An act to amend the Federal Railroad Safety Act of 1970 to authorize additional appropriations, and for other purposes.
PL 96-423 (S.2730), enacted 10/10/1980

PUBLIC LAW 96-423—OCT. 10, 1980 
• 94 STAT. 1811 
Public Law 96-423 
96th Congress 
An Act 
To amend the Federal Railroad Safety Act of 1970 to authorize additional 
Oct. 10, 1980 
appropriations, and for other purposes. 
[S. 2730] 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be Federal Railroad 
cited as the "Federal Railroad Safety Authorization Act of 1980". iuSrization 
Act of 1980. 
AUTHORIZATION FOR APPROPRIATIONS 
45 USC 421 note. 
SEC. 2. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et 
seq.) is amended by striking out section 212 and by adding at the end Post, p. 1815. 
thereof the following new section: 
^^ ^^^ ^^^ 
• 
"SEC. 214. AUTHORIZATION FOR APPROPRIATIONS. 
45 USC 444. 
"(a) There are authorized to be appropriated to carry out the 
provisions of this Act not to exceed $38,000,000 for the fiscal year 
ending September 30, 1981, and not to exceed $40,000,000 for the 
fiscal year ending September 30,1982. 
"
O
t
>
) The amounts appropriated under subsection (a) of this section 
for a fiscal year shall be aveiilable for expenditure in such fiscal year 
as follows: 
"(1) For the Office of Safety, including salaries and expenses 
for not more than (A) six hundred safety inspectors, (B) forty-five 
signal and train control inspectors, gmd (C) one hundred and 
twenty-five clerical personnel, not to exceed $22,500,000 for the 
fiscal year ending September 30, 1981, and not to exceed 
$24,000,000 for the fiscal year ending September 30,1982. Such 
funds shall be available for travel expenses of safety inspectors 
for not less than twenty days per month. 
"(2) To carry out the provisions of section 206(d) of this Act, 45 use 435. 
relating to State safety programs, not to exceed $2,000,000 for the 
fiscal year ending September 30, 1981, and not to exceed 
$2,500,000 for the 
fiscal 
year ending September 30,1982. 
"(3) For the Federal Railroad Administration, for salaries and 
expenses not otherwise provided for, not to exceed $3,500,000. 
"(4) For conducting safety research and development activities 
under this Act, not to exceed $10,000,000, of which not less than 
$500,000 shall be available for assisting in the treatment of 
alcohol and drug abuse problems of railroad employees. 
"(c) Sums appropriated under this section for research and develop-
ment, automated track inspection, and the State safety grant pro-
gram are authorized to remain available until expended.". 
EMERGENCY SAFETY ORDERS 
SEC. 3. Section 203 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 432) is amended to read as follows: 
94 STAT. 1812 
PUBLIC LAW 96-423—OCT. 10, 1980 
Unsafe 
conditions or 
practices; order. 
45 u s e 431. 
Review. 
Relief, standards 
and procedures. 
Court action. 
"SEC. 203. EMERGENCY POWERS. 
"(a) If the Secretary determines, on the basis of testing, inspection, 
investigation, or research carried out pursuant to this title, that an 
unsafe condition or practice, or a combination of unsafe conditions or 
practices, or both, create an emergency situation involving a hazard 
of death or injury to persons, the Secretary may immediately issue an 
order, without regard to the provisions of section 202(b) of this title, 
imposing such restrictions or prohibitions as may be necessary to 
bring about the abatement of such emergency situation. 
"(b) After the issuance of an order under this section, opportunity 
for review of such order shall be provided in accordance with section 
554 of title 5, United States Code. 
"(c) If a petition for review of an order has been filed under 
subsection (b) of this section but administrative review of such order 
has not been completed by the end of the thirty-day period beginning 
on the date such order was issued, such order shall cease to be 
effective at the end of such period unless the Secretary determines in 
writing that the emergency situation remains in existence. 
