[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3409
To establish a Freight Rail Innovation Institute to carry out a
research and development program to develop new technologies for
freight rail locomotives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mr. Lamb (for himself and Mr. Michael F. Doyle of Pennsylvania)
introduced the following bill; which was referred to the Committee on
Science, Space, and Technology
_______________________________________________________________________
A BILL
To establish a Freight Rail Innovation Institute to carry out a
research and development program to develop new technologies for
freight rail locomotives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FREIGHT RAIL INNOVATION INSTITUTE.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Freight Rail Innovation Institute
``(a) Establishment.--Not later than 6 months after the date of the
enactment of this section, the Secretary of Transportation, in
coordination with the Secretary of Energy, representatives of the
National Laboratories, the National Institute of Standards and
Technology, and the National Science Foundation, and in partnership
with an eligible institution of higher education and a freight rail
locomotive manufacturer, shall establish a Freight Rail Innovation
Institute (referred to in this section as the `Institute') to carry out
a research and development program--
``(1) to develop--
``(A) technologies necessary for the design,
development, manufacturing, and operation of zero-
emission battery and hydrogen-powered freight
locomotives; and
``(B) technologies that enhance freight rail
safety, efficiency and utilization; and
``(2) to accelerate the deployment of--
``(A) zero-emission locomotives, including
passenger locomotives;
``(B) supporting supply chains;
``(C) advanced freight and logistics systems; and
``(D) related workforce development and education
innovations.
``(b) Activities.--The Institute shall--
``(1) research, develop, and deploy zero-emission battery-
and hydrogen-powered freight locomotives and locomotive
technologies;
``(2) develop and operate testing programs and
demonstration facilities;
``(3) develop advanced technologies that advance freight
rail safety, efficiency, logistics, and utilization;
``(4) develop and deploy an operating prototype hydrogen-
powered locomotive;
``(5) deploy a revenue service testing and demonstration
program to accelerate commercial adoption of battery electric
locomotives;
``(6) develop specific technologies and innovations to
support the manufacturing and deployment of zero-emission
locomotives for passenger rail;
``(7) pay wages to all laborers and mechanics employed by
the Institute at rates that are not less than those prevailing
for the same type of work for similar projects in the immediate
locality, consistent with the wage requirement set forth in
section 113(a) of title 23, United States Code;
``(8) ensure that the freight rail locomotive manufacturer
that is associated with the Institute fully complies with the
Buy America requirement set forth in section 22905(a) with
respect to manufacturing and production associated with the
Institute and as a result of new technologies, innovations, and
methods developed at least in part by the Institute; and
``(9) carry out other activities that the Secretary of
Transportation considers necessary.
``(c) Applicant Requirements.--Applicants seeking to establish the
Institute under this section shall--
``(1) be a partnership consisting of at least 1 institution
of higher education and at least 1 freight rail locomotive
manufacturer, which shall enter into a cost-sharing agreement
for purposes of the Institute; and
``(2) submit a comprehensive proposal to the Secretary of
Transportation that--
``(A) identifies how activities described in
subsection (b) will be carried out by the Institute;
and
``(B) includes a Memorandum of Understanding,
signed by all partners, that comprehensively addresses
all aspects of the Institute's work, including how
intellectual property and revenue sharing from
resulting technological developments will be handled;
``(C) includes such other information as the
Secretary may require.
``(d) Considerations.--In selecting the applicant that will receive
funding to establish the Institute, the Secretary of Transportation
shall consider--
``(1) the extent to which the applicant's proposal
maximizes greenhouse gas reductions and other environmental
benefits;
``(2) the ability of the applicant's proposal to increase
the use of low- and zero-emission freight rail technologies
among the United States freight and passenger rail industry;
``(3) the anticipated public benefits of the applicant's
proposal, including the creation of construction,
manufacturing, and services jobs that pay prevailing wages;
``(4) proposed plans to train workers from the area
surrounding the Institute to develop competitive advanced
manufacturing, battery or hydrogen power, and advanced freight
utilization, network safety and logistics technology skills;
``(5) the degree to which the applicant, including its
freight rail locomotive manufacturer, has experience--
``(A) carrying out battery and hydrogen research on
freight locomotives that reduce greenhouse gas
emissions; and
``(B) developing freight rail advanced signaling,
network safety, and logistics technologies;
``(6) the extent to which the applicant's proposal
increases the proportional amount of goods moved by freight
rail in the United States;
``(7) the extent to which such proposal--
``(A) maximizes the private share of the total cost
of the institute beyond the minimum level required
under subsection (d); and
``(B) sustains the private investment up to and
beyond 2026; and
``(8) whether the proposed Institute is located at a site
that--
``(A) has legacy rail infrastructure;
``(B) has access to freight rail tracks and rail
connections; and
``(C) is located on a redeveloped brownfield site
in close proximity to a freight rail locomotive
manufacturer, an institution of higher education, and a
short line or regional railroad.
``(e) Funding Requirement.--The non-Federal share of the costs of
the Institute's research and development program shall be not less than
50 percent.
``(f) Notification.--
``(1) Notice.--Not later than 3 days after Congress
appropriates funds for the Institute for any fiscal year, the
Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) the institution of higher education and
freight rail locomotive manufacturer that have been
selected to receive such funding to operate the
Institute; and
``(B) a summary of activities to be carried out by
the Institute.
``(2) Annual report.--Not later than 1 year after Congress
appropriates funds for the Institute for any fiscal year, the
Secretary shall submit a report to the committees listed under
paragraph (1) that summarizes the work of the Institute on--
``(A) low- and zero-emission rail technologies;
``(B) increased freight rail utilization; and
``(C) training a workforce in advanced
manufacturing, battery or hydrogen power, advanced
freight utilization, network safety, logistics
technology skills, and advanced rail safety and
logistics technologies.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $120,000,000 for each of the fiscal years 2022 through
2026, to carry out the activities of the Institute described in
subsection (b). Such sums shall remain available until expended.
``(h) Definitions.--In this section:
``(1) Freight rail locomotive manufacturer.--The term
`freight rail locomotive manufacturer' means a company--
``(A) headquartered in the United States; and
``(B) that is engaged in the design, manufacture,
and sale of freight rail locomotives, train network
systems, engines, parts, logistics, rail safety and
braking systems, and other freight rail and locomotive
products.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22909. Freight Rail Innovation Institute.''.
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