1382 
1067q), and other minority institutions, as such term is 
defined by section 365 of such Act (20 U.S.C. 1067k). 
‘‘(h) NOTIFICATION.— 
‘‘(1) NOTICE.—Not less than 3 days before an 
applicant has been selected, the Secretary shall notify 
the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 
of the intention to award such a grant. 
‘‘(2) REPORT.—The Institute shall submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives, the Committee on Com-
merce, Science, and Transportation of the Senate, 
and the Secretary an annual report summarizing the 
activities undertaken by the Institute on low- and 
zero-emission rail technologies. 
‘‘(i) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—In this section, the term ‘institution of higher edu-
cation’ 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 further amended by 
adding at the end the following: 
‘‘22913. University Rail Climate Innovation Institute.’’. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01382
Fmt 6652
Sfmt 6213
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1383 
SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out at least one workforce development pilot pro-
gram with a railroad carrier. 
(b) TYPES OF PILOT PROGRAMS.—A workforce devel-
opment pilot program described in subsection (a) may be 
in the form of— 
(1) an outreach program to increase employment 
opportunities for socially disadvantaged individuals; 
(2) the development of a partnership with high 
schools, vocational schools, community colleges, or sec-
ondary education institutions to address future work-
force needs; and 
(3) an apprenticeship program to train railroad 
employees in needed skills. 
(c) APPRENTICESHIP.—In carrying out a workforce 
development pilot program described in subsection (b)(3), 
the Secretary shall partner with a railroad carrier pro-
viding intercity rail passenger transportation. 
(d) REPORT TO CONGRESS.—For a workforce develop-
ment pilot program carried out under this section, the Sec-
retary shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report that describes— 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01383
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1384 
(1) the activities carried out under the pilot pro-
gram; 
(2) the diversity of individuals participating in 
the pilot program; 
(3) an evaluation of the pilot program; 
(4) employment outcomes, including job place-
ment, job retention, and wages, using performance 
metrics established by the Secretary of Transpor-
tation, in consultation with the Secretary of Labor, 
and consistent with performance indicators used by 
programs under the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3101 et seq.), as applicable; 
and 
(5) any recommendations for increasing diver-
sity in the railroad workforce, addressing future 
workforce needs, or enhancing workforce skills. 
(e) DEFINITION.—In this section: 
(1) INTERCITY
RAIL
PASSENGER
TRANSPOR-
TATION.—The term ‘‘intercity rail passenger trans-
portation’’ has the meaning given such term in sec-
tion 24102 of title 49, United States Code. 
(2) RAILROAD
CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given such term in section 
20102 of title 49, United States Code. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01384
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1385 
(3) SOCIALLY
DISADVANTAGED
INDIVIDUALS.— 
The term ‘‘socially disadvantaged individuals’’ has 
the meaning given the term ‘‘socially and economi-
cally disadvantaged individuals’’ in section 8(d) of 
the Small Business Act (15 U.S.C. 637(d)). 
(f) FUNDING.—From the amounts made available 
under section 20117(b) of title 49, United States Code, the 
Secretary may expend up to $1,300,000 for fiscal year 2022 
and $1,300,000 for 2023 to carry out this section. 
SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS 
ENTERING SERVICE IN UNITED STATES. 
(a) IN GENERAL.—Chapter 207 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 20704. Requirements for railroad freight cars enter-
ing service in United States 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) COMPONENT.—The term ‘component’ means 
a part or subassembly of a railroad freight car. 
‘‘(2) CONTROL.—The term ‘control’ means the 
power, whether direct or indirect and whether or not 
exercised, through the ownership of a majority or a 
dominant minority of the total outstanding voting in-
terest in an entity, representation on the board of di-
rectors of an entity, proxy voting on the board of di-
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01385
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1386 
rectors of an entity, a special share in the entity, a 
contractual arrangement with the entity, a formal or 
informal arrangement to act in concert with an enti-
ty, or any other means, to determine, direct, make de-
cisions, or cause decisions to be made for the entity. 
