Immediate action from OMB required to protect U.S. Freight Rail Interchange System from foreign entities

RSA joins Sen. Tammy Baldwin in urging OMB to finalize a proposed rule that will ensure full and timely implementation of the SAFE TRAINS Act

The Rail Security Alliance joins U.S. Senator Tammy Baldwin in urging the Biden Administration to take immediate action to finalize the Office of Management and Budget (OMB) review of a proposed rule that will ensure full implementation of the “Stopping America's Foreign Enemies Through Rail And Infrastructure National Security Act” (SAFE TRAINS Act).

In a letter to President Biden, Federal Transportation Secretary Pete Buttigieg and OMB Director Shalanda Young, Sen. Baldwin noted that further delays “...could leave our domestic industry vulnerable and undermine critical national security protections.”

“Securing the U.S. freight rail interchange system from Chinese entities should be a top priority,” said RSA Executive Director Erik Olson. “Given this urgency, we join Sen. Baldwin and call on the Biden Administration to finalize this important rule before the end of the year.”

The SAFE TRAINS Act was first introduced by U.S. Sens. John Cornyn (R-TX), Tammy Baldwin (D-WI) and Jerry Moran (R-KS), with Sens. Baldwin and Moran including the legislation as an amendment during the Senate Commerce Committee consideration of what became the bipartisan Infrastructure Investment and Jobs Act of 2021 (IIJA).

It prevents freight railcars and sensitive technologies on railcars operating within the U.S. freight rail network from being produced by countries on U.S. watchlists, most notably China. To ensure proper implementation of the SAFE TRAINS Act, the Federal Railroad Administration sought stakeholder feedback to amend the Freight Car Safety Standards under the IIJA. Notably, feedback received by FRA contained no opposition to the proposed rule, just constructive and positive feedback to the rule.

In its own letter to President Biden and Administration officials, RSA highlighted that “the proposed rule establishes much-needed safeguards against the risks posed by certain foreign-sourced railcar components and technologies, which could compromise the integrity of our transportation networks. By implementing limitations on these materials and prohibiting sensitive technologies sourced from adversarial nations, this regulation directly addresses vulnerabilities in the freight rail supply chain and reinforces the security of our critical infrastructure.”

Along with RSA, stakeholders including Trinity Industries, The Greenbrier Companies, Amsted Rail, Wabtec Corp., National Steel Car, Railway Supply Institute, Steel Manufacturers Association, American Foundry Society, and the American Iron and Steel Institute voiced support for FRA’s rule.