Rail Safety Improvement Act of 1988
PL 100-342 (S.1539), enacted 06/22/1988

102 STAT. 624 
PUBLIC LAW 100-342—JUNE 22, 1988 
Public Law 100-342 
100th Congress 
An Act 
June 22, 1988 
[S. 1539] 
Rail Safety 
Improvement 
Act of 1988. 
Law 
enforcement and 
crime. 
45 use 421 note. 
To amend the Federal Railroad Safety Act of 1970 and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Rail Safety Improvement Act of 
1988". 
SEC. 2. AUTHORIZATION FOR APPROPRIATIONS. 
Section 214 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
444) is amended to read as follows: 
"SEC. 214. AUTHORIZATION FOR APPROPRIATIONS. 
"(a) There is authorized to be appropriated to carry out this Act 
not to exceed $40,649,000 for the fiscal year ending September 30, 
1988, not to exceed $41,868,470 for the fiscal year ending Septem-
ber 30, 1989, and not to exceed $44,381,000 for the fiscal year ending 
September 30,1990. 
"0)) Sums appropriated under this section for research and devel-
opment, automated track inspection, and the State safety grant 
program are authorized to remain available until expended. . 
SEC. 3. INCREASED PENALTIES; LIABILITY OF INDIVIDUALS. 
(a) Section 209 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 438) is amended— 
(1) in subsection (a) by striking "railroad" and inserting in 
lieu thereof "person (including a railroad and any manager, 
supervisor, official, or other employee or agent of a railroad)"; 
(2) in subsection (b) by striking all after "(45 U.S.C. 39)" and 
inserting in lieu thereof "in an amount of not less than $250 nor 
more than $10,000, except that where a grossly negligent viola-
tion or a pattern of repeated violations has created an imminent 
hazard of death or injury to persons, or has caused death or 
injury, a penalty of not to exceed $20,000 may be assessed."; 
(3) in subsection (c)— 
(A) by striking the first sentence and inserting in lieu 
thereof "Any person violating any rule, regulation, order, 
or standard referred to in subsection (b) shall be assessed by 
the Secretary the civil penalty applicable to the standard 
violated. Penalties may be assessed against individuals 
under this subsection only for willful violations."; 
(B) bj^ inserting ", in which the individual resides," after 
"such violation occurred"; and 
(C) by adding at the end the following new sentences: 
"For purposes of this section, an individual shall be deemed 
not to have committed a willful violation where such 
individual has acted pursuant to the direct order of a 
railroad official or supervisor, under protest communicated 
PUBLIC LAW 100-342—JUNE 22, 1988 
102 STAT. 625 
to the supervisor. Such individual shall have the right to 
document such protest."; and 
(4) by adding at the end the following new subsection: 
"(f) Where an individual's violation of any rule, regulation, order, 
or standard prescribed by the Secretary under this title is shown to 
make that individual unfit for the performance of safety-sensitive 
functions, the S«n:«tary, s ^ r notice and opportunity for a hearing, 
may issue an order prohibiting such individual from performing 
safely-sensitive functions in the rail industry for a specified period 
of time or until specified conditions are met. This subsection shall 
not be construed to affect the Secretary's authority under section 
203 to take such action on an emergency basis.". 
0)) Within 30 days after the date of tiie enactment of this Act the 
Secretary of Transportation (hereafter in this Act referred to as the 
"SecreUary") shall issue interim rules, r^ulations, orders, or stand-
surds containing penalty schedules applicable to railroads and 
individuals reflecting the changes made by the amendments in 
subsection (a). The Secretary shall issue final rules, regulations, 
orders, or standards with respect to such penalty schedules within 6 
months after such date of enactment. 
SEC. 4. UCENSING OR CERTIFICATION OF ENGINEERS. 
Regulations. 
45 use 438 note. 
202 of the Federal Railroad Safety Act of 1970 (45 
amended by adding at the end the following new 
(a) Section 
U.S.C. 431) is 
subsection: 
"GXl) The Secretary shall, within 12 months after the date of the Regulations. 
enactment of this subsection, issue such rules, regulations, orders, 
and standards as may be necessary to establish a program requiring 
the licensing or certification of any operator of a locomotive, includ-
ing any locomotive engineer, after the expiration of 12 months 
following the establishment of such prc^ram. 
"(2) The program established by the Secretary under paragraph 
"(A) shall be implemented through review and approval of 
each railroad's operator qualification standards; 
"(B) shall provide minimum training requirements; 
*XC) shall require comprehensive knowledge of applicable 
railroad operating practices and operating rules; 
"(D) shall, except as provided in paragraph (4), require the Records. 
consideration, to the extent information is available, of the 
motor vehicle driving record of each individual seeking licens-
ing or certification imder such pr(^ram, including— 
"(i) any denial of a motor vehicle operator's license by a 
State for cause within the previous 5 years; 
"(ii) any cancellation, revocation, or suspension of a 
motor vehicle operator's license by a State for cause within 
- " ' 
the previous 5 years; and 
"(iii) any conviction within the previous 5 years of an 
, ^
^
x
V 
ofTense described under section 205(aX3) (A) or (B) of the 
National Driver Roister Act of 1982, 
and may, based on such driving record, require disqualification 
of an individual or the granting of a license or certification 
conditioned on such terms as the Secretaiy may prescribe; and 
"(E) shall require any individual seeking a license or certifi-
cation under this subsection to— 
"(i) request the chief driver licensing official of each State state and local 
in which such individual has within the previous 5 years governments. 
Records. 
102 STAT. 626 
PUBLIC LAW 100-342—JUNE 22,1988 
Records. 
Alcohol and 
fdcoholic 
beverages. 
Drugs and drug 
abuse. 
State {ind local 
governments. 
Records. 