‘‘(3) COST
OF
SENSITIVE
TECHNOLOGY.—The 
term ‘cost of sensitive technology’ means the aggregate 
cost of the sensitive technology located on a railroad 
freight car. 
‘‘(4) COUNTRY OF CONCERN.—The term ‘country 
of concern’ means a country that— 
‘‘(A) is identified by the Department of 
Commerce as a nonmarket economy country (as 
defined in section 771(18) of the Tariff Act of 
1930 (19 U.S.C. 1677(18))) as of the date of en-
actment of the TRAIN Act; 
‘‘(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 1974 
(19 U.S.C. 2242) as a foreign country included 
on the priority watch list defined in subsection 
(g)(3) of that section; and 
‘‘(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C.2416). 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01386
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1387 
‘‘(5) NET
COST.—The term ‘net cost’ has the 
meaning given the term in chapter 4 of the USMCA 
or any subsequent free trade agreement between the 
United States, Mexico, and Canada. 
‘‘(6) QUALIFIED FACILITY.—The term ‘qualified 
facility’ means a facility that is not owned or under 
the control of a state-owned enterprise. 
‘‘(7) QUALIFIED
MANUFACTURER.—The term 
‘qualified manufacturer’ means a railroad freight car 
manufacturer that is not owned or under the control 
of a state-owned enterprise. 
‘‘(8) RAILROAD FREIGHT CAR.—The term ‘rail-
road freight car’ means a car designed to carry 
freight or railroad personnel by rail, including— 
‘‘(A) box car; 
‘‘(B) refrigerator car; 
‘‘(C) ventilator car; 
‘‘(D) intermodal well car; 
‘‘(E) gondola car; 
‘‘(F) hopper car; 
‘‘(G) auto rack car; 
‘‘(H) flat car; 
‘‘(I) special car; 
‘‘(J) caboose car; 
‘‘(K) tank car; and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01387
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1388 
‘‘(L) yard car. 
‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sen-
sitive technology’ means any device embedded with 
electronics, software, sensors, or other connectivity, 
that enables the device to connect to, collect data from, 
or exchange data with another device, including— 
‘‘(A) onboard telematics; 
‘‘(B) remote monitoring software; 
‘‘(C) firmware; 
‘‘(D) analytics; 
‘‘(E) GPS satellite and cellular location 
tracking systems; 
‘‘(F) event status sensors; 
‘‘(G) predictive component condition and 
performance monitoring sensors; and 
‘‘(H) similar sensitive technologies embed-
ded into freight railcar components and sub-
assemblies. 
‘‘(10) STATE-OWNED
ENTERPRISE.—The term 
‘state-owned enterprise’ means— 
‘‘(A) an entity that is owned by, or under 
the control of, a national, provincial, or local 
government of a country of concern, or an agen-
cy of such government; or 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01388
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1389 
‘‘(B) an individual acting under the direc-
tion or influence of a government or agency de-
scribed in subparagraph (A). 
‘‘(11) 
SUBSTANTIALLY
TRANSFORMED.—The 
term ‘substantially transformed’ means a component 
of a railroad freight car that undergoes an applicable 
change in tariff classification as a result of the manu-
facturing process, as described in chapter 4 and re-
lated Annexes of the USMCA or any subsequent free 
trade agreement between the United States, Mexico, 
and Canada. 
‘‘(12) USMCA.—The term ‘USMCA’ has the 
meaning given the term in section 3 of the United 
States-Mexico-Canada Agreement Implementation Act 
(19 U.S.C. 4502). 
‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT CARS 
ENTERING SERVICE IN THE UNITED STATES.— 
‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.— 
A railroad freight car wholly manufactured on or 
after the date that is 1 year after the date of enact-
ment of the TRAIN Act, may only operate on the 
United States freight railroad interchange system if— 
‘‘(A) the railroad freight car is manufac-
tured, assembled, and substantially transformed, 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01389
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1390 
as applicable, by a qualified manufacturer in a 
qualified facility; 
‘‘(B) none of the sensitive technology located 
on the railroad freight car, including components 
necessary to the functionality of the sensitive 
technology, originates from a country of concern 
or is sourced from state-owned enterprise; and 
‘‘(C) none of the content of the railroad 
freight car, excluding sensitive technology, origi-
nates from a country of concern or is sourced 
from a state-owned enterprise that has been de-
termined by a recognized court or administrative 
agency of competent jurisdiction and legal au-
thority to have violated or infringed valid 
United States intellectual property rights of an-
other including such a finding by a Federal dis-
trict court under title 35 or the U.S. Inter-
national Trade Commission under section 337 of 
the Tariff Act of 1930 (19 U.S.C. 1337). 
