section on any real property 
owned by the rail carrier referred to in subsection 
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(a) shall not be includible in the gross income of 
such rail carrier for purposes of the Internal Rev-
enue Code of 1986. 
‘‘(d) APPLICABILITY OF LAW.—Section 28103 shall 
apply to property described in subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 261 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘26107. Acquiring freight rail right-of-way.’’. 
SEC. 7. OPERATORS DEEMED RAIL CARRIERS AND EM-
PLOYERS. 
Section 22905(b) of title 49, United States Code, is 
amended— 
(1) in the heading by striking ‘‘OPERATORS’’ 
and inserting ‘‘COVERED PERSONS’’; 
(2) by striking ‘‘A person that’’ and all that fol-
lows through ‘‘chapter’’ and inserting ‘‘(1) IN GEN-
ERAL.—A covered person’’; 
(3) 
by 
striking 
‘‘as 
defined 
in 
Section 
10102(5)’’ and all that follows through ‘‘applies’’ 
and inserting ‘‘only for the purposes of making it 
subject to the laws of the United States referred to 
in section 10501(c)(3)(A) of title 49, United States 
Code’’; 
(4) by redesignating paragraphs (1), (2), and 
(3) as (i), (ii), and (iii); and 
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(5) by adding at the end the following new 
paragraph: 
‘‘(2) COVERED PERSON DEFINED.—In this sub-
section, the term ‘covered person’— 
‘‘(A) means— 
‘‘(i) a person that conducts passenger 
rail operations over rail infrastructure con-
structed or improved with funding provided 
in whole or in part in a grant made under 
this chapter; and 
‘‘(ii) a person that performs work for, 
or in support of, passenger rail operations 
that is work performed by employees in 
crafts and classes recognized under section 
2 of the Railway Labor Act (45 U.S.C. 
152); 
‘‘(B) does not include— 
‘‘(i) an employer engaged primarily in 
the building and construction industry (as 
such term is used in section 8(f) of the 
National Labor Relations Act (29 U.S.C. 
158(f))) who is solely performing work as 
a contractor for a rail carrier; 
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‘‘(ii) an employer solely performing 
work as a contractor or subcontractor 
for— 
‘‘(I) a railroad that owns, uses, 
or is contracted to perform work on, 
rail infrastructure constructed or im-
proved with funding provided in whole 
or in part in a grant made under this 
chapter; or 
‘‘(II) an operator that uses such 
infrastructure, 
consistent with a collective bargaining 
agreement between the railroad or operator 
and a union representing employees in a 
craft or class recognized under section 2 of 
the Railway Labor Act (45 U.S.C. 152).’’. 
Æ 
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