Classified 
information. 
held a motor vehicle operator's license to provide informa-
tion to his or her employer or prospective employer, or to 
the Secretary, as the Secretary may determine, with re-
spect to such individual's driving record; and 
'"(ii) make the request provided for in section 206(bX5) of 
the National Driver Roister Act of 1982, for information to 
be transmitted to his or her employer, prospective em-
ployer, or the Secretary, as the S^retary may determine. 
"(3) The Secretary, employer, or prospective employer, as appro-
priate, shall make information obtained under paragraph (2XE) 
available to the individual, who shall be given an opportunity to 
conunent on it in writing. Any such comment shall be included in 
any record or file maintained by the Secretary, employer, or 
prospective employer that contains the information to which the 
comment is related. 
"(4XA) The Secretary shall establish standards and procedures for 
waiving the application of requirements established under para-
graph (2XD) to any individual or class of individuals who the Sec-
retary determines are not currently unfit to operate a locomotive. 
"(B) In establishing the program under this subsection, the Sec-
retary may not waive the application of requirements established 
under paragraph (2)Q)) to an individual or class of individuals with a 
conviction, cancellation, revocation, or suspension described in para-
graph (6) (A) or (B) who have not successfully completed a rehabilita-
tion pn^am estaJblished by a railroad or approved by the Secretary. 
"(5) An individual who is denied a license or certification or whose 
license or certification is conditioned under requirements estab-
lished under paragraph (2XD) shall be entitled to an administrative 
hearing under subsection (b) to determine whether such license or 
certification has been properly denied or conditioned. 
"(<S) No individual shall be denied a license or certification under 
requirements established under paragraph (2XD) because of— 
"(A) a conviction for operating a motor vehicle while under 
the influence of, or impaired by, alcohol or a controlled sub-
stance; or 
"(B) the cancellation, revocation, or suspension of the motor 
vehicle operator's license of such individual on the basis of 
operating a motor vehicle while under the influence of, or 
impaired by, alcohol or a controlled substance, 
if such individual subsequent to such conviction, cancellation, rev-
ocation, or suspension has successfully completed a rehabilitation 
program established by a railroad or approved by the Secretary.". 
(bXD Section 206(b) of the National Driver Register Act of 1982 (23 
U 
AC!. 401, note) is amended by adding at the end the following new 
paragraph: 
"(5) Any individual who is employed by a railroad as an operator 
of a locomotive, or who seeks employment with a railroad as an 
operator of a locomotive, ma^ request the chief driver licensing 
(mSdal of a State to transmit mformation Hoarding the individusd 
under subsection (a) of this section to his or her employer or 
prospective employer, or to the Secretary. There shall be no access 
to information in the Register under this paragraph which was 
entered in the R^pster more than three years before the date of 
such iCMiuest, unless such information relates to revocations or 
suspensicnis that are still in effect on the date of the request 
Inforaiation submitted to the Roister by the States under Fublic 
PUBLIC LAW 100-342—JUNE 22, 1988 
102 STAT. 627 
Law 86-660 (74 Stat. 526) or under this title shall be subject to access 
for the purpose of this paragraph during the transition described 
under section 203(c) of this title.". 
(2) Paragraphs (1) and (2) of subsection 0)) of section 206 of the 
National Driver Register Act of 1982 (23 U.S.C. 401, note) are each 
amended by adding at the end the following: "Information submit- State and local 
ted to the Register by States under Public Law 86-660 (74 Stat. 526) governments. 
or under this title shall be subject to access for the purpose of this 
paragraph during the transition described under section 203(c) of 
this title.". 
SEC. 5. PROTECTION OF EMPLOYEES AGAINST DISCRIMINATION. 
(a) Section 212(cX2) of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 441(cX2)) is amended to read as follows: 
"(2) In any proceeding with respect to which a dispute, grievance. Claims. 
or claim arising under this section is brought for resolution before 
the Adjustment Board (or any division or delegate thereof) of any 
other board of adjustment created under section 3 of the Railway 
Labor Act (45 U.S.C. 153), such dispute, grievance, or claim shall be 
expedited by such Board or other board and be resolved within 180 
days after its filing. If the violation of subsection (a) or (b) is a form Ws^es. 
of discrimination other than discharge, suspension, or any other dis-
crimination with respect to pay, and no other remedy is available 
under this subsection, the Adjustment Board (or any division or 
del^ate thereof) or any other board of adjustment created under 
section 3 of the Railway Labor Act may award the aggrieved 
employee reasonable damages, including punitive damages, not to 
exceed $20 000.". 
0)) Section 212 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 441) is amended by adding at the end the following new 
subsection: 
"(fKl) Except as provided in paragraph (2), or with the written 
consent of the employee, the Secretary shall not disclose the name of 
any employee of a railroad who has provided information with 
respect to an alleged violation of this title, any other Federal 
railroad safety law, or any rule, regulation, order, or standard issued 
under this title or any other Federal railroad safety law. 
"(2) The Secretary shall disclose to the Attorney General the 
name of any employee described in paragraph (1) who has provided 
information with respect to a matter being referred to the Attorney 
General for enforcement under this title, any other Federal railroad 
safety law, or any rule, regulation, order, or standard issued under 
this title or any other Federal railroad safety law.". 
SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROJECT. 
Section 704(aXl) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 854(aXl)) is amended— 
(1) by striking "and" before "installation of evacuation"; and State listing. 
(2) by adding at the end the following: "improvements to the 
communication and signal systems at locations between 
Wilmington, Delaware, and Beaton, Massachusetts, on the 
Northeast Corridor main line and between Philadelphia, Penn-
sylvania, and Harrisburg, Pennsylvania, on the Harrisburg 
Line; improvement to the electric traction systems between 
Wilmington, Delaware, and Newark, New Jersey; installation of 
baggage rack restraints, seat back guards and seat lock devices 
on three hundred forty-eight passenger cars operating within 
the Northeast Corridor; installation of forty-four event record-
Classified 
information. 