‘‘(2) LIMITATION
ON
RAILROAD
FREIGHT
CAR 
CONTENT.— 
‘‘(A) PERCENTAGE LIMITATION.—Not later 
than 12 months after the date of enactment of the 
TRAIN Act, a railroad freight car manufactured 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01390
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1391 
may operate on the United States freight rail-
road interchange system only if— 
‘‘(i) not more than 20 percent of the 
content of the railroad freight car, cal-
culated by the net cost of all components of 
the car and excluding the cost of sensitive 
technology, originates from a country of 
concern or is sourced from a state-owned en-
terprise; and 
‘‘(ii) not later than 24 months after the 
date of enactment of the TRAIN Act, the 
percentage described in clause (i) shall be 
no more than 15 percent 
‘‘(B) CONFLICT.—The percentages specified 
in this paragraph apply notwithstanding any 
apparent conflict with provisions of chapter 4 of 
the USMCA. 
‘‘(c) REGULATIONS AND PENALTIES.— 
‘‘(1) REGULATIONS REQUIRED.—Not later than 1 
year after the date of enactment of the TRAIN Act, 
the Secretary of Transportation shall issue such regu-
lations as are necessary to carry out this section, in-
cluding for the monitoring, enforcement, and sensitive 
technology requirements of this section. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01391
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1392 
‘‘(2) CERTIFICATION REQUIRED.—To be eligible 
to provide a railroad freight car for operation on the 
United States freight railroad interchange system, the 
manufacturer of such car shall certify to the Secretary 
annually that any railroad freight cars to be so pro-
vided meet the requirements of this section. 
‘‘(3) COMPLIANCE.— 
‘‘(A) VALID CERTIFICATION REQUIRED.—At 
the time a railroad freight car begins operation 
on the United States freight railroad interchange 
system, the manufacturer of such railroad freight 
car shall have valid certification describe under 
paragraph (2) for the year in which such car be-
gins operation. 
‘‘(B) REGISTRATION
OF
NONCOMPLIANT 
CARS PROHIBITED.—A railroad freight car man-
ufacturer may not register, or cause to be reg-
istered, a railroad freight car that does not com-
ply with the requirements of this section in the 
Association of American Railroad’s Umler sys-
tem. 
‘‘(4) CIVIL PENALTIES.— 
‘‘(A) IN GENERAL.—A railroad freight car 
manufacturer that has manufactured a railroad 
freight car for operation on the United States 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01392
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1393 
freight railroad interchange system that the Sec-
retary of Transportation determines, after writ-
ten notice and an opportunity for a hearing, has 
violated this section is liable to the United States 
Government for a civil penalty of at least 
$100,000 but not more than $250,000 for each 
violation for each railroad freight car. 
‘‘(B) PROHIBITION FOR VIOLATIONS.—The 
Secretary of Transportation may prohibit a rail-
road freight car manufacturer with respect to 
which the Secretary has assessed more than 3 
violations under subparagraph (A) from pro-
viding additional railroad freight cars for oper-
ation on the United States freight railroad inter-
change system until the Secretary determines— 
‘‘(i) such manufacturer is in compli-
ance with this section; and 
‘‘(ii) all civil penalties assessed to such 
manufacturer under subparagraph (A) have 
been paid in full.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
207 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘20704. Requirements for railroad freight cars entering service in United States.’’. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01393
Fmt 6652
Sfmt 6213
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1394 
SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER OF 
EXCELLENCE. 
