Rail Safety Improvement Act of 1988

(Conference report filed in House, H. Rept. 100-637) Rail Safety Improvement Act of 1988 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1988 through 1990. Makes it unlawful for any person (including railroad personnel) to fail to comply with any rules prescribed by the Secretary of Transportation. Increases the maximum civil penalty for willful violations from $2,500 to $10,000 (and $20,000 for specified violations). Declares that an individual shall not be deemed to have committed a willful violation when such individual has acted pursuant to the direct order of a railroad official or supervisor, under protest directed to the supervisor. Authorizes the Secretary to prohibit an individual from performing safety-sensitive functions if such individual's violation of a rule, regulation, order, or standard is shown to make that individual unfit for such functions. Sets forth a deadline for the Secretary to issue interim and final rules with respect to penalty schedules applicable to railroads and individuals. Directs the Secretary of Transportation to implement a mandatory licensing program for railroad operators and engineers. Outlines the requirements of such program. Entitles individuals who have been denied an operator's license to an administrative hearing. Provides that an individual who has been convicted of operating a motor vehicle while under the influence of alcohol or a controlled substance will not be prohibited from holding a railroad operator's license if such individual has successfully completed a rehabilitation program established by a rail carrier or approved by the Secretary subsequent to such conviction. Amends the National Driver Registration Act of 1982 to authorize individual access to the National Driver Register for purposes of railroad employment in safety-sensitive functions. Amends the Federal Railroad Safety Act of 1970 to provide for reasonable damages (including a maximum amount of punitive damages) for employees aggrieved by certain discriminatory practices other than discharge, suspension, or pay reduction. Provides for expediting any proceeding with respect to a dispute, grievance, or claim for discharge or discrimination. Cites circumstances under which the Secretary is authorized to disclose the name of a railroad employee who has provided information regarding alleged railroad safety violations. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to identify additional Northeast Corridor improvement projects. Amends the Federal Railroad Safety Act of 1970 to include within the term "railroad": (1) all forms of non-highway ground transportation running on rails or electromagnetic guideways (except for rapid transit operations within an urban area not connected to the general railroad system); (2) metropolitan or suburban rail passenger service (including commuter service operated by the Consolidated Rail Corporation); and (3) high speed ground transportation systems connecting metropolitan areas. Repeals certain railroad safety directives regarding track safety, oscillating lights, and safety areas. Confers jurisdiction upon Federal district courts to issue an order to certain individuals, partnerships, or corporations to immediately comply with an order or subpoena issued by the Secretary. Mandates the use of certain automatic train control systems on all trains operating after April 1, 1990, on the main line of the Northeast Corridor between Washington, D.C., and Boston, Massachusetts. Requires the Secretary to conduct a feasibility study regarding automatic train control systems (including satellite relay and transponder systems, on rail corridors on which passengers or hazardous materials are carried) and to report the study results to the Congress by April 1, 1990. Directs the Secretary to: (1) promulgate regulations within 18 months after enactment of this Act requiring trains to be equipped with event recorders within one year after such regulations are issued; (2) establish a Northeast Corridor Safety Committee to consult with the Secretary regarding safety improvements in such Corridor; (3) convene a meeting of Northeast Corridor rail carriers regarding freight traffic reduction on such Corridor rail passenger lines; and (4) report to the Congress regarding the status of safety improvement efforts in such Corridor. Repeals the requirement that the Secretary submit to the President and the Congress a certain comprehensive railroad safety report. Makes conforming amendments to specified railroad safety Acts with regard to jurisdiction, venue, and civil penalties. Increases from $500 to $1,000 the maximum penalty for violations of the Hours of Service Act. Amends the Rail Passenger Service Act with respect to the compensation of the president and other officers of the National Railroad Passenger Corporation (Amtrak). Outlines circumstances under which the Amtrak, or the owner of any facility which presents a danger to Amtrak property, employees, or passengers, may petition the Secretary for relocation assistance or other remedial measures to obviate such danger. Authorizes appropriations. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary to promulgate regulations and standards regarding the protection of maintenance-of-way employees, including standards for certain bridge safety equipment, and requirements relating to boat usage. Makes conforming amendments to the Hours of Service Act. Directs the Secretary to amend the Code of Federal Regulations to apply blue signals protection to on-track vehicles where rest is provided. Requires the Federal Railroad Administration to establish, and report to certain congressional committees the results of, specified grade crossing demonstration projects. Authorizes appropriations for grade crossing safety improvements. Directs the Secretary to promulgate proscriptions against willful tampering with railroad safety or operational monitoring devices. Establishes a civil penalty for railroads operating a track with tampered or disabled monitoring devices. Directs the Secretary to: (1) report to certain congressional committees the results of an inquiry into whether training standards are necessary for train dispatchers; and (2) promulgate standards and regulations regarding signal systems at railroad highway grade crossings. Mandates that railroad accident reports which assign human error as a factor include an explanatory statement by the employee whose error is alleged.

