To establish a Freight Rail Innovation Institute to carry out a research and development program to develop new technologies for freight rail locomotives.

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. FREIGHT RAIL INNOVATION INSTITUTE. 3 (a) IN GENERAL.—Chapter 229 of title 49, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘§ 22909. Freight Rail Innovation Institute 7 ‘‘(a) ESTABLISHMENT.—Not later than 6 months 8 after the date of the enactment of this section, the Sec- 9 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3409 IH retary of Transportation, in coordination with the Sec- 1 retary of Energy, representatives of the National Labora- 2 tories, the National Institute of Standards and Tech- 3 nology, and the National Science Foundation, and in part- 4 nership with an eligible institution of higher education and 5 a freight rail locomotive manufacturer, shall establish a 6 Freight Rail Innovation Institute (referred to in this sec- 7 tion as the ‘Institute’) to carry out a research and develop- 8 ment program— 9 ‘‘(1) to develop— 10 ‘‘(A) technologies necessary for the design, 11 development, manufacturing, and operation of 12 zero-emission battery and hydrogen-powered 13 freight locomotives; and 14 ‘‘(B) technologies that enhance freight rail 15 safety, efficiency and utilization; and 16 ‘‘(2) to accelerate the deployment of— 17 ‘‘(A) zero-emission locomotives, including 18 passenger locomotives; 19 ‘‘(B) supporting supply chains; 20 ‘‘(C) advanced freight and logistics sys- 21 tems; and 22 ‘‘(D) related workforce development and 23 education innovations. 24 ‘‘(b) ACTIVITIES.—The Institute shall— 25 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3409 IH ‘‘(1) research, develop, and deploy zero-emission 1 battery- and hydrogen-powered freight locomotives 2 and locomotive technologies; 3 ‘‘(2) develop and operate testing programs and 4 demonstration facilities; 5 ‘‘(3) develop advanced technologies that ad- 6 vance freight rail safety, efficiency, logistics, and uti- 7 lization; 8 ‘‘(4) develop and deploy an operating prototype 9 hydrogen-powered locomotive; 10 ‘‘(5) deploy a revenue service testing and dem- 11 onstration program to accelerate commercial adop- 12 tion of battery electric locomotives; 13 ‘‘(6) develop specific technologies and innova- 14 tions to support the manufacturing and deployment 15 of zero-emission locomotives for passenger rail; 16 ‘‘(7) pay wages to all laborers and mechanics 17 employed by the Institute at rates that are not less 18 than those prevailing for the same type of work for 19 similar projects in the immediate locality, consistent 20 with the wage requirement set forth in section 21 113(a) of title 23, United States Code; 22 ‘‘(8) ensure that the freight rail locomotive 23 manufacturer that is associated with the Institute 24 fully complies with the Buy America requirement set 25 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3409 IH forth in section 22905(a) with respect to manufac- 1 turing and production associated with the Institute 2 and as a result of new technologies, innovations, and 3 methods developed at least in part by the Institute; 4 and 5 ‘‘(9) carry out other activities that the Sec- 6 retary of Transportation considers necessary. 7 ‘‘(c) APPLICANT REQUIREMENTS.—Applicants seek- 8 ing to establish the Institute under this section shall— 9 ‘‘(1) be a partnership consisting of at least 1 10 institution of higher education and at least 1 freight 11 rail locomotive manufacturer, which shall enter into 12 a cost-sharing agreement for purposes of the Insti- 13 tute; and 14 ‘‘(2) submit a comprehensive proposal to the 15 Secretary of Transportation that— 16 ‘‘(A) identifies how activities described in 17 subsection (b) will be carried out by the Insti- 18 tute; and 19 ‘‘(B) includes a Memorandum of Under- 20 standing, signed by all partners, that com- 21 prehensively addresses all aspects of the Insti- 22 tute’s work, including how intellectual property 23 and revenue sharing from resulting techno- 24 logical developments will be handled; 25 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3409 IH ‘‘(C) includes such other information as 1 the Secretary may require. 2 ‘‘(d) CONSIDERATIONS.