I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FREIGHT RAIL INNOVATION INSTITUTE. 

4 (a) IN GENERAL.—Chapter 229 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 22909. Freight Rail Innovation Institute 

8 ‘‘(a) ESTABLISHMENT.—Not later than 6 months 

9 after the date of the enactment of this section, the SecVerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409

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1 retary of Transportation, in coordination with the Sec2 retary of Energy, representatives of the National Labora3 tories, the National Institute of Standards and Tech4 nology, and the National Science Foundation, and in part5 nership with an eligible institution of higher education and 

6 a freight rail locomotive manufacturer, shall establish a 

7 Freight Rail Innovation Institute (referred to in this sec8 tion as the ‘Institute’) to carry out a research and develop9 ment program— 

10 ‘‘(1) to develop— 

11 ‘‘(A) technologies necessary for the design, 

12 development, manufacturing, and operation of 

13 zero-emission battery and hydrogen-powered 

14 freight locomotives; and 

15 ‘‘(B) technologies that enhance freight rail 

16 safety, efficiency and utilization; and 

17 ‘‘(2) to accelerate the deployment of— 

18 ‘‘(A) zero-emission locomotives, including 

19 passenger locomotives; 

20 ‘‘(B) supporting supply chains; 

21 ‘‘(C) advanced freight and logistics sys22 tems; and 

23 ‘‘(D) related workforce development and 

24 education innovations. 

25 ‘‘(b) ACTIVITIES.—The Institute shall— 


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1 ‘‘(1) research, develop, and deploy zero-emission 

2 battery- and hydrogen-powered freight locomotives 

3 and locomotive technologies; 

4 ‘‘(2) develop and operate testing programs and 

5 demonstration facilities; 

6 ‘‘(3) develop advanced technologies that ad7 vance freight rail safety, efficiency, logistics, and uti8 lization; 

9 ‘‘(4) develop and deploy an operating prototype 

10 hydrogen-powered locomotive; 

11 ‘‘(5) deploy a revenue service testing and dem12 onstration program to accelerate commercial adop13 tion of battery electric locomotives; 

14 ‘‘(6) develop specific technologies and innova15 tions to support the manufacturing and deployment 

16 of zero-emission locomotives for passenger rail; 

17 ‘‘(7) pay wages to all laborers and mechanics 

18 employed by the Institute at rates that are not less 

19 than those prevailing for the same type of work for 

20 similar projects in the immediate locality, consistent 

21 with the wage requirement set forth in section 

22 113(a) of title 23, United States Code; 

23 ‘‘(8) ensure that the freight rail locomotive 

24 manufacturer that is associated with the Institute 

25 fully complies with the Buy America requirement set 


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1 forth in section 22905(a) with respect to manufac2 turing and production associated with the Institute 

3 and as a result of new technologies, innovations, and 

4 methods developed at least in part by the Institute; 

5 and 

6 ‘‘(9) carry out other activities that the Sec7 retary of Transportation considers necessary. 

8 ‘‘(c) APPLICANT REQUIREMENTS.—Applicants seek9 ing to establish the Institute under this section shall— 

10 ‘‘(1) be a partnership consisting of at least 1 

11 institution of higher education and at least 1 freight 

12 rail locomotive manufacturer, which shall enter into 

13 a cost-sharing agreement for purposes of the Insti14 tute; and 

15 ‘‘(2) submit a comprehensive proposal to the 

16 Secretary of Transportation that— 

17 ‘‘(A) identifies how activities described in 

18 subsection (b) will be carried out by the Insti19 tute; and 

20 ‘‘(B) includes a Memorandum of Under21 standing, signed by all partners, that com22 prehensively addresses all aspects of the Insti23 tute’s work, including how intellectual property 

24 and revenue sharing from resulting techno25 logical developments will be handled; 


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1 ‘‘(C) includes such other information as 

2 the Secretary may require. 

