Page:United States Statutes at Large Volume 102 Part 1.djvu/673

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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 (a)(l) to read as follows: "(a)(1) 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 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. 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. 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 (a)(2), 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. AMENDMENTS 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)toread 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 inserting in lieu thereof "railroad", and by striking "carriers" and inserting in lieu thereof "railroads"; (3) in subsection (c)— (A) by striking "carrier by"; and (B) by striking "carrier" wherever it appears and inserting in lieu thereof "railroad"; (4) in subsection (d), by striking "carrier" wherever it appears and inserting in lieu thereof "railroad";

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