(Measure passed House, amended (inserted text of H.R. 3743 as passed House)) Rail Safety Improvement Act of 1987 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1988 through 1990. Requires the Federal Railroad Administration to establish, and report to certain congressional committees regarding the results of, specified grade crossing demonstration projects. Authorizes appropriations for grade crossing safety improvements. Directs the Secretary of Transportation to implement a mandatory licensing program for railroad operators and engineers. Outlines the requirements of such program. Entitles individuals who have been denied an operator's license to an administrative hearing. Provides that an individual who has been convicted of operating a motor vehicle while under the influence of alcohol or a controlled substance will not be prohibited from holding a railroad operator's license if such individual has successfully completed a rehabilitation program established by a rail carrier or approved by the Secretary subsequent to such conviction. Mandates the use of certain automatic train control systems on all trains operating after July 1, 1990, on the main line of the Northeast Corridor between Washington, D.C., and Boston, Massachusetts. Requires the Secretary to conduct a feasibility study regarding automatic train control systems, including satellite relay and transponder systems, on rail corridors on which passengers or hazardous materials are carried. Makes it unlawful for any person (including railroad personnel) to fail to comply with any rules prescribed by the Secretary. Increases the maximum civil penalty for such violations from $2,500 to $10,000 (and $25,000 for specified violations). Authorizes the Secretary to prohibit an individual from performing safety-sensitive functions if such individual's violation of a rule, regulation, order, or standard is shown to make that individual unfit for such functions. Directs the Secretary to promulgate proscriptions against willful tampering with railroad safety or operational monitoring devices. Establishes a civil penalty for railroads operating a track with tampered or disabled monitoring devices. Directs the Secretary to: (1) report to certain congressional committees the results of an inquiry into whether training standards are necessary for train dispatchers; (2) promulgate standards and regulations regarding railroad highway grade crossings; and (3) report to certain congressional committees the results of an inquiry into whether to require that all trains be equipped with event recorders to enhance safety. Provides for an expedited proceeding by the National Railroad Adjustment Board of any railroad employee dispute or grievance alleging certain discriminatory practices. Cites circumstances under which the Secretary is authorized to disclose the name of a railroad employee who has provided information regarding alleged railroad safety violations. Mandates that railroad accident reports which assign human error as a factor include, at his or her option, an explanatory statement by the employee whose error is alleged. Outlines circumstances under which the National Railroad Passenger Corporation (Amtrak) (or the owner of any facility which presents a danger to Amtrak property, employees or passengers) may petition the Secretary for relocation assistance or other remedial measures to obviate such danger. Authorizes appropriations. Amends the Rail Passenger Service Act to prescribe actions which Amtrak may take if a rail carrier or rail line owner breaches its contractual obligation to: (1) permit Amtrak to operate rail service on its line; or (2) maintain such line in suitable operating condition. Directs the Secretary to promulgate regulations for: (1) the safety of maintenance-of-way employees; and (2) the fencing of rail yards in heavily populated areas in order to prevent injury to non-railroad personnel. Authorizes the Secretary to enforce local railroad speed regulations.