3 ‘‘(d) CONSIDERATIONS.—In selecting the applicant 

4 that will receive funding to establish the Institute, the Sec5 retary of Transportation shall consider— 

6 ‘‘(1) the extent to which the applicant’s pro7 posal maximizes greenhouse gas reductions and 

8 other environmental benefits; 

9 ‘‘(2) the ability of the applicant’s proposal to 

10 increase the use of low- and zero-emission freight 

11 rail technologies among the United States freight 

12 and passenger rail industry; 

13 ‘‘(3) the anticipated public benefits of the appli14 cant’s proposal, including the creation of construc15 tion, manufacturing, and services jobs that pay pre16 vailing wages; 

17 ‘‘(4) proposed plans to train workers from the 

18 area surrounding the Institute to develop competitive 

19 advanced manufacturing, battery or hydrogen power, 

20 and advanced freight utilization, network safety and 

21 logistics technology skills; 

22 ‘‘(5) the degree to which the applicant, includ23 ing its freight rail locomotive manufacturer, has ex24 perience— 


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1 ‘‘(A) carrying out battery and hydrogen re2 search on freight locomotives that reduce green3 house gas emissions; and 

4 ‘‘(B) developing freight rail advanced sig5 naling, network safety, and logistics tech6 nologies; 

7 ‘‘(6) the extent to which the applicant’s pro8 posal increases the proportional amount of goods 

9 moved by freight rail in the United States; 

10 ‘‘(7) the extent to which such proposal— 

11 ‘‘(A) maximizes the private share of the 

12 total cost of the institute beyond the minimum 

13 level required under subsection (d); and 

14 ‘‘(B) sustains the private investment up to 

15 and beyond 2026; and 

16 ‘‘(8) whether the proposed Institute is located 

17 at a site that— 

18 ‘‘(A) has legacy rail infrastructure; 

19 ‘‘(B) has access to freight rail tracks and 

20 rail connections; and 

21 ‘‘(C) is located on a redeveloped brownfield 

22 site in close proximity to a freight rail loco23 motive manufacturer, an institution of higher 

24 education, and a short line or regional railroad. 


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1 ‘‘(e) FUNDING REQUIREMENT.—The non-Federal 

2 share of the costs of the Institute’s research and develop3 ment program shall be not less than 50 percent. 

4 ‘‘(f) NOTIFICATION.— 

5 ‘‘(1) NOTICE.—Not later than 3 days after 

6 Congress appropriates funds for the Institute for 

7 any fiscal year, the Secretary of Transportation shall 

8 submit to the Committee on Commerce, Science, and 

9 Transportation of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives— 

12 ‘‘(A) the institution of higher education 

13 and freight rail locomotive manufacturer that 

14 have been selected to receive such funding to 

15 operate the Institute; and 

16 ‘‘(B) a summary of activities to be carried 

17 out by the Institute. 

18 ‘‘(2) ANNUAL REPORT.—Not later than 1 year 

19 after Congress appropriates funds for the Institute 

20 for any fiscal year, the Secretary shall submit a re21 port to the committees listed under paragraph (1) 

22 that summarizes the work of the Institute on— 

23 ‘‘(A) low- and zero-emission rail tech24 nologies; 

25 ‘‘(B) increased freight rail utilization; and 


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1 ‘‘(C) training a workforce in advanced 

2 manufacturing, battery or hydrogen power, ad3 vanced freight utilization, network safety, logis4 tics technology skills, and advanced rail safety 

5 and logistics technologies. 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated $120,000,000 for each 

8 of the fiscal years 2022 through 2026, to carry out the 

9 activities of the Institute described in subsection (b). Such 

10 sums shall remain available until expended. 

11 ‘‘(h) DEFINITIONS.—In this section: 

12 ‘‘(1) FREIGHT RAIL LOCOMOTIVE MANUFAC13 TURER.—The term ‘freight rail locomotive manufac14 turer’ means a company— 

15 ‘‘(A) headquartered in the United States; 

16 and 

17 ‘‘(B) that is engaged in the design, manu18 facture, and sale of freight rail locomotives, 

19 train network systems, engines, parts, logistics, 

20 rail safety and braking systems, and other 

21 freight rail and locomotive products. 

22 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

23 The term ‘institution of higher education’ has the 

24 meaning given such term in section 101 of the High25 er Education Act of 1965 (20 U.S.C. 1001).’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 229 of title 49, United States Code, is amended by 

3 adding at the end the following: 

‘‘22909. Freight Rail Innovation Institute.’’. 

Æ 


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