[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1845 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1845

 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 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.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. AMENDMENTS TO CERTAIN HIGH-SPEED RAIL ASSISTANCE 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 Federal assistance provided on or after 
the date of the enactment of this Act.
    (b) High-Speed Rail Corridor Planning.--Section 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 corridor planning activities 
                with respect to which at least 20 percent of the total 
                costs associated with eligible activities shall be from 
                specified financial sources.''; and
                    (C) by adding at the end the following:
            ``(3) In this subsection, the term `specified financial 
        source' means--
                    ``(A) 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.);
                    ``(B) the transportation infrastructure finance and 
                innovation program in chapter 6 of title 23;
                    ``(C) funding provided by the government of a 
                country that is adjacent to the international 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 described in 
                subparagraphs (A) through (D).
            ``(4) For any funds derived from the programs described in 
        subparagraphs (A) and (B) of paragraph (3) that are used for 
        costs associated with eligible 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 inserting 
                ``A corridor'';
            (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 subsection:
    ``(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.''.
    (c) High-Speed Rail Technology Improvements.--Section 26102 of 
title 49, United States Code, is amended by adding at the end the 
following new subsection:
    ``(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 of title 49, United States 
Code, is amended by striking ``such'' and all that follows and 
inserting ``comprehensive, performance-based regulations for all high-
speed rail projects. Such regulations shall not inhibit 
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 paragraph:
            ``(7) the term `higher-speed'--
                    ``(A) means all forms of nonhighway ground 
                transportation that run on rails or electromagnetic 
                guideways providing transportation service which is--
                            ``(i) reasonably expected to reach 
                        sustained 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 operations 
                within an urban area that are not connected to the 
                general rail system of transportation.''.
    (f) High-Speed Rail Corridor Development.--Section 26106 of title 
49, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following: 
        ``In carrying out the program, the Secretary may designate 
        high-speed rail corridors.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``or Amtrak'' 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 period at the 
                end and inserting ``before the date of the enactment of 
                MAP-21 (Public Law 112-141) or a corridor designated by 
                the Secretary under subsection (a).''; and
                    (C) in paragraph (4), by striking ``of at least 110 
                miles per hour'' and inserting ``of 186 miles per hour 
                or more'';
            (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 
                                support the plans of an Interstate 
                                Passenger Rail Commission or other 
                                entity with the goal of developing a 
                                regional passenger rail system 
                                involving 2 or more States'' before the 
                                semicolon;
                                    (II) in subclause (IV), by 
                                inserting ``electrification or'' after 
                                ``involve''; and
                                    (III) in subclause (V), by striking 
                                the semicolon and inserting ``, 
                                including as a result of transit-
                                oriented development, connectivity 
                                between areas of high-economic 
                                development and areas with a low cost 
                                of living, or the agglomeration of 
                                effects along a passenger 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, 
                                economic development and climate
                                    ``(VIII) ability to serve an 
                                eligible place, as such term is defined 
                                in section 41731; and''; and
                    (B) in paragraph (3)--
                            (i) by striking ``The Secretary'' and 
                        inserting ``(A) The Secretary''; and
                            (ii) by adding at the end the following:
                    ``(B) The Secretary shall not establish mandatory 
                spending timelines for costs and activities 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 Federal share of such cost may 
                be up to 100 percent.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Non-federal share.--
                    ``(A) The Secretary shall prioritize financing 
                capital projects in high-speed rail corridors with 
                respect to which at least 20 percent of the project net 
                capital cost is funded through specified financial 
                sources.
                    ``(B) In this section, the term `specified 
                financial 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 government 
                        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 programs 
                described in clauses (i) or (ii) of subparagraph (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.'';
            (6) by striking subsection (g) and inserting the following:
    ``(g) Presidential Border Permits.--With respect 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 
Presidential permits required for such project, unless the Secretary of 
State determines that the provision of such permit 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) Interstate Compacts.--Section 410(b)(2) of the Amtrak Reform 
and Accountability Act of 1997 (49 U.S.C. 24101 note) is amended by 
striking ``(except funds made available for Amtrak)''.
    (h) Advance Acquisition.--
            (1) In general.--Chapter 242 of title 49, United States 
        Code, is amended by inserting after section 24202 the 
        following:
``Sec. 24203. Advance acquisition
    ``(a) Rail Corridor Preservation.--The Secretary 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 
reviews 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 interest--
                    ``(A) is for a transportation purpose;
                    ``(B) will not cause significant adverse 
                environmental impact;
                    ``(C) will not limit the choice of reasonable 
                alternatives for the proposed project or otherwise 
                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 whether to accept an 
                alternative that is being considered;
                    ``(E) complies with other applicable Federal laws 
                and regulations; and
                    ``(F) will not result in elimination or reduction 
                of benefits or assistance to a displaced person 
                required by the Uniform Relocation Assistance 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.
            ``(2) Timing of development acquisition.--A real property 
        interest acquired under subsection (a) may not be developed in 
        anticipation of the proposed project until all required 
        environmental reviews for the project have been completed.''.
            (2) Clerical amendment.--The table of sections 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 2022 through 2026.'';
    (b) by redesignating subsection (b) as subsection (e); and
    (c) by inserting after subsection (a) the following:
    ``(b) High-Speed Rail Technology Improvements.--There is authorized 
to be appropriated to carry out section 26102 $3,000,000,000 for each 
of fiscal years 2022 through 2026.
    ``(c) High-Speed Rail Corridor Development.--There is authorized to 
be appropriated to carry out section 26106 $35,000,000,000 for each of 
fiscal years 2022 through 2026.
    ``(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 activities for higher-speed passenger trains.''.

SEC. 4. PILOT PROGRAM FOR TRANSIT-ORIENTED DEVELOPMENT 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 consideration 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 2022 through 2026.''.

SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS.

    Section 502(f) of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822) is amended by adding at the end the 
following:
            ``(5) 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 Development, 
        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 subsection.
            ``(6) Refund of premium.--The Secretary shall repay the 
        credit risk premium required under this subsection not later 
        than 60 days after the date on which all obligations attached 
        to each such loan have been satisfied.''.

SEC. 6. PRIVATE ACTIVITY BONDS.

    (a) National Limitation.--Section 142(m)(2)(A) of the Internal 
Revenue Code of 1986 is amended by striking ``$15,000,000,000'' and 
inserting ``$30,000,000,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to allocations made on or after the date of the enactment of this 
Act.

SEC. 7. 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 following:
``Sec. 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 
to such sale, grant, or lease, the Secretary of Transportation 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 easement 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 improvements.--Any 
        capital investment or improvement (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 (a) shall not be 
        includible in the gross income of such rail carrier for 
        purposes of the Internal Revenue Code of 1986.
    ``(d) Applicability of Law.--Section 28103 shall apply to property 
described in subsection (a).''.
    (b) Clerical Amendment.--The analysis for chapter 261 of title 49, 
United States Code, is amended by adding at the end the following:

``26107. Acquiring freight rail right-of-way.''.

SEC. 8. OPERATORS DEEMED RAIL CARRIERS AND EMPLOYERS.

    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 follows 
        through ``chapter'' and inserting ``(1) In general.--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
            (5) by adding at the end the following new paragraph:
            ``(2) Covered person defined.--In this subsection, the term 
        `covered person'--
                    ``(A) means--
                            ``(i) a person that conducts passenger rail 
                        operations over rail infrastructure constructed 
                        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;
                            ``(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 
                                improved 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).''.
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