"(d) In issuing any order under this section, the Secretary shall 
describe the conditions or practices which create an emergency 
situation (as determined by the Secretary), and shall establish stand-
ards and procedures under which relief from such order may be 
obtained. Nothing in this subsection shall be construed to affect the 
discretion of the Secretary under this section to maintain an order in 
effect until the emergency situation has been abated. 
"(e) Any employee of a common carrier by railroad engaged in 
interstate or foreign commerce who may be exposed to imminent 
physical injury in the course of his employment because of the 
Secretary's failure, without any reasonable basis, to seek relief under 
subsection (a) of this section, or the authorized representative of such 
an employee, shall have the right to bring an action against the 
Secretary in the United States district court for the judicial district in 
which the emergency situation is alleged to exist or in which the 
employer has its principal executive office, or for the District of 
Columbia, to compel the Secretary to issue an order under this 
section. The failure of the Secretary to seek relief under subsection (a) 
of this section shall be reviewed solely under the standards of section 
706 of title 5, United States Code.". 
Investigation 
and surveillance. 
SCOPE OF STATE PARTICIPATION 
SEC. 4. (a) Section 206 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 435) is amended by adding at the end thereof the following new 
subsection: 
"(g) In addition to the provisions for State participation set forth in 
subsections (a) and (c) of this section, the Secretary may enter into 
agreements with any State to provide investigative and surveillance 
activities with respect to those functions transferred to the Secretary 
by section 6 (e)(1), (e)(2), and (e)(6)(A) of the Department of Transporta-
tion Act (49 U.S.C. 1655 (e)(1), (e)(2). and (e)(6)(A)).". 
(b) Section 206(d) of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 435(d)) is amended by inserting "or (g)" immediately after 
"subsection (c)". 
STATE ENFORCEMENT POWER 
SEC. 5. Section 207 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 436) is amended to read as follows: 
PUBLIC LAW 96-423—OCT. 10, 1980 
94 STAT. 1813 
"SEC. 207. ENFORCING COMPLIANCE WITH FEDERAL RAILROAD SAFETY 
RULES, REGULATIONS, ORDERS, AND STANDARDS. 
"(aXD In any case in which the Secretary has failed to assess the 
civil penalty applicable under section 209 of this title with respect to a 
violation of any railroad safety rule, regulation, order, or standard 
issued under this title or under any law transferred by section 6 (e)(1), 
(e)(2), or (e)(6)(A) of the Department of Transportation Act, within 
sixty days after the date on which notification was received by the 
Secretary from a State agency participating in investigative and 
surveillance activities under the provisions of section 206 of this title, 
that State agency may apply to the United States district court for 
the judicial district in which the violation occurred or in which the 
defendant has its principal executive office for the assessment and 
collection of the civil penalty included in or made applicable to such 
rule, regulation, order, or standard. 
"(2) The provisions of this subsection shall not apply in any case in 
which the Secretary has affirmatively determined in writing that no 
violation has occurred. 
"Ot))(l) In £my case in which the Secretary has not commenced an 
action for injunctive relief under section 210 of this title with respect 
to a violation of any railroad safety rule, regulation, order, or 
standard issued under this title or under any law transferred by 
section 6 (e)(1), (eX2), or (e)(6)(A) of the Department of Transportation 
Act, within 15 days after the date on which the Secretary received 
notification of the violation, together with a request that an injunc-
tive action be instituted, from a State agency participating in investi-
gative and surveillance activities under the provisions of section 206 
of this title, that State agency may apply to the United States district 
court for the judicial district in which the violation occurred or in 
which the defendant has its principal executive office for injunctive 
relief to restrain further violation of such rule, regulation, order, or 
standard. 
"(2) The provisions of this subsection shall not apply in any case in 
which the Secretary has affirmatively determined in writing that (A) 
no violation has occurred, or (B) an action for injunctive relief is not 
necessary because of other enforcement action undertaken by the 
Secretary with respect to the subject violation. 
"(c) A State agency may not bring an action under this section in 
any United States district court located outside the boundaries of the 
State.". 
Civil penalty, 
application for 
assessment and 
collection. 
45 u s e 438. 
49 u s e 1655. 
Exception. 
Injunctive relief. 