(Measure passed Senate, amended, roll call #370 (93-0)) Railroad Safety Act of 1987 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1988 and 1989. Makes it unlawful for any person performing safety-sensitive functions to fail to comply with rules or regulations prescribed by the Secretary of Transportation (the Secretary). Increases from $2,500 to $10,000 the maximum civil penalty for violations of such rules or regulations. Authorizes the Secretary to: (1) assess a civil penalty against any person violating such rules or regulations; and (2) prohibit an individual from performing in a safety-sensitive task in the rail industry if the individual has been shown to be unfit for such task. Declares that an individual shall not be deemed to have committed a willful violation when such individual has acted pursuant to the direct order of a railroad official or supervisor. Requires the Secretary to promulgate regulations concerning the minimum qualifications of train operators. Directs the Secretary to consider the establishment of an engineer licensing program, uniform minimum qualifications standards, and a review program of each railroad's own qualification standards. Requires the Secretary to report to the Congress concerning operator qualification standards. Amends the National Driver Registration Act of 1982 to authorize individual access to the National Driver Register for purposes of railroad employment in safety-sensitive functions. Amends the Federal Railroad Safety Act of 1970 to provide for reasonable damages (including a maximum amount of punitive damages) for employees aggrieved by certain discriminatory practices other than discharge, suspension, or pay reduction. Provides for expediting any proceeding with respect to a dispute, grievance, or claim for discharge or discrimination. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to identify additional Northeast Corridor improvement projects. Amends the Federal Railroad Safety Act of 1970 to include within the term "railroad": (1) all forms of non-highway ground transportation running on rails or electromagnetic guideways (except for rapid transit operations within an urban area not connected to the general railroad system); (2) metropolitan or suburban rail passenger service (including commuter service operated by the Consolidated Rail Corporation); and (3) high speed ground transportation systems connecting metropolitan areas. Repeals certain railroad safety directives regarding track safety, oscillating lights, and safety areas. Confers jurisdiction upon Federal district courts to issue an order to certain individuals, partnerships, or corporations to immediately comply with an order or subpoena issued by the Secretary. Directs the Secretary to report to the Congress within six months after the date of enactment of this Act regarding the imposition of user fees to fund administrative costs of Federal railroad safety and noise control laws. Directs the Secretary to promulgate regulations requiring that: (1) whoever performs the required test of certain train apparatus prior to entering territory where such apparatus will be used shall certify in writing that such test was properly performed, and that such certification shall be stored in the same manner as the daily inspection report for the locomotive involved; and (2) automatic train controls shall be used on all trains operating in the Northeast Corridor by December 31, 1990. Requires the Secretary to report to the Congress on the implementation of such controls. Directs the Secretary to: (1) require the use of event recorders on freight trains within one year after the date of enactment of this Act; (2) establish a Northeast Corridor Safety Committee to consult with the Secretary regarding safety improvements in such Corridor; (3) convene a meeting of Northeast Corridor rail carriers regarding freight traffic reduction on such Corridor rail passenger lines; and (4) report to the Congress regarding the status of safety improvement efforts in such Corridor. Repeals the requirement that the Secretary submit to the President and the Congress a certain comprehensive railroad safety report. Makes conforming amendments to specified railroad safety Acts with regard to jurisdiction, venue, and civil penalties. Increases from $500 to $1,000 the maximum penalty for violations of the Hours of Service Act. Requires the Secretary to institute a rulemaking providing for the safety of highway travelers and pedestrians who use railroad grade crossings at points where trains operate through any densely populated college campus. Outlines proposed contents of such rulemaking. Amends the Rail Passenger Service Act with respect to the compensation of the president and other officers of the National Railroad Passenger Corporation (Amtrak). Prohibits disciplining or sanctioning any employee as a result of information discovered through access to the National Driver Register if an employee has successfully completed a rehabilitation program subsequent to the cancellation, revocation, or suspension of a motor vehicle operator's license. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary to promulgate regulations and standards regarding the protection of maintenance-of-way employees, including standards for certain bridge safety equipment, and requirements relating to boat usage. Makes conforming amendments to the Hours of Service Act. Directs the Secretary to amend the Code of Federal regulations to apply blue signals protