Page:United States Statutes at Large Volume 102 Part 1.djvu/662

 102 STAT. 624

PUBLIC LAW 100-342—JUNE 22, 1988

Public Law 100-342 100th Congress An Act June 22, 1988 [S. 1539]

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,

Rail Safety Improvement SECTION 1. SHORT TITLE. Act of 1988. Law This Act may be cited as the "Rail Safety enforcement and crime. 45 USC 421 note. 1988". SEC. 2. AUTHORIZATION FOR APPROPRIATIONS.

Improvement Act of

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 September 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 development, 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 violation 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) by 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

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