45 u s e 439. 
Exception. 
Geographic 
limitation. 
CONSOUDATION OF ADMINISTRATIVE POWERS 
SEC. 6. (a) Section 208(b) of the Federal Railroad Safety Act of 1970 
(45 U.S.C. 4370t))) is amended by inserting "and under the functions 
transferred by section 6 (e)(1), (e)(2), and (e)(6XA) of the Department of 
Transportation Act (49 U.S.C. 1655 (eXD, (eX2), and (eX6)(A))" immedi-
atelv after "this title". 
0)) Section 208 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
437) is amended by adding at the end thereof the following new 
subsection: 
"(dXD In carrying out the functions formerly vested in the Inter-
state Commerce Commission and transferred to the Secretary by 
section 6 (eXD, (eX2), and (eX6XA) of the Department of Transporta-
tion Act (49 U.S.C. 1655 (eXD, (e)(2), and (eX6)(A)), the Secretary is 
authorized to perform any act authorized in subsection (a) of this 
section that he considers necessary to carry out such transferred 
functions, including, but not limited to, conducting investigations, 
DOT Secretary, 
authorized 
actions. 
94 STAT. 1814 
PUBLIC LAW 96-423—OCT. 10, 1980 
Orders. 
49 u s e 1655. 
Enforcement. 
making reports, issuing subpenas, requiring production of docu-
ments, taking depositions, and prescribing recordkeeping and report-
ing requirements. The Secretary is further authorized to issue orders 
directing compliance with the laws transferred by section 6 (e)(1), 
(e)(2), and (e)(6)(A) of the Department of Transportation Act or with 
any regulation or order issued thereunder. 
"(2) The district courts of the United States shall have jurisdiction, 
upon petition by the Attorney General, to enforce by appropriate 
means any order issued by the Secretary under paragraph (1) of this 
subsection.". 
CRIMINAL PENALTY FOR FALSE REPORTING 
Penalties. 
SEC. 7. Section 209 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 438) is amended by adding at the end thereof the following new 
subsection: 
"(e) Any person who knowingly and willfully— 
"(1) makes a false entry in any record or report required under 
this title to be made, prepared, or preserved; 
"(2) destroys, mutilates, changes, or by another means falsifies 
any such record or report; 
"(3) does not enter required specified facts and transactions in 
any such record or report; 
"(4) makes, prepares, or preserves any such record or report in 
violation of a regulation or order issued under this title; or 
"(5) files a false record or report with the Secretary, 
shall be fined not more than $5,000, or imprisoned for not more than 
two years, or both.". 
VENUE 
SEC. 8. (a) Section 209(c) of the Federal Railroad Safety Act of 1970 
(45 U.S.C. 438(c)) is amended by striking out "having jurisdiction in 
the locality where such violation occurred" and inserting in lieu 
thereof "for the judicial district in which such violation occurred or in 
which the defendant has its principal executive office". 
(b) Section 6 of the Act of March 2,1893 (45 U.S.C. 6), is amended by 
striking out "having jurisdiction in the locality where such violation 
shall have been committed" and inserting in lieu thereof "for the 
judicial district in which such violation occurred or in which the 
defendant has its principal executive office". 
(c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34), is 
amended by striking out "having jurisdiction in the locality where 
such violation shall have been committed" and inserting in lieu 
thereof "for the judicial district in which such violation occurred or in 
which the defendant has its principal executive office". 
(d) Section 25(h) of the Act of February 4,1887 (49 U.S.C, 26(h)), is 
amended by striking out "having jurisdiction in the locality where 
such violation shall have been committed" and inserting in lieu 
thereof "for the judicial district in which such violation occurred or in 
which the defendant has its principal executive office". 
INJUNCTIVE R E L I E F 
SEC. 9. (a) Section 210(a) of the Federal Railroad Safety Act of 1970 
(45 U.S.C. 439(a)) is amended by inserting "and to restrain violations 
of or to enforce rules, regulations, orders, or standards established 
under any statute transferred to the Secretary under section 6 (e)(1), 
PUBLIC LAW 96-423—OCT. 10, 1980 
94 STAT. 1815 
(e)(2), and (e)(6)(A) of the Department of Transportation Act (49 U.S.C. 