Section 20108 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(d) RAIL RESEARCH AND DEVELOPMENT CENTER OF 
EXCELLENCE.— 
‘‘(1) CENTER OF EXCELLENCE.—The Secretary 
may provide a grant to an entity described in para-
graph (2) to establish a Center of Excellence to ad-
vance research and development that improves the 
safety, efficiency, and reliability of passenger and 
freight rail transportation. 
‘‘(2) ELIGIBILITY.—An institution of higher edu-
cation (as defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002)) or a consortium 
of nonprofit institutions of higher education shall be 
eligible to receive a grant under this subsection. 
‘‘(3) SELECTION
CRITERIA.—In awarding a 
grant under this subsection, the Secretary may— 
‘‘(A) give preference to an applicant with 
strong past performance related to rail research, 
education, and workforce development activities; 
‘‘(B) consider the extent to which the appli-
cant would involve public passenger and private 
and public freight railroad operators; and 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01394
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1395 
‘‘(C) consider the regional and national im-
pacts of the applicant’s proposal. 
‘‘(4) USE OF FUNDS.—Amounts awarded under 
this subsection may be used to establish and operate 
the Center of Excellence described in paragraph (1) 
and for research, evaluation, education, and workforce 
development and training efforts related to safety, en-
vironmental sustainability, and reliability of rail 
transportation, including— 
‘‘(A) rolling stock; 
‘‘(B) positive train control; 
‘‘(C) human factors, systems design, or fa-
tigue; 
‘‘(D) rail infrastructure; 
‘‘(E) shared corridors; 
‘‘(F) grade crossings; 
‘‘(G) rail systems maintenance; 
‘‘(H) network resiliency; 
‘‘(I) programs to train railroad workers in 
needed skills; and 
‘‘(J) the development of programs or part-
nerships to raise awareness of railroad employ-
ment opportunities, in coordination with the 
Federal Railroad Administration. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01395
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1396 
‘‘(5) FEDERAL SHARE.—The Federal share of the 
cost of an activity carried out with a grant under this 
subsection shall be 50 percent.’’. 
SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIRE-
MENTS. 
(a) REQUIREMENTS FOR CLASS I LOCOMOTIVES.—A 
Class I railroad may only operate a locomotive on the 
freight railroad interchange system on or after January 1, 
2030, if— 
(1) the locomotive was manufactured on or after 
January 1, 2008; 
(2) the primary NOx and PM emissions on the 
Environmental Protection Agency certificate of con-
formity for the locomotive are equal to or cleaner than 
the cleanest available locomotive; or 
(3) the locomotive has not exceeded a total of 
89,100 MWhs of operation since its original engine 
build date. 
(b) CERTIFICATION REQUIRED.—To be eligible to own 
or operate a locomotive covered by subsection (a) on the 
United States freight railroad interchange system on or 
after January 1, 2030, a Class I railroad shall certify to 
the Secretary of Transportation that such locomotive meets 
the requirements of this section. 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01396
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
1397 
(c) EFFECTUATION.—The Secretary is authorized to 
issue such regulations as are necessary to carry out this 
section. 
(d) DEFINITIONS.—In this section: 
(1) CERTIFICATE
OF
CONFORMITY.—The term 
‘‘certificate of conformity’’ means the document that 
the Environmental Protection Agency issues to an en-
gine manufacturer to certify that an engine class con-
forms to Environmental Protection Agency require-
ments. 
(2) CLEANEST
AVAILABLE
LOCOMOTIVE.—The 
term ‘‘cleanest available locomotive’’ means the strict-
est standard set by the Environmental Protection 
Agency for the applicable locomotive under section 
213 of the Clean Air Act (42 U.S.C. 7547). 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01397
Fmt 6652
Sfmt 6203
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 49 
117TH CONGRESS 
1ST SESSION 
H. R. 3684 
[Report No. 117–70] 
A BILL 
To authorize funds for Federal-aid highways, high-
way safety programs, and transit programs, and 
for other purposes. 
JUNE 22, 2021 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
01:05 Jun 23, 2021
Jkt 019200
PO 00000
Frm 01398
Fmt 6651
Sfmt 6651
E:\BILLS\H3684.RH
H3684
kjohnson on DSK79L0C42PROD with BILLS