,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ijcf ,,in ,,the ,,house ,,of ,,representatives ,may #bf1 #bjbf,mr4 ,moulton 7for himself1 ,ms4 ,del,bene1 ,mr4 ,garcia of ,california1 ,mr4 ,boyle of ,pennsylvania1 ,mr4 ,johnson of ,georgia1 ,mrs4 ,ramirez1 ,mr4 ,deluzio1 ,mr4 ,doggett1 ,ms4 ,bonamici1 ,mr4 ,frost1 ,mr4 ,goldman of ,new ,york1 ,mr4 ,garca of ,illinois1 ,mrs4 ,watson ,coleman1 ,mr4 ,kennedy of ,new ,york1 ,mr4 ,mullin1 ,mrs4 ,foushee1 ,ms4 ,mc,clellan1 ,mr4 ,beyer1 ,mr4 ,cleaver1 ,ms4 ,tlaib1 ,mr4 ,thanedar1 ,mr4 ,davis of ,illinois1 ,mr4 ,smith of ,washington1 ,mr4 ,larson of ,connecticut1 ,ms4 ,garcia of ,texas1 ,mr4 ,evans of ,pennsylvania1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,mr4 ,carson1 ,mr4 ,cohen1 ,mr4 ,gottheimer1 ,ms4 ,mc,bride1 ,mr4 ,jackson of ,illinois1 ,mr4 ,casten1 ,mr4 ,suozzi1 ,ms4 ,salinas1 ,mr4 ,vargas1 ,ms4 ,omar1 ,ms4 ,schakowsky1 ,mr4 ,takano1 ,mr4 ,figures1 ,ms4 ,lofgren1 ,mr4 ,auchincloss1 ,mr4 ,mc,garvey1 ,ms4 ,mejia1 ,mrs4 ,mc,iver1 ,mr4 ,mc,govern1 and ,mrs4 ,trahan7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend chapter #bfa of title #di1 ,united ,states ,code1 to provide for high-speed rail corridor development1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,high-,speed ,rail ,act4 #b4 ,amendments to certain high-speed rail assistance provisions 7a7 ,applicability ,amendments made by this ,act1 and the applications of such amendments to other persons or circumstances1 to chapter #bfa shall apply to any ,federal assistance provided on or after the date of the enactment of this ,act4 7b7 ,high-,speed rail corridor planning ,section #bfaja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking or group of public agencies for corridor planning for up to #ej percent and inserting 1 a group of public agencies1 or a consortium composed of a public agency or group of public agencies and a private entity1 for corridor planning for up to #ajj percent2 7,b7 in paragraph 7#b71 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 #bj percent of the total costs associated with eligible activities shall be from specified financial sources42 and 7,c7 by adding at the end the following3 7#c7 ,in this subsection1 the term specified financial source means-- 7,a7 the ,railroad ,rehabilitation and ,improvement ,finance program under chapter ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq472 7,b7 the transportation infrastructure finance and innovation program in chapter #f of title #bc2 7,c7 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 cross2 7,d7 a ,state1 local1 or private source2 or 7,e7 any combination of the sources described in subparagraphs 7,a7 through 7,d74 7#d7 ,for any funds derived from the programs described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 that are used for costs associated with eligible activities1 such funds shall be repaid from ,state1 local1 or private sources4 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by striking 7#a7 ,a corridor and inserting ,a corridor2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#ac7 by striking and at the end2 7,b7 by redesignating paragraph 7#ad7 as paragraph 7#af72 and 7,c7 by inserting after paragraph 7#ac7 the following3 7#ad7 impacts associated with equity1 resilience1 sustainability1 economic development1 and climate2 7#ae7 the potential to serve an eligible place1 as such term is defined in section #dagca2 and 2 and 7#d7 by adding at the end the following subsection3 7d7 ,projects or activities for higher-,speed rail 7#a7 ,in general ,with respect to grants awarded under this section1 the ,secretary may award not more than #bj percent of grants under this section for projects or activities for higher-speed rail4 7#b7 ,relevant requirements ,with respect to grants under paragraph 7#a71 the ,secretary may apply requirements for high-speed rail to projects or activities for higher-speed rail1 where applicable4 4 7c7 ,high-,speed rail technology improvements ,section #bfajb of title #di1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 ,factor ,to consider ,in providing financial assistance to eligible recipients under subsection 7b71 the ,secretary may consider activities that incorporate the use of technologies that facilitate intermodal connections and connections with other passenger rail systems4 4 7d7 ,safety regulations ,section #bfajc7a7 of title #di1 ,united ,states ,code1 is amended by striking such and all that follows through the semicolon at the end and inserting comprehensive1 performance-based regulations for all high-speed rail projects that shall not inhibit interoperability within the high-speed rail network24 7e7 ,definitions ,section #bfaje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking of more than #abe miles per hour and inserting of #ahf miles per hour or more2 7#b7 in paragraph 7#e71 by striking and at the end2 7#c7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following paragraph3 7#g7 the term higher-speed rail-- 7,a7 means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is-- 7i7 reasonably expected to reach sustained speeds of more than #aaj miles per hour but less than #ahf miles per hour2 and 7ii7 made available to members of the general public as passengers2 and 7,b7 does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation4 4 7f7 ,high-,speed rail corridor development ,section #bfajf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,in carrying out the program1 the ,secretary may designate high-speed rail corridors42 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking or ,amtrak and inserting ,amtrak1 or a consortium of a private entity and one or more of any of the entities listed in this paragraph2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting before the date of the enactment of ,,map-#ba 7,public ,law #aab-ada7 or a corridor designated by the ,secretary under subsection 7a742 7,c7 by striking paragraph 7#d72 and 7,d7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#d7 and 7#e71 respectively2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,b77i7-- 7,i7 in subclause 7,i71 by adding and at the end2 and 7,,ii7 in subclause 7,,ii71 by striking and at the end2 7ii7 in subparagraph 7,b77ii77,,iv71 by inserting and at the end2 and 7iii7 in subparagraph 7,c77i7-- 7,i7 in subclause 7,,ii7 by inserting 1 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 #b or more ,states before the semicolon2 7,,ii7 in subclause 7,,iv71 by inserting electrification or after involve2 7,,iii7 in subclause 7,v71 by striking the semicolon and inserting 1 including as a result of transit-oriented development1 connectivity between areas of high-economic development and areas with a low cost of living1 or the agglomeration of effects along a passenger rail corridor22 7,,iv7 in subclause 7,,vi7 by striking and at the end2 7,v7 by redesignating subclause 7,,vii7 as subclause 7,,ix72 and 7,,vi7 by inserting after subclause 7,,vi7 the following3 7,,vii7 impacts associated with equity1 resilience1 sustainability1 economic development and climate2 7,,viii7 ability to serve an eligible place1 as such term is defined in section #dagca2 and 2 and 7,b7 in paragraph 7#c7-- 7i7 by striking ,the ,secretary and inserting 7,a7 ,the ,secretary2 and 7ii7 by adding at the end the following3 7,b7 ,the ,secretary shall not establish mandatory spending timelines for costs and activities associated with the project4 2 7#d7 in the heading of subsection 7f71 by striking ,federal share and inserting ,funding2 7#e7 in subsection 7f7-- 7,a7 by striking ,the ,federal share and all that follows and inserting the following3 7#a7 ,federal share ,with respect to the net capital cost of a project financed under this section1 the ,federal share of such cost may be up to #ajj percent4 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,non-,federal share 7,a7 ,the ,secretary shall prioritize financing capital projects in high-speed rail corridors with respect to which at least #bj percent of the project net capital cost is funded through specified financial sources4 7,b7 ,in this section1 the term specified financial source means-- 7i7 the ,railroad ,rehabilitation and ,improvement ,finance program under chapter ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq472 7ii7 the transportation infrastructure finance and innovation program in chapter #f of title #bc2 7iii7 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 cross2 7iv7 a ,state1 local1 or private source2 or 7v7 any combination of the sources described in clauses 7i7 through 7v74 7,c7 ,for any funds derived from the programs described in clauses 7i7 or 7ii7 of subparagraph 7,b7 that are used to finance costs associated with capital projects in high-speed rail corridors1 such funds shall be repaid from ,state1 local1 or private sources4 2 7#f7 by striking subsection 7g7 and inserting the following3 7g7 ,presidential border permits ,with respect to any project that requires construction1 connection1 operation1 or maintenance1 at the international boundaries of the ,united ,states1 the ,secretary of ,state shall provide the applicant of such project with the necessary ,presidential permits required for such project1 unless the ,secretary of ,state determines that the provision of such permit would not be in the interest of national security4 2 and 7#g7 by striking subsection 7h7 and inserting the following3 7h7 ,projects or activities for higher-,speed rail 7#a7 ,in general ,with respect to grants awarded under this section1 the ,secretary may award not more than #bj percent of grants under this section for projects or activities for higher-speed rail4 7#b7 ,relevant requirements ,with respect to grants under paragraph 7#a71 the ,secretary may apply requirements for high-speed rail to projects or activities for higher-speed rail1 where applicable4 4 7g7 ,advance acquisition 7#a7 ,in general ,chapter #bdb of title #di1 ,united ,states ,code1 is amended by inserting after section #bdbjb the following3 #bdbjc4 ,advance acquisition 7a7 ,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 law4 7b7 ,certification ,before authorizing advance acquisition under this section1 the ,secretary shall verify that-- 7#a7 the recipient has authority to acquire the real property interest2 7#b7 the acquisition of the real property interest-- 7,a7 is for a transportation purpose2 7,b7 will not cause significant adverse environmental impact2 7,c7 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 project2 7,d7 does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered2 7,e7 complies with other applicable ,federal laws and regulations2 and 7,f7 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 #aigj 7#db ,u4,s4,c4 #dfja et seq47 and title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7c7 ,environmental reviews 7#a7 ,completion of ,,nepa review ,before authorizing ,federal funding for an acquisition of a real property interest1 the ,secretary shall complete all review processes otherwise required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 section #d7;f7 of the ,department of ,transportation ,act of #aiff 7#di ,u4,s4,c4 #cjc71 and section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f7 with respect to the acquisition4 7#b7 ,timing of development acquisition ,a real property interest acquired under subsection 7a7 may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed4 4 7#b7 ,clerical amendment ,the table of sections for chapter #bdb of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #bdbjb the following3 #bdbjc4 ,advance acquisition4 4 #c4 ,authorization of appropriations ,section #bfajd of title #di1 ,united ,states ,code1 is amended-- 7a7 by amending subsection 7a7 to read as follows3 7a7 ,high-,speed rail corridor planning ,there is authorized to be appropriated to carry out section #bfaja #c1jjj1jjj1jjj for each of fiscal years #bjbg through #bjca4 2 7b7 by redesignating subsection 7b7 as subsection 7e72 and 7c7 by inserting after subsection 7a7 the following3 7b7 ,high-,speed rail technology improvements ,there is authorized to be appropriated to carry out section #bfajb #c1jjj1jjj1jjj for each of fiscal years #bjbg through #bjca4 7c7 ,high-,speed rail corridor development ,there is authorized to be appropriated to carry out section #bfajf #ce1jjj1jjj1jjj for each of fiscal years #bjbg through #bjca4 7d7 ,restriction ,not more than #bj percent of the total funds made available under sections #bfaja and #bfajf for a fiscal year may be spent on projects or activities for higher-speed passenger trains4 4 #d4 ,pilot program for transit-oriented development planning ,section #bjjje7;b7 of the ,moving ,ahead for ,progress in the #bast ,century ,act 7#bc ,u4,s4,c4 #aja note7 is amended by adding at the end the following3 7#d7 ,special consideration ,with respect to eligible projects involving high-speed rail corridor development1 the ,secretary shall give greater consideration to communities in which such projects are proposed to occur4 7#e7 ,authorizations of appropriations ,there is authorized to be appropriated to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjbg through #bjca4 4 #e4 ,payments of credit risk premiums ,section #bbdjb7;f7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,availability of grant amounts ,amounts provided under the heading ,office of the ,secretary--,national ,infrastructure ,investments in the ,department of ,transportation ,appropriations ,act1 #bjaf 7title ,i of division ,l of ,public ,law #aad-aac71 the ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies ,appropriations ,act1 #bjah 7title ,i of division ,l of ,public ,law #aae-ada71 or any subsequent appropriation ,act may be used to pay credit risk premiums under this subsection4 4 #f4 ,acquiring freight train right of way 7a7 ,in general ,chapter #bfa of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bfajg4 ,acquiring freight rail right-of-way 7a7 ,sale of property ,a rail carrier may sell1 grant an easement on1 or lease real property to a recipient of financial assistance under section #bfaja or section #bfajf4 7b7 ,grants for acquisition of additional real property along right-of-,way ,in the case of a rail carrier that sells1 grants an easement1 or leases property under subsection 7a7 and that acquires additional real property along the portion of the right-of-way subject to such sale1 grant1 or lease1 the ,secretary of ,transportation shall make one or more grants to such rail carrier which1 in the aggregate1 shall not exceed the aggregate amounts received by such rail carrier pursuant to such sale1 grant1 or lease4 7c7 ,tax treatment 7#a7 ,exclusion of gain1 etc ,any gain on the sale of any interest in real property described in subsection 7a7 7including the granting of an easement on such real property71 or any payment made under any lease of such real property1 shall not be includible in the gross income of such rail carrier for purposes of the ,internal ,revenue ,code of #aihf4 7#b7 ,exclusion of grant amounts ,the amount of grant provided under subsection 7b7 shall not be includible in the gross income of the recipient of such grant for purposes of the ,internal ,revenue ,code of #aihf4 7#c7 ,exclusion of certain capital improvements ,any capital investment or improvement 7including turnouts1 passing track1 signaling1 crossings1 and barriers7 made pursuant to section #bfaja or section #bfajf by a recipient of financial assistance under such section on any real property owned by the rail carrier referred to in subsection 7a7 shall not be includible in the gross income of such rail carrier for purposes of the ,internal ,revenue ,code of #aihf4 7d7 ,applicability of law ,section #bhajc shall apply to property described in subsection 7a74 4 7b7 ,clerical amendment ,the analysis for chapter #bfa of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bfajg4 ,acquiring freight rail right-of-way4 4 #g4 ,labor protections and workforce development 7a7 ,in general ,section #bbije of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,operators and certain railroad transportation service providers deemed rail carriers and employers for certain purposes ,a person that-- 7#a7 conducts passenger or freight rail operations over1 or 7#b7 performs work for1 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 #b of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aeb ,ninth7 on rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter1 shall be considered a rail carrier1 and an employer only for the purposes of making it subject to the laws of the ,united ,states referred to in section #ajeja7;c77#c77;,a7 of title #di of the ,u4,s4 ,code1 and therefore shall be subject to3 7i7 the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq471 7ii7 the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq471 and 7iii7 the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #cea et seq47 but is not deemed to be a rail carrier for the purposes of1 or subject to1 any other law of the ,united ,states4 7c7 ,notwithstanding section 7b7 above-- 7#a7 ,an employer engaged primarily in the building and construction industry1 as that term is used in ,section #h 7f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f77 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 7i7 the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq472 7ii7 the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 and 7iii7 the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #cea et seq474 ,the exception described in clause 7#a7 does not apply to the performance of railroad maintenance and repair work that is1 and has been1 historically and customarily performed by employees in railroad industry crafts and classes recognized under #de ,u4,s4,c4 #aeb ,ninth2 7#b7 ,an employer performing work as a contractor or subcontractor for3 7,a7 a railroad that owns1 uses1 or is contracted to perform work on1 rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter1 or 7,b7 an ,operator that uses such infrastructure-- shall not itself be considered a rail carrier solely as a result of performance of that work1 and shall be permitted to perform the work with employees who are not covered by 7i7 the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq47 7ii7 the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 and 7iii7 the ,railroad ,unemployment ,insurance ,act 7#de ,u4,s4,c4 #cea et seq474 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 #b of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aeb ,ninth7 covering work performed by that craft or class4 4 7b7 ,conforming amendments ,section #bbiji7;j7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking section #bbije7;f7 and inserting section #bbije7;g72 and 7#b7 in paragraph 7#c77;,a7-- 7,a7 by striking section #bbije7;e77#a7 and inserting section #bbije7;f77#a72 and 7,b7 by striking section #bbije7;c77#b77;,b7 and inserting section #bbije7;d77#b77;,b74