1655 (e)(1), (e)(2), and (e)(6)(A))" immediately before the period at the 
end thereof. 
(b) Section 210 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
439) is amended by adding at the end thereof the following new 
subsection: 
"(c) Subject to section 207(d) of this title, any action under subsec-
tion (a) of this section may be brought in the United States district 
court for the judicial district in which the violation occurred or in 
which the defendant has its principal executive office.". 
Location. 
Ante p. 1812. 
PROTECTION AND RIGHTS OF EMPLOYEES 
SEC. 10. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et 
seq.) is amended by inserting after section 211 the following new 
section: 
"SEC. 212. PROTECTION AND RIGHTS OF EMPLOYEES. 
"(a) A common carrier by railroad engaged in interstate or foreign 
commerce may not discharge or in any manner discriminate against 
any employee because such employee, whether acting in his own 
behalf or in a representative capacity, has— 
"(1) filed any complaint or instituted or caused to be instituted 
any proceeding under or related to the enforcement of the 
Federal railroad safety laws; or 
"(2) testified or is about to testify in any such proceeding. 
"(b)(1) A common carrier by railroad engaged in interstate or 
foreign commerce may not discharge or in any manner discriminate 
against any employee for refusing to work when confronted by a 
hazardous condition related to the performance of the employee's 
duties, if— 
"(A) the refusal is made in good faith and no reasonable 
alternative to such refusal is available to the employee; 
"(B) the hazardous condition is of such a nature that a 
reasonable person, under the circumstances then confronting the 
employee, would conclude that— 
"(i) the condition presents an imminent danger of death or 
serious injury; and 
"(ii) there is insufficient time, due to the urgency of the 
situation, to eliminate the danger through resort to regular 
statutory channels; and 
"(C) the employee, where possible, has notified his employer of 
his apprehension of such hazardous condition and of his inten-
tion not to perform further work unless such condition is cor-
rected immediately. 
"(2) The provisions of this subsection shall not apply to security 
personnel employed by a railroad to protect persons and property 
transported by such railroad. 
"(c)(1) Any dispute, grievance, or claim arising under this section 
shall be subject to resolution in accordance with the procedures set 
forth in section 3 of the Railway Labor Act (45 U.S.C. 153). 
"(2) In the case of any violation of subsection (a) or (b) of this 
section, the Adjustment Board (or any division or delegate thereof) or 
any other board of adjustment created under section 3 of the Railway 
Labor Act shall, where appropriate, award backpay to the aggrieved 
employee and order such employee reinstated to his position. 
"(d) Whenever an employee of a railroad is afforded protection 
under this section and under any other provision of law in connection 
45 u s e 441. 
Security 
personnel, 
exemption. 
Dispute 
resolution. 
Backpay; 
reinstatement. 
Election of 
provision. 
94 STAT. 1816 
PUBLIC LAW 96-423—OCT. 10, 1980 
"Federal 
railroad safety 
laws." 
with the same allegedly unlawful act of an employer, if such em-
ployee seeks protection he must elect either to seek relief pursuant to 
this section or pursuant to such other provision of law. 
"(e) As used in this section, the term 'Federal railroad safety laws' 
means this Act, the Hazardous Materials Transportation Act (49 
U.S.C. 1801 et seq.), and those laws transferred to the jurisdiction of 
the Secretary of Transportation by subsection (e) (1), (2), and (6)(A) of 
section 6 of the Department of Transportation Act (49 U.S.C. 1655(e) 
(l),(2),and(6)(A)).". 
45 u s e 443. 
5 u s e 5101 et 
seq.. 
5 u s e 5332 note. 
PAY CLASSIFICATIONS 
SEC. 11. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et 
seq.) is amended by inserting after section 212, as added by section 10 
of this Act, the following new section: 
"SEC. 213. PAY CLASSIFICATIONS. 
