H.R. 9036

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9036 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9036

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

May 26, 2026

Mr. Moulton (for himself, Ms. DelBene, Mr. Garcia of California, Mr. 
Boyle of Pennsylvania, Mr. Johnson of Georgia, Mrs. Ramirez, Mr. 
Deluzio, Mr. Doggett, Ms. Bonamici, Mr. Frost, Mr. Goldman of New York, 
Mr. Garcia of Illinois, Mrs. Watson Coleman, Mr. Kennedy of New York, 
Mr. Mullin, Mrs. Foushee, Ms. McClellan, Mr. Beyer, Mr. Cleaver, Ms. 
Tlaib, Mr. Thanedar, Mr. Davis of Illinois, Mr. Smith of Washington, 
Mr. Larson of Connecticut, Ms. Garcia of Texas, Mr. Evans of 
Pennsylvania, Ms. Norton, Ms. Ocasio-Cortez, Mr. Carson, Mr. Cohen, Mr. 
Gottheimer, Ms. McBride, Mr. Jackson of Illinois, Mr. Casten, Mr. 
Suozzi, Ms. Salinas, Mr. Vargas, Ms. Omar, Ms. Schakowsky, Mr. Takano, 
Mr. Figures, Ms. Lofgren, Mr. Auchincloss, Mr. McGarvey, Ms. Mejia, 
Mrs. McIver, Mr. McGovern, and Mrs. Trahan) 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(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 regulations for all high-speed rail projects that 
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'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and 
inserting ``; and''; and
(4) by adding at the end the following paragraph:
``(7) the term `higher-speed rail'--
``(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).'';
(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 
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'';
(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 the following:
``(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) 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 2027 through 2031.'';
(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 2027 through 2031.
``(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 2027 through 2031.
``(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 2027 through 2031.''.

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:
``(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 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.''.

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 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. 7. LABOR PROTECTIONS AND WORKFORCE DEVELOPMENT.

(a) In General.--Section 22905 of title 49, United States Code, is 
amended--
(1) by redesignating subsections (c) through (f) as 
subsections (d) through (g), respectively; and
(2) by striking subsection (b) and inserting the following:
``(b) Operators and Certain Railroad Transportation Service 
Providers Deemed Rail Carriers and Employers for Certain Purposes.--A 
person that--
``(1) conducts passenger or freight rail operations over, 
or
``(2) performs work for, or in support of passenger rail 
operations that is work performed by employees in railroad 
industry crafts and classes recognized under paragraph Ninth of 
Section 2 of the Railway Labor Act (45 U.S.C. Sec. 152 Ninth) 
on rail infrastructure constructed or improved with funding 
provided in whole or in part in a grant made under this 
chapter,
shall be considered a rail carrier, and an employer 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 of the U.S. Code, and 
therefore shall be subject to: (i) the Railroad Retirement Act of 1974 
(45 U.S.C. 231 et seq.), (ii) the Railway Labor Act (45 U.S.C. 151 et 
seq.), and (iii) the Railroad Unemployment Insurance Act (45 U.S.C. 351 
et seq.) but is not deemed to be a rail carrier for the purposes of, or 
subject to, any other law of the United States.
``(c) Notwithstanding section (b) above--
``(1) An employer engaged primarily in the building and 
construction industry, as that term is used in Section 8 (f) of 
the National Labor Relations Act (29 U.S.C. 158(f)) that is 
performing construction work as a contractor for a rail carrier 
shall not itself be considered a rail carrier solely as a 
result of performance of that work and shall be permitted to 
perform the work with employees who are not covered by (i) the 
Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); (ii) 
the Railway Labor Act (45 U.S.C. 151 et seq.); and (iii) the 
Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).
The exception described in clause (1) does not apply to the performance 
of railroad maintenance and repair work that is, and has been, 
historically and customarily performed by employees in railroad 
industry crafts and classes recognized under 45 U.S.C. Sec. 152 Ninth;
``(2) An employer performing work as a contractor or 
subcontractor for:
``(A) 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
``(B) an Operator that uses such infrastructure--
shall not itself be considered a rail carrier solely as a 
result of performance of that work, and shall be permitted to 
perform the work with employees who are not covered by (i) the 
Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) (ii) 
the Railway Labor Act (45 U.S.C. 151 et seq.); and (iii) the 
Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). 
when such work is performed consistent with a collective 
bargaining agreement between the railroad or Operator and a 
union representing employees in a railroad industry craft or 
class recognized under paragraph Ninth of Section 2 of the 
Railway Labor Act (45 U.S.C. Sec. 152 Ninth) covering work 
performed by that craft or class.''.
(b) Conforming Amendments.--Section 22909(j) of title 49, United 
States Code, is amended--
(1) in paragraph (1) by striking ``section 22905(f)'' and 
inserting ``section 22905(g)''; and
(2) in paragraph (3)(A)--
(A) by striking ``section 22905(e)(1)'' and 
inserting ``section 22905(f)(1)''; and
(B) by striking ``section 22905(c)(2)(B)'' and 
inserting ``section 22905(d)(2)(B)''.
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