[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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