"Notwithstanding any other provision of law— 
"(1) the position held by a fully experienced and qualified 
railroad safety inspector employed by the Department of Trans-
portation shall be classified in accordance with chapter 51 of title 
5, United States Code, but not lower than Grade GS-12 of the 
General Schedule; and 
"(2) the position held by a railroad safety specialist employed 
by the Department of Transportation shall be classified in 
accordance with chapter 51 of title 5, United States Code, but not 
lower than Grade GS-13 of the General Schedule.". 
Penalties. 
45 u s e 62-63a. 
Time limitation. 
HOURS OF SERVICE ACT AMENDMENT 
SEC. 12. Section 5(a) of the Act of March 4, 1907 (45 U.S.C. 64a(a)), 
commonly known as the Hours of Service Act, is amended to read as 
follows: 
"SEC. 5. (a)(1) Any common carrier subject to this Act, or any officer 
or agent thereof, that requires or permits any employee to go, be, or 
remain on duty in violation of section 2, section 3, or section 3A of this 
Act, or that violates any other provision of this Act, shall be liable for 
a penalty of $500 for each violation, to be recovered in an action to be 
brought by the United States attorney in the district court of the 
United States for the judicial district in which such violation oc-
curred or in which the defendant has its principal executive office. It 
shall be the duty of the United States attorney to bring such an action 
upon satisfactory information being lodged with him. In the case of a 
violation of section 2 (a)(3) or (a)(4) of this Act, each day a facility is in 
noncompliance shall constitute a separate offense. 
"(2) No action may be brought under this section after the expira-
tion of the two-year period beginning on the date the violation 
occurred unless administrative notification pursuant to the Federal 
Claims Collection Act (31 U.S.C 951-953) has been provided to the 
common carrier within such two-year period, but in no event may any 
such action be brought after the expiration of the period specified in 
section 2462 of title 28, United States Code.". 
Inspection 
report. 
LOCOMOTIVE INSPECTION ACT AMENDMENT 
SEC. 13. Section 6 of the Act of February 17, 1911 (45 U.S.C. 29), is 
amended by striking out the fourth and fifth sentences and inserting 
in lieu thereof the following: "Each carrier subject to such sections 
shall keep on file the report of each inspection required by such rules 
PUBLIC LAW 96-423—OCT. 10, 1980 
94 STAT. 1817 
and regulations and the report showing the repair of the defects 
disclosed by the inspection. The rules and regulations referred to in 
this section shall prescribe the manner in which such reports shall be 
kept.". 
Rules and 
regulations. 
Review. 
SAFETY OF RAILROAD PASSENGER EQUIPMENT 
SEC. 14. Section 202 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431) is amended by adding at the end thereof the following new 
subsection: 
"(h)(1) The Secretary shall, within two years after the date of 
enactment of this subsection, issue such initial rules, regulations, 
orders, and standards as may be necessary to insure the safe con-
struction, maintenance, and operation of railroad passenger equip-
ment. The Secretary shall periodically review such rules, regulations, 
orders, and standards and shall, after a hearing in accordance with 
subsection (b) of this section, make such revisions in such rules, 
regulations, orders, and standards as may be necessary, 
"(2) In issuing initial rules, regulations, orders, and standards 
under this subsection, and in making any subsequent revisions 
thereto, the Secretary shall— 
"(A) concentrate on those areas which, in the judgment of the 
Secretary, present the greatest opportunity for enhancing the 
safety of railroad passenger equipment; and 
"(B) give significant weight to the expenditures that would be 
necessary to retrofit existing equipment and to alter specifica-
tions for equipment on order; 
"(3) In issuing initial rules, regulations, orders, and standards 
under this subsection, and in making any subsequent revisions 
thereto, the Secretary may consult with the National Railroad 
Passenger Corporation, public authorities that operate passenger 
service, other rail carriers that transport passengers, organizations of 
passengers, and organizations of employees. Such consultations shall 
not be subject to the Federal Advisory Committee Act, but minutes of 5 USC app 
such consultations shall be placed in the public docket of the 
rulemaking proceeding. 
