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) intro-
duced 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 Representa-
tives 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 fol-
lowing: 
‘‘§ 22909. Freight Rail Innovation Institute 
‘‘(a) ESTABLISHMENT.—Not later than 6 months 
after the date of the enactment of this section, the Sec-
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retary of Transportation, in coordination with the Sec-
retary of Energy, representatives of the National Labora-
tories, the National Institute of Standards and Tech-
nology, and the National Science Foundation, and in part-
nership with an eligible institution of higher education and 
a freight rail locomotive manufacturer, shall establish a 
Freight Rail Innovation Institute (referred to in this sec-
tion as the ‘Institute’) to carry out a research and develop-
ment 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 sys-
tems; and 
‘‘(D) related workforce development and 
education innovations. 
‘‘(b) ACTIVITIES.—The Institute shall— 
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‘‘(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 ad-
vance freight rail safety, efficiency, logistics, and uti-
lization; 
‘‘(4) develop and deploy an operating prototype 
hydrogen-powered locomotive; 
‘‘(5) deploy a revenue service testing and dem-
onstration program to accelerate commercial adop-
tion of battery electric locomotives; 
‘‘(6) develop specific technologies and innova-
tions 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 
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forth in section 22905(a) with respect to manufac-
turing 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 Sec-
retary of Transportation considers necessary. 
‘‘(c) APPLICANT REQUIREMENTS.—Applicants seek-
ing 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 Insti-
tute; 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 Insti-
tute; and 
‘‘(B) includes a Memorandum of Under-
standing, signed by all partners, that com-
prehensively addresses all aspects of the Insti-
tute’s work, including how intellectual property 
and revenue sharing from resulting techno-
logical developments will be handled; 
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‘‘(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 Sec-
retary of Transportation shall consider— 
‘‘(1) the extent to which the applicant’s pro-
posal 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 appli-
cant’s proposal, including the creation of construc-
tion, manufacturing, and services jobs that pay pre-
vailing 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, includ-
ing its freight rail locomotive manufacturer, has ex-
perience— 
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‘‘(A) carrying out battery and hydrogen re-
search on freight locomotives that reduce green-
house gas emissions; and 
‘‘(B) developing freight rail advanced sig-
naling, network safety, and logistics tech-
nologies; 
‘‘(6) the extent to which the applicant’s pro-
posal 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 loco-
motive manufacturer, an institution of higher 
education, and a short line or regional railroad. 
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