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The BMWED Throws Support Behind the Invest in America Act of 2021

Published: Jun 11 2021 10:15AM

The BMWED throws our complete support behind the INVEST in America Act of 2021, which has passed the U.S. House of Representatives Committee on Transportation and Infrastructure.

The legislation includes immensely important provisions for BMWED members and all of Rail Labor. Included in the bill is the Transforming Rail by Accelerating Investment Nationwide Act – “TRAIN Act.” Some of the bill’s requirements include provisions that the BMWED has been fighting for over many years.

A list of important items in the TRAIN Act portion of the INVEST Act include:

Provides $32 billion over five years in grants to support Amtrak on the Northeast Corridor (NEC) and the National Network. Provides another $25 billion over five years to both the Passenger Rail Improvement Modernization and Expansion grant program and the Bridges, Stations, and Tunnels grant program and $7 billion to the Consolidated Rail Investment and Safety Improvements grant program.

Sec. 9212 amends current Amtrak contracting limitations to clarify that Amtrak cannot contract out the work performed by an employee if such employee has been laid off and has not been recalled to perform such work. It also clarifies that Amtrak is not authorized to contract out work if prohibited to do so in an agreement entered into with its workers.

Includes appropriations for the Federal Railroad Administration Safety and Operations account at $1.567 billion over five years and requires FRA to increase the number of safety inspectors by 20 percent over five years.

Sec. 9104 of the TRAIN Act, named “Railroad rehabilitation and improvement financing (RRIF), provides direct loans and loan guarantees to finance development of railroad infrastructure.

Sec. 9105, the “Bridges, stations, and tunnels (BeST) grant program, authorizes $25 billion in a new directed grant program to fund major intercity passenger rail bridges, stations, tunnels and other projects.

Sec. 9501 directs the FRA secretary to study the safety impacts of trains composed of more than 150 railcars in a variety of terrains and conditions. The study will consider safety factors, such as communication loss between crew members and in-train forces that can cause derailment risks. The results of the study will recommend actions reduce risks and be shared with railroads, labor, stakeholders and Congress.

Importantly, Sec. 9505 It requires a standard process during FRA investigations that are intended to gather information about accidents or incidents to include and consult with employee representatives. The FRA secretary must also develop a process for making accident and incident investigation reports available to railroads and employees for their review and comment prior to the FRA publishing the report.

Sec. 9506 requires two-person crews on Class 1 railroads and for all trains carrying dangerous hazmat or added length, regardless of railroad classification.

With the advent of new rail technology, Sec. 9519 is an important inclusion in the legislation. It requires the FRA secretary to conduct a review of FRA safety regulations to determine the applicability of current regulations toward “nontraditional and emerging rail technologies.” The secretary would then further identify gaps or challenges affecting the regulation of new rail technologies and report to Congress.

Sec. 9503. Waiver notice requirements. This section requires FRA to engage in a public process before granting waivers from, or suspensions of, railroad safety standards and regulations. FRA must give the public notice of a 50 waiver or suspension request, make available a waiver or suspension application and any supporting data, and provide the public with notice and an opportunity to comment on waivers or suspensions before they are finalized.