102 STAT. 628 
PUBLIC LAW 100-342—JUNE 22, 1988 
Business and 
industry. 
Corporations. 
Courts, U.S. 
Regulations. 
Records. 
District of 
Columbia. 
Massachusetts. 
ere and ten electronic warning devices on locomotives operating 
within the Northeast Corridor; and acquisition of cab signal test 
boxes and installation of nine wayside loop code transmittere 
for use within the Northeast Corridor;". 
SEC. 7. JURISDICTION OVER HIGH SPEED RAIL SYSTEMS. 
(a) Section 202(e) of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431(e)) is amended to read as follows: 
"(e) The term 'railroad' as used in this title means all forms of 
non-highway ground transportation that run on rails or electro-
magnetic guideways, including (1) commuter or other short-haul rail 
passenger service in a metropolitan or suburban area, as well as any 
commuter rail service which was operated by the Ck)nsolidated Rail 
Corporation as of January 1, 1979, and (2) high speed ^ound 
transportation S3rstems that connect metropolitan areas, without 
regard to whether they use new technologies not associated with 
traditional railroads. Such term does not include rapid transit oper-
ations within an urban area that are not connected to the general 
railroad system of transportation.". 
(b) Section 202 of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 431) is amended by striking subsections (i), O
)
* ^nd (k), and 
redesignating subsection (1), as added by section 4 of this Act, as 
subsection (i). 
SEC. 8. ENFORCEMENT OF SUBPOENAS AND ORDERS. 
Section 208(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
437(a)) is amended by striking "Act;" and all that follows and 
inserting in lieu thereof the following: "title. In case of contumacy 
or refusal to obey a subpoena, order, or directive of the Secretary 
issued under this title by any individual, partnerehip, or corporation 
that resides, is found, or conducts business within the jurisdiction of 
an3^ district court of the United Stat^, such district court shall have 
jurisdiction, upon petition by the Attorney Cxeneral, to issue to such 
individual, partnerehip, or corporation an order requiring imme-
diate compliance with the Secretary's subpoena, order, or 
directive.". 
SEC. 9. AUTOMATIC TRAIN CONTROL AND RELATED SYSTEMS. 
Section 202 of the Federal Railroad Safety Act of 1970 is amended 
by adding at the end the following new subsections: 
"(j) Within 90 days after the date of enactment of this subsection, 
the Secretary shall issue such rules, r^ulations, ordere, and stand-
ards as may be necessary to require that— 
"(1) whoever performs any test required by the Secretary of 
an automatic train stop, train control, or cab signal apparatus 
prior to entering territory where such apparatus will be used 
shall certify in writing that such test was properly performed; 
and 
"(2) that such certiHcation shall be kept and maintained in 
the same manner and place as the daily inspection report for 
that locomotive. 
"(kXD All trains operating after April 1,1990, on the main line of 
the Northeast Corridor betwen Washington, D.C., and Boston, 
Massachusetts, or on the feeder line referred to in section 
704(aXlXB) of the Railroad Revitalization and Regulatory Reform 
Act of 1976, shall be equipped with automatic train control s^tems 
designed to slow or stop a train in response to external signals. 
PUBLIC LAW 100-342—JUNE 22, 1988 
102 STAT. 629 
"(2) If the Secretary finds that it is impracticable to equip all 
trains as required under paragraph (1) before April 1, 1990, the 
Secretary may extend the deadline for compliance with such 
requirement, but in no event shall such deadline be extended past 
July 1,1990. 
"(1) The Secretary, in consultation with the National Railroad 
Passenger Corporation, fre^ht carriers, commuter agencies, em-
ployee representatives, railroad passengers, and rail equipment 
manufacturers, shall undertake a study of the advisability and 
feasibility of requiring automatic train control systems, including 
systems using advanced technology, such as transponder and sat-
ellite relay systems, on each rail corridor on which passengers or 
hazardous materials are carried. Such study shall include— 
"(1) a specific assessment of the dangers of not requiring 
automatic train control systems on each such corridor, based on 
analysis of the number of passenger trains, persons, and freight 
trains traveling on such corridor daily, the frequency of train 
movements, mileage traveled, and the incident and accident 
history on such corridor; 
"(2) an analysis of the cost of requiring such systems to be 
installed on each specific corridor; and 
"(3) an investigation of alternative means of accomplishing 
the same safety objectives as would be achieved by requiring 
automatic train control systems to be installed. 
The Secretary shall submit to the Congress by April 1,1990, a report Reports. 
detailing the results of such study.". 
SEC. 10. EVENT RECORDERS. 
Section 202 of the Federal Railroad Safety Act of 1970 is amended 45 use 431. 
by adding at the end the following new subsection: 
"(mXlXA) The Secretary shall, within 18 months after the date of Regulations. 
the enactment of the Rail Safety Improvement Act of 1988, issue 
such rules, r^ulations, standards, and orders as may be necessary 
to enhance safety by requiring that trains be equipped with event 
recorders within 1 year after such rules, regulations, orders, and 
standards are issued. 
"(B) If the Secretary finds that it is impracticable to equip trains 
as required under subparagraph (A) within the time limit under 
such subparagraph, the Secretary may extend the deadline for 
compliance with such requirement, but in no event shall such 
deadline be extended past 18 months after such rules, regulations, 
orders, and standards are issued. 
"(2) For the purposes of this subsection, the term 'event recorders' 
means devices that— 
"(A) record train speed, hot box detection, throttle position, 
brake application, brake operations, and any other function the 
Secretary considers necessary to record to assist in monitoring 
the safety of train operation, such as time and signal indication; 
and 
"(B) are designed to resist tampering.". 
SEC. 11. NORTHEAST CORRIDOR SAFETY COMMITTEE. 
45 use 431 note. 
(a) Within 30 days after the date of enactment of this Act, the Establishment. 