"(4) As used in this subsection, the term 'railroad passenger 
equipment' means all railroad equipment used for the transportation 
of passengers, whether in commuter or intercity service.". 
Consultation. 
"Railroad 
passenger 
equipment." 
ALASKA RAILROAD ACT AMENDMENT 
SEC. 15. The first section of the Act of March 12, 1914 (43 U.S.C. 
975), is amended by inserting immediately after the first undesig-
nated paragraph the following new paragraph: 
"Any security officer employed to protect life and property on the Security officers, 
railroad is authorized to maintain law and order, to carry firearms, 
and to make arrests on railroad property with a warrant for any 
offense committed against the laws of the United States, and to make 
arrests without a warrant for any offense committed upon property of 
the railroad if there is reasonable ground to believe that the offense 
constitutes a felony under the laws of the United States and the 
person to be arrested has committed or is committing the felony.". 
STUDIES AND REPORTS 
SEC. 16. (a) The Secretary of Transportation shall conduct a study 45 USC 431 note, 
regarding employee training in the railroad industry as it affects 
94 STAT. 1818 
PUBLIC LAW 96-423—OCT. 10, 1980 
Submittal to 
Congress. 
Status report, 
submittal to 
Congress. 
Recommenda-
tions and 
anticipated 
action, submittal 
to Congress. 
Systems safety 
plan, submittal 
to Congress. 
Methodology. 
railroad safety. Among other factors, such study shall consider the 
appropriate Federal role, if any, in such training, and the adequacy of 
such training. The results of such study, together with recommenda-
tions for any necessary legislation, shall be submitted to the Congress 
by December 31,1980. 
Ob)(l) The Secretary of Transportation shall make every possible 
effort to expedite promulgation of a final rule regarding the retrofit-
ting of Department of Transportation specification one hundred and 
five tank cars with shelf couplers. In the event that such rule is not 
promulgated prior to December 31,1980, the Secretary of Transporta-
tion shall submit to the Congress a status report with respect to such 
rule, indicating the Federal Railroad Administration's activities to 
such date, the current status of such rule, and an estimate as to when 
a final rule will be promulgated. 
(2) Whenever the Secretary of Transportation submits a status 
report pursuant to the provisions of paragraph (1) of this subsection, 
or when the Federal Railroad Administration promulgates a final 
rule with respect to the retrofitting of Department of Transportation 
specification one hundred and five tank cars with shelf couplers, the 
Secretary shall transmit to the Congress any other recommendations 
and anticipated action by the Department of Transportation with 
respect to the retrofitting of such tank cars. 
(c)(1) The Secretary of Transportation shall submit to the Congress 
a systems safety plan relating to the activities of the Department of 
Transportation in carrying out rail safety laws. The Secretary shall 
complete such plan at the earliest possible date, but in no event shall 
the study be submitted later than January 31,1981. 
(2) As part of the plan submitted to the Congress under paragraph 
(1) of this subsection, the Secretary of Transportation shall develop a 
methodology to determine frequency and schedules of safety inspec-
tions, giving appropriate priority to track and equipment involved 
with passenger trains and hazardous cargos. Such methodology shall 
further take into consideration safety records of the rail carriers, 
location of track and equipment in population centers, volume of 
usage of track and equipment, and any other factors that the 
Secretary considers relevant to railroad safety. 
PUBLIC LAW 96-423—OCT. 10, 1980 
94 STAT. 1819 
EFFECTIVE DATE 
SEC. 17. (a) Except as provided in subsection (b) of this section, the 45 use 43i note. 
provisions of this Act shall take effect on the date of enactment of this 
Act. 
(b) Section 11 of this Act shall take effect on October 1, 1980, or on 
the date of 
enactment of this Act, whichever is later. 
Approved October 10, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1025 accompanying H.R. 7104 (Comm. on Interstate and 
Foreign Commerce). 
SENATE REPORT No. 96-785 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 6, considered and passed Senate. 
Sept. 22, H.R. 7104 considered and passed House; passage vacated, and S. 2730, 
amended, passed in lieu. 
Sept. 24, Senate concurred in House amendments.