—In selecting the applicant 3 that will receive funding to establish the Institute, the Sec- 4 retary of Transportation shall consider— 5 ‘‘(1) the extent to which the applicant’s pro- 6 posal maximizes greenhouse gas reductions and 7 other environmental benefits; 8 ‘‘(2) the ability of the applicant’s proposal to 9 increase the use of low- and zero-emission freight 10 rail technologies among the United States freight 11 and passenger rail industry; 12 ‘‘(3) the anticipated public benefits of the appli- 13 cant’s proposal, including the creation of construc- 14 tion, manufacturing, and services jobs that pay pre- 15 vailing wages; 16 ‘‘(4) proposed plans to train workers from the 17 area surrounding the Institute to develop competitive 18 advanced manufacturing, battery or hydrogen power, 19 and advanced freight utilization, network safety and 20 logistics technology skills; 21 ‘‘(5) the degree to which the applicant, includ- 22 ing its freight rail locomotive manufacturer, has ex- 23 perience— 24 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3409 IH ‘‘(A) carrying out battery and hydrogen re- 1 search on freight locomotives that reduce green- 2 house gas emissions; and 3 ‘‘(B) developing freight rail advanced sig- 4 naling, network safety, and logistics tech- 5 nologies; 6 ‘‘(6) the extent to which the applicant’s pro- 7 posal increases the proportional amount of goods 8 moved by freight rail in the United States; 9 ‘‘(7) the extent to which such proposal— 10 ‘‘(A) maximizes the private share of the 11 total cost of the institute beyond the minimum 12 level required under subsection (d); and 13 ‘‘(B) sustains the private investment up to 14 and beyond 2026; and 15 ‘‘(8) whether the proposed Institute is located 16 at a site that— 17 ‘‘(A) has legacy rail infrastructure; 18 ‘‘(B) has access to freight rail tracks and 19 rail connections; and 20 ‘‘(C) is located on a redeveloped brownfield 21 site in close proximity to a freight rail loco- 22 motive manufacturer, an institution of higher 23 education, and a short line or regional railroad. 24 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3409 IH ‘‘(e) FUNDING REQUIREMENT.—The non-Federal 1 share of the costs of the Institute’s research and develop- 2 ment program shall be not less than 50 percent. 3 ‘‘(f) NOTIFICATION.— 4 ‘‘(1) NOTICE.—Not later than 3 days after 5 Congress appropriates funds for the Institute for 6 any fiscal year, the Secretary of Transportation shall 7 submit to the Committee on Commerce, Science, and 8 Transportation of the Senate and the Committee on 9 Transportation and Infrastructure of the House of 10 Representatives— 11 ‘‘(A) the institution of higher education 12 and freight rail locomotive manufacturer that 13 have been selected to receive such funding to 14 operate the Institute; and 15 ‘‘(B) a summary of activities to be carried 16 out by the Institute. 17 ‘‘(2) ANNUAL REPORT.—Not later than 1 year 18 after Congress appropriates funds for the Institute 19 for any fiscal year, the Secretary shall submit a re- 20 port to the committees listed under paragraph (1) 21 that summarizes the work of the Institute on— 22 ‘‘(A) low- and zero-emission rail tech- 23 nologies; 24 ‘‘(B) increased freight rail utilization; and 25 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3409 IH ‘‘(C) training a workforce in advanced 1 manufacturing, battery or hydrogen power, ad- 2 vanced freight utilization, network safety, logis- 3 tics technology skills, and advanced rail safety 4 and logistics technologies. 5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 6 is authorized to be appropriated $120,000,000 for each 7 of the fiscal years 2022 through 2026, to carry out the 8 activities of the Institute described in subsection (b). Such 9 sums shall remain available until expended. 10 ‘‘(h) DEFINITIONS.—In this section: 11 ‘‘(1) FREIGHT RAIL LOCOMOTIVE MANUFAC- 12 TURER.—The term ‘freight rail locomotive manufac- 13 turer’ means a company— 14 ‘‘(A) headquartered in the United States; 15 and 16 ‘‘(B) that is engaged in the design, manu- 17 facture, and sale of freight rail locomotives, 18 train network systems, engines, parts, logistics, 19 rail safety and braking systems, and other 20 freight rail and locomotive products. 21 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 22 The term ‘institution of higher education’ has the 23 meaning given such term in section 101 of the High- 24 er Education Act of 1965 (20 U.S.C. 1001).’’. 25 VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3409 IH (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 229 of title 49, United States Code, is amended by 2 adding at the end the following: 3 ‘‘22909. Freight Rail Innovation Institute.’’. Æ VerDate Sep 11 2014 04:17 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3409.IH H3409 pbinns on DSKJLVW7X2PROD with BILLS