Secretary of Transportation (hereafter in this Act referred to as the 
"Secretaiy") shall establish a Northeast CJorridor Safety C!ommittee 
and appoint members to the Committee which shall consist of 
representatives of— 
102 STAT. 630 
PUBLIC LAW 100-342—JUNE 22, 1988 
(1) the Secretary; 
(2) the National Railroad Passenger Corporation; 
(3) freight carriers operating more than 150,000 train miles 
^ 
per year on the main line of the Northeast Corridor; 
(4) commuter agencies; 
(5) railroad passengers; 
(6) rail labor; and 
(7) any other persons or organizations the Secretary deter-
mines to have a significant interest in rail safety. 
OD) The Secretary shall consult with the Northeast Corridor Safety 
Committee on safety improvements on the main line of the North-
east Corridor. 
Transportation. 
(c) Within 90 days after the date of enactment of this Act, the 
Secretary shall, in accordance with section 333 of title 49, United 
States Code, convene a meeting of rail carriers operating more than 
150,000 train miles per year on the main line of the Northeast 
Corridor for the purpose of reducing through freight traffic on 
portions of such line used primarily for passenger traffic. 
Reports. 
(d) Within one year after the date of enactment of this Act the 
Secretary shall submit a report to the Congress on the status of 
efforts to improve safety on the main line of the Northeast Corridor 
pursuant to the provisions of this section. 
SEC. 12. MISCELLANEOUS. 
Section 211(c) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
440(c)) is repealed. 
SEC. 13. AMENDMENTS TO SAFETY APPLIANCE ACTS. 
The Act of March 2, 1893 (45 U.S.C. 1-7), the Act of March 2,1903 
(45 U.S.C. 8-10), and the Act of April 14, 1910 (45 U.S.C. 11-16), 
commonly referred to as the Safety Appliance Acts, are amended as 
follows: 
(1) The Act of March 2,1893, is amended— 
(A) in the first section (45 U.S.C. 1)— 
(i) by striking "common carrier engaged in interstate 
commerce by"; 
(ii) by striking "in moving interstate traffic"; and 
(iii) by striking "in such traffic"; 
(B) in section 2 (45 U.S.C. 2)— 
(i) by striking "common carrier" and inserting in lieu 
thereof "railroad"; and 
(ii) by striking "used in moving interstate traffic"; 
(C) in section 3 (45 U.S.C. 3), by striking "person, firm, 
company, or corporation engaged in interstate commerce 
by"; 
(D) in section 4 (45 U.S.C. 4), by striking "in interstate 
commerce"; 
(E) in section 5 (45 U.S.C. 5)— 
(i) by striking "common carriers" and inserting in 
lieu thereof "railroads"; 
(ii) by striking "engaged in interstate commerce"; 
and 
(iii) by striking "in interstate traffic"; 
(F) in section 6 (45 U.S.C. 6)— 
(i) by striking all before the first semicolon and 
Claims. 
inserting in lieu thereof the following: "Any person 
Courts, U.S. 
(including a railroad and any manager, supervisor, 
PUBLIC LAW 100-342—JUNE 22, 1988 
102 STAT. 631 
official, or other employee or agent of a railroad) using 
any locomotive engine, running any train, or hauling 
or permitting to be hauled or used on its line any car in 
violation of any of the provisions of this Act, shall be 
liable to a penalty in such amount, not less than $250 
nor more than $10,000 per violation (with each day of a 
violation constituting a separate violation), or where a 
grossly negligent violation or a pattern of repeated 
violations has created an imminent hazard of death or 
injury to persons, or has caused death or injury, not to 
exceed $20,000, as the Secretary of Transportation 
deems reasonable, except that a penalty may be as-
sessed against an individual only for a willful violation, 
such penalty to be assessed by the Secretary of 
Transportation and, where compromise is not reached 
by the Secretary under the Federal Claims Collection 
Act of 1966, recovered in a suit or suits to be brought by 
the United States attorney for the judicial district in 
which the violation occurred, in which the individual 
defendant resides, or in which the defendant has its 
principal executive office"; and 
(ii) by adding at the end the following: "For purposes 
of this section, an act by an individual that causes a 
railroad to be in violation of any of the provisions of 
this Act shall be deemed a violation, and an individual 
shall be deemed not to have committed a willful viola-
tion where such individual has acted pursuant to the 
direct order of a railroad official or supervisor, under 
protest communicated to the supervisor. Such individ- Records. 
ual shall have the right to document such protest."; 
(G) in section 7, by striking "common carrier" and insert-
ing in lieu thereof "railroad ; and 
(H) in section 8 (45 U.S.C. 7)— 
(i) by striking "common carrier" and inserting in lieu 
thereof "railroad"; and 
(ii) by striking "such carrier" and inserting in lieu 
thereof "such railroad". 
(2) The Act of March 2,1903, is amended— 
(A) in the first section (45 U.S.C. 8), by striking "common 
carriers by" and by striking "engaged in interstate com-
merce" the second time it appears; 
(B) in section 2 (45 U.S.C. 9)— 
(i) by striking "common carriers engaged in inter-
state commerce by railroad" and inserting in lieu 
therof "railroads"; and 
(ii) by striking "engaged in interstate commerce"; 
and 
(C) in section 3 (45 U.S.C. 10), by striking "common 
carrier" and inserting in lieu thereof "person (including a 
railroad and any manager, supervisor, official, or other 
employee or agent of a railroad) . 
(3) The Act of April 14,1910, is amended— 
(A) in section 2 (45 U.S.C. 11), by striking "common 
carrier" and inserting in lieu thereof "railroad"; 
(B) in section 3 (45 U.S.C. 12)— 
(i) by striking "in interstate or foreign traffic" wher-
ever it appears; 
102 STAT. 632 
PUBLIC LAW 100-342—JUNE 22, 1988 
(ii) by striking "common carrier" and inserting in 
lieu thereof "railroads"; and 
(iii) by striking "common carrier" and inserting in 
lieu thereof "railroad"; 
(C) in section 4 (45 U.S.C. 13)— 
(i) by striking "common carrier subject to this Act" 
and inserting in lieu thereof "person (including a rail-
road and any manager, supervisor, official, or other 
employee or agent of a railroad)"; 
(ii) by striking "carrier" wherever it appears and 
inserting in lieu thereof "person"; 
(iii) by striking "of not less than $250 and not more 
than $2,500 for each and every such violation, to" and 
inserting in lieu thereof the following: "in such 
amount, not less than $250 nor more than $10,000 per 
violation (with each day of a violation constituting a 
separate violation), or where a grossly negligent viola-
tion or a pattern of repeated violations has created an 
imminent hazard of death or injury to persons, or has 
caused death or injury, not to exceed $20,000, as the 
Secretary of Transportation deems reasonable, except 
that a penalty may be assessed against an individual 
only for a willful violation. Such penalty shall"; 
(iv) by striking "and recovered"and inserting in lieu 
thereof the following: "and, where compromise is not 
reached by the Secretary under the Federal Claims 
Collection Act of 1966, recovered"; and 
(v) by adding at the end the following: "For purposes 
of this section, an individual shall be deemed not to 
have committed a willful violation where such individ-
ual has acted pursuant to the direct order of a railroad 
official or supervisor under protest communicated to 
the supervisor. Such individual shall have the right to 
document such protest."; 
(D) in section 5 (45 U.S.C. 14), by striking "common 
carrier" and inserting in lieu thereof "railroad"; and 
(E) by amending the first section (45 U.S.C. 16) to read as 
follows: "That as used in this Act, the Act of March 2,1893 
(45 U.S.C. 1-7), and the Act of March 2, 1903 (45 U.S.C. 
8-10), commonly known as the Safety Appliance Acts, the 
term 'railroad* shall have the same meaning as when used 
in the Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et 
seq.).". 
SEC. 14. AMENDMENTS TO LOCOMOTIVE INSPECTION ACT. 
The Act entitled "An Act to promote the safety of employees and 
travelers upon railroads by compelling common carriers engaged in 
interstate commerce to equip their locomotives with safe and suit-
able boilers and appurtenances thereto", approved February 17, 
1911 (45 U.S.C. 22 et seq.), is amended— 
(1) by amending the first section (45 U.S.C. 22) to read as 
follows: "That the term 'railroad', when used in this Act, shall 
^ 
have the same meaning as when used in the Federal Railroad 
Safety Act of 1970 (45 U.S.C. 431 et seq.)."; 
(2) in section 2 (45 U.S.C. 23), by stiiking "carrier" wherever it 
appears and inserting in lieu thereof "railroad"; 
PUBLIC LAW 100-342—JUNE 22, 1988 
102 STAT. 633 
(3) in section 3 (45 U.S-C. 24), by striking "common carriers" 
and inserting in lieu thereof "railroads"; 
(4) in section 5 (45 U.S.C. 28)— 
(A) by striking "conmion carrier" and inserting in lieu 
thereof "railroad"; and 
(B) by striking "carrier" wherever it appears and insert-
ing in fieu thereof "railroad"; 
(5) in section 6 (45 U.S.C. 29), by striking "carrier" and 
"carriers" wherever they appear and inserting in lieu thereof 
"railroad" and "railroads", respectively; 
(6) in section 8 (45 U.S.C. 32), by striking "carrier" wherever it 
appears and inserting in lieu thereof "railroad"; and 
(7) in section 9 (45 U.S.C. 34)— 
(A) by striking all before the first semicolon and inserting Claims. 
in lieu thereof the following: "Any person (including a Ck)urts, U.S. 
railroad and any manager, supervisor, official, or other 
employee or agent of a railroad) violating this Act, or any 
rule or r^ulation made under its provisions or any lawful 
order of any inspector, shall be liable to a penalty in such 
amount, not less than $250 nor more than $10,000 per 
violation (with each day of a violation constituting a sepa-
rate violation), or where a grossly n^ligent violation or a 
pattern of repeated violations has created an imminent 
hazard of death or injury to persons, or has caused death or 
injury, not to exceed $20,000, as the Secretary of Transpor-
tation deems reasonable, except that a penalty may be 
assessed against an individual only for a willful violation. 
Such penalty shall be assessed by the Secretary of 
Transportation and, where compromise is not reached by 
the Secretary under the Federal Claims Collection Act of 
1966, recovered in a suit or suits to be brought by the 
United States attorney for the judicial district in which the 
violation occurred, in which the individual defendant re-
sides, or in which the defendant has its principal executive 
ofRce"; and 
(B) by adding at the end the following: "For purposes of 
this section, an act by an individual that causes a railroad 
to be in violation of any of the provisions of this Act, or any 
rule or r^ulation made under its provisions or any lawful 
order of any inspector, shall be deemed a violation, and an 
individual shall be deemed not to have committed a willful 
violation where such individual has acted pursuant to the 
-
direct order of a railroad official or supervisor under protest 
communicated to the supervisor. Such individual shall have Records. 
the right to document such protest.". 
SEC. 15. AHENDMENTS TO ACCIDENT REPORTS ACT. 
The Act entitled "An Act requiring common carriers engaged in 
interstate and foreign commerce to make full reports of all accidents 
to the Interstate Commerce Commission, and authorizing investiga-
tions thereof by said commission", approved May 6, 1910 (45 U.S.C. 
38 et seq.) is amended— 
(1) in the first section (45 U.S.C. 38>— 
(A) by striking "common carrier engaged in interstate or 
foreign commerce by"; 
(B) by striking "carriers" and by inserting in lieu thereof 
. |j 
"railroads"; and 
102 STAT. 634 
PUBLIC LAW 100-342—JUNE 22, 1988 
(Q by adding at the end the following: "The term 'rail-
road' when used in this Act shall have the same meaning as 
when used in the Federal Railroad Safety Act of 1970 (45 
U.S.C.431etseq.)."; 
(2) in section 2 (45 U.S.C. 39)— 
(A) by striking "common carrier" and inserting in lieu 
thereof "railroad"; and 
(B) by striking the last sentence; 
(3) in section 3 (45 U.S,C. 4 0 ) -
(A) by striking "common carrier engaged in interstate or 
foreign conmierce by"; and 
(B) by striking "carriers" and inserting in lieu thereof 
"railroads"; 
(4) by amending section 7 (45 U.S.C. 43) to read as follows: 
"SEC. 7. Any person (including a railroad and any manager, 
Claims. 
supervisor, official, or other employee or agent of a railroad) violat-
Courts, U.S. 
ing this Act or any rule, regula^on, order, or standard issued under 
this Act or the Federal Railroad Safety Act of 1970 pertaining to 
accident reporting or investigations shall be liable for a penalty in 
such amount, not less thant $250 nor more than $10,000 per viola-
tion (with each day of a violation constituting a separate violation), 
or where a grossly n^ligent violation or a pattern of repeated viola-
tions has created an imminent hazard of death or injury to persons, 
or has caused death or injury, not to exceed $20,000, as the Secretary 
of Transportation deems reasonable, except that a penalty may be 
assessed against an individual only for a willful violation. Such 
penalty shall be assessed by the Secretazy of Transportation and, 
where compromise is not reached by the Secretary under the Fed-
eral (Claims Collection Act of 1966, recovered in a suit or suits to be 
brought by the United States attorney for the judicial district in 
which the violation occurred, in which the individual defendant 
resides, or in which the defendent has its principal executive office. 
For purposes of this section, an act by an individual that causes a 
railroad to be in violation of any of the provisions of this Act or any 
rule, r^ulation, order, or standard issued under this Act or the 
Federal Railroad Safety Act of 1970 pertaining to accident reporting 
or investigations shall be deemed a violation, and an individual shall 
be deemed not to have committed a willful violation where such 
individual has acted pursuant to the direct order of a railroad 
official or supervisor under protest communicated to the supervisor. 
Records. 
Such individual shaU have the right to document such protest.". 
SEC le. AMENDMENTS TO HOURS OF SERVICE ACT. 
The Act of March 4,1907, commonly referred to as the Hours of 
Service Act (45 U.S.C. 61 et seq.), is amended— 
(1) in the first section (45 U.S.C. 61)— 
(A) in subsection (a), by striking "common carrier en-
gaged in interstate or foreign commerce by"; 
CB>) in subsection (bXD, by striking all after "term" and 
inserting in lieu thereof "'railroad shall have the same 
meaning as when used in the Federal Railroad Safety Act 
of 1970 (45 UJS.C. 431 et seq.)."; and 
(C) in subsection (bX4), by striking "carrier" and inserting 
in lieu thereof "railroad"; 
(2) in section 2 (45 U.S.C. 62), by striking "common carrier" 
wherever it iqppears and inserting in lieu therectf "railroad"; 
'-"^Siip*' 
PUBLIC LAW 100-342—JUNE 22,1988 
102 STAT. 635 
(3) in section 3 (45 U.S.C. 63), by striking "common carrier" 
and inserting in lieu thereof "railroad"; 
(4) in section 3A (45 U.S.C. 63a), by striking "common carrier" 
and "carrier" wherever they appear and inserting in lieu 
thereof "railroad"; 
(5) in section 4 (45 U.S.C. 64), by striking "common carrier" 
and inserting in lieu thereof "railroad"; 
(6) in section 5 (45 U.S.C. 64a)— 
(A) by amending subsection (aXl) to read as follows: 
"(aXD Any person (including a railroad and any manager, super- Claims. 
visor, ofRcial, or other employee or agent of a railroad) that requires Courts, U.S. 
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 up to 
$1,000 per violation, as the Secretary of Transportation deems 
reasonal>le, except that a penalty may be ass^sed against an 
individual only for a willful violation. Such penalty shall be assessed 
by the Secretary of Tnmsportation and, where compromise is not 
reached by tiie Secretaxy under the Federal Claims Ck)llection Act of 
1966, recovered in a suit or suits to be brought by the United States 
attorney for the judicial district in which the violation occurred, in 
which tiie individual defendant resides, 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 informa-
tion being lodged with him. In the case of a violation of section 
2 (aX3) or (aX4) of this Act, each day a facility is in noncompliance 
shall constitute a separate offense. For purposes of this section, an 
act by an individual that causes a railroad to be in violation of this 
Act shall be deemed a violation, and an individual shall be deemed 
not to have committed a willful violation where such individual has 
acted pursuant to the direct order of a railroad official or supervisor 
under protest communicated to the supervisor. Such individual shall Records. 
have the right to document such prot^."; 
W) in subsection (aX2), by striking "the common carrier" 
and inserting in lieu thereof "such person"; 
(Q in subsection (c), by striking "common carrier" and 
inserting in lieu thereof "railroad'^ and 
(D) in subsection (d), by striking "carrier" and inserting 
in lieu thereof "railroad". 
SEC. 17. AHENDMENTS TO SIGNAL INSPECTION ACT. 
Section 25 of the Act of February 4. 1887 (49 App. U.S.C. 26) is 
amended— 
(1) by amending subsection (a) 
to 
read as follows: 
"(a) The term 'railroad' as used in this section shall have the same 
meaning as when used in the Federal Railroad Safety Act of 1970 (45 
U.S.C.431etseq.)."; 
(2) in subsection (b), by striking "carrier" wherever it appears 
and insertmg in lieu thereof "railroad", and by striking "car-
riers" and inserting in lieu thereof "railroads"; 
(3) in subsection (c)— 
(A) by striking "carrier by"; and 
(B) by striking "carrier" wherever it appears and insert-
ing in Ueu thereof "railroad"; 
(4) in subsection (d), by striking "carrier" wherever it appears 
and inserting in lieu thereof "railroad"; 
102 STAT. 636 
PUBLIC LAW 100-342—JUNE 22, 1988 
Claims. 
Courts, U.S. 
Records. 
(5) in subsection (e), by striking "carrier" and inserting in lieu 
thereof "railroad"; 
(6) in subsection (f), by striking "carrier" wherever it appears 
and inserting in lieu thereof "railroad"; 
(7) in subsection (h)— 
(A) by amending the first sentence to read as follows: 
"Any person (including a railroad and any manager, super-
visor, official, or other employee or agent of a railroad) 
violating any provision of this section, or failing to comply 
with any of the rules, regulations, orders, standards, or 
instructions made, prescribed, or approved hereunder shall 
be liable to a pensdty in such amount, not less than $250 
nor more than $10,000 per violation (with each day of a 
violation constituting a separate violation), or where a 
grossly n^ligent violation or a pattern of repeated viola-
tions has created an imminent hazard of death or injury to 
persons, or has caused death or injury, not to exceed 
$20,000, as the Secretary of Transportation deems reason-
able, except that a penalty may be assessed against an 
individual only for a willful violation. Such penalty shall be 
assessed by the Secretary of Transportation and, where 
compromise is not reached by the Secretary under the 
Federal Claims Collection Act of 1966, recovered in a suit or 
suits to be brought by the United States attorney for the 
judicial district in which the violation occurred, in which 
the individual defendant resides, or in which the defendant 
has its principal executive office."; and 
(B) by adding at the end the following: "For purposes of 
this section, an act by an individual that causes a railroad 
to be in violation of any of the provisions of this section, or 
to fail to comply with any of the rules, regulations, orders, 
standards, or instructions made, prescribed, or approved 
under this section, shall be deemed a violation, and an 
individual shall be deemed not to have committed a willful 
violation where such individual has acted pursuant to the 
direct order of a railroad official or supervisor under protest 
communicated to the supervisor. Such individual shall have 
the right to document such protest."; and 
* 
(8) by striking "Commission" wherever it appears, except as it 
appears in subsection (f) in the title of the Act of May 6, 1910, 
and inserting in lieu thereof "Secretary of Transportation". 
SEC. 18. RAIL PASSENGER SERVICE AMENDMENTS. 
(a) Section 301 of the Rail Passenger Service Act (45 U.S.C. 541) is 
amended by striking "agency" and inserting in lieu thereof "agency, 
instrumenUdity, authority, or entity,". 
(b) Section 303(aXlXE) of the Rail Passenger Service Act (45 U.S.C. 
543(aXl)(E)) is amended to read as follows: 
"(E) Two members selected by the preferred stockholders of 
the Corporation, who each shall serve for a term of one year or 
until their successors have been appointed.". 
(c) Section 303(d) of the Rail Passenger Service Act (45 U.S.C. 
543(d)) is amended by striking the third sentence and inserting in 
lieu thereof the following: "The president and other officers of the 
Corporation shall receive compensation at a level no higher than the 
general level of compensation paid officers of railroads in positions 
of comparable responsibility.". 
PUBLIC LAW 100-342—JUNE 22, 1988 
102 STAT. 637 
(d) Section 308(a) of the Rail Passenger Service Act (45 U.S.C. 
548(a)) is amended by inserting immediately after "also" in the last 
sentence the following: "provide all relevant information concerning 
any decision to pay to any officer of the Corporation compensation 
at a rate in excess of that prescribed for level I of the Executive 
Schedule imder section 5312 of title 5, United States Oode, and". 
(e) Section 602(i) of the Rail Passenger Service Act (45 U.S.C. 
602(i)) is repealed. 
(f) Subsection (b) of the first section of the Act entitled "An Act to 
amend the Rail Passenger Service Act of 1970 in order to provide 
financial assistance to the National Railroad Passenger O)rporation, 
and for other purposes", approved June 22,1972 (Public Law 92-316; 
86 Stat. 227), is repealed. 
(gXD The National Railroad Passenger Corporation (hereafter in 
this subsection referred to as "Amtrak ), or the owner of any facility 
which presents a danger to the employees, passengers, or property of 
Amtrak, may petition the Secretary for assistance to the owner of 
such facility for relocation or other remedial measures to minimize 
or eliminate such danger under this subsection. 
(2) If the Secretary determines that— 
(A) a facility which is the subject of a petition under para-
graph (1) presents a danger of death or serious injury to any 
employee or passenger of Amtrak or serious damage to any 
property of Amtrak; and 
(B) the owner of such facility should not be expected to bear 
the cost of relocating or other remedial measures necessary to 
minimize or eliminate such danger, 
the Secretary shall recommend to the Congress that the 0)ngress 
authorize funding, by reimbursement or otherwise, for such reloca-
tion or other remedial measures. 
(3) Petitions may be submitted under paragraph (1) with respect to 
any relocation or remedkd measures undertaken on or after Janu-
ary 1,1978. 
(hXD There is authorized to be appropriated to the Secretary for 
the purposes of this subsection, $1,000,000, to remain available until 
expended. 
(2) The National Railroad Passenger Corporation, or such Cor-
poration jointly with any owner or operator of a rail station used for 
the operations of such Corporation, may apply to the Secretary for 
funds appropriated under this subsection for payment or reimburse-
ment of expenses, incurred after October 1,1987, in connection with 
enabling such station to comply with the requirements of any 
official notice received before October 1, 1987, from State or local 
authorities asserting that a violation of building, construction, fire, 
electric, sanitetion, mechanical, or plmnbing codes exists or is 
allied to exist with respect to such station. 
SEC. 19. MAINTENANCE-OF-WAY OPERATIONS. 
(a) Section 202 of the Federal RaUroad Safety Act of 1970 (45 
U.S.C. 431) is further amended by adding at the end the following 
new subsection: 
"(n) The Secretary shall, within one year after the date of the 
enactment of this subsection, issue such rules, regulations, orders, 
and standards as may be necessary for the safety of maintenance-of-
way employees, including standards for bridge safety equipment, 
such as nets, walkways, handrails, and safety lines, and require-
ments relating to instances when boats shall be used.". 
45 u s e 543 note. 
45 u s e 650a. 
Appropriation 
authorization. 
45 u s e 650a 
note. 
Regulations. 
Bridges. 
Maritime affairs. 
102 STAT. 638 
PUBLIC LAW 100-342—JUNE 22, 1988 
Effective date. 
45 use 62 note. 
45 u s e 445. 
Highways. 
Reports. 
Appropriation 
authorization. 
Regulations. 
(b)(1) Section 2 of the Act of March 4, 1907, commonly referred to 
as the Hours of Service Act (45 U.S.C. 62), is amended by adding at 
the end the following: 
"(e) As used in section 2(aX3) of this Act, the term 'employees' 
shall include an individual employed for the purpose of maintaining 
the right-of-way of any railroad.". 
(2) As it applies to interruptions caused by noise under section 
2(aX3) of such Act, the amendment made by paragraph (1) shall take 
effect 180 days after the date of the enactment of this Act. 
(c) The Secretary shall, within one year after the date of the 
enactment of this Act, amend part 218 of title 49, Code of Federal 
Regulations, to apply blue signal protection to on-track vehicles 
where rest is provided. 
SEC. 20. GRADE CROSSING DEMONSTRATION PROJECTS. 
The Federal Railroad Safety Act of 1970 is amended by adding at 
the end the following new section: 
"SEC. 215. GRADE CROSSING DEMONSTRATION PROJECTS. 
"(a) The Federal Railroad Administration shall establish dem-
onstration projects for the purpose of evaluating— 
"(1) whether reflective markers installed on the road surface 
or on a signal post at grade crossings would reduce accidents 
involving trains; 
"(2) whether a stop sign or 3deld sign installed at grade 
crossings would reduce such accidents; and 
"(3) whether speed bumps or rumble strips installed on the 
road surface at the approach to grade crossings would reduce 
such accidents. 
"(b) The Federal Railroad Administration shall, within two years 
after the date of the enactment of the Rail Safety Improvement Act 
of 1988, report to the Committee on Energy and Commerce of the 
House of Representatives and to the Committee on Commerce, 
Science, and Transportation of the Senate on the results of the 
demonstration projects established under subsection (a). 
"(c) There is authorized to be appropriated to the Secretary of 
Transportation for improvements in grade crossing safety other 
than the demonstration projects provided for under subsection (a), 
$1,000,000, to remain available until expended.". 
SEC. 21. TAMPERING WITH SAFETY DEVICES. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) is further amended by adding at the end the following new 
subsection: 
"(oXD The Secretary shall, within 90 days after the date of the 
enactment of this subsection, issue such rules, regulations, orders, 
and standards as may be necessary to prohibit the willful tampering 
with, or disabling of, specified railroad safety or operational mon-
itoring devices. 
"(2XA) Any railroad company operating a train on which safety or 
operational monitoring devices are tampered with or disabled in 
violation of rules, regulations, orders, or standards issued by the 
Secretary under paragraph (1) shall be liable for a civil penalty 
under section 209. 
"(B) Any individual tampering with or disabling safety or oper-
ational monitoring devices in violation of rules, regulations, orders, 
or standards issued by the Secretary under paragraph (1), or who 
PUBLIC LAW 100-342—JUNE 22,1988 
102 STAT. 639 
knowingly operates or permits to be operated a train on which such 
devices have been tampered with or disabled by another person, 
shall be liable for such penalties as may be established by the 
Secretary, which may include fines under section 209, suspension 
from work, or suspension or loss of a license or certification issued 
under subsection (i).". 
SEC. 22. DISPATCHER TRAINING. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) is further amended by adding at the end the following new 
subsection: 
"(pXD The Secretary shall, within 180 days after the date of the 
enactment of the Rail Safety Improvement Act of 1988, conduct and 
complete an inquiry into whether training standards are necessary 
for those involved in dispatching trains. 
"(2) Upon the completion of such inquiry, the Secretary shall Reports, 
report the results of such inquiry to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate along with 
the Secretary's recommendations, and if the Secretary recommends 
that rules, regulations, orders, or standards be issued, the Secretary 
shall promptly initiate appropriate rulemaking proceedings.". 
SEC. 23. GRADE CROSSING SIGNAL SYSTEM SAFETY. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) is further amended by adding at the end the following new 
subsection: 
"(q) The Secretary shall, within one year after the date of the Regulations, 
enactment of the Rail Safety Improvement Act of 1988, issue such Highways, 
rules, regulations, orders, and standards as may be necessary to 
ensure the safe maintenance, inspection, and testing of signal sys-
tems and devices at railroad highway grade crossings.". 
SEC. 24. ACCIDENT REPORTS. 
45 USC 43a. 
If a railroad, in reporting an accident or incident under the 
Accident Reports Act (45 U.S.C. 38 et seq.), assigns human error as a 
cause of the accident or incident, such report shall include, at the 
option of each employee whose error is alleged, a statement by such 
employee explaining any factors the employee alleges contributed to 
the accident or incident. 
Approved June 22,1988. 
LEGISLATIVE HISTORY—S. 1539 (H.R. 3743): 
HOUSE REPORTS: No. 100-637 (Comm. of Conference). 
SENATE REPORTS: No. 100-153 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Nov. 5, considered and passed Senate. 
Dec. 18, H.R. 3743 considered and peissed House. 
Vol. 134 (1988): Feb. 3, S. 1539 considered and passed House, amended. 
May 23, House agreed to conference report. 
June 9, Senate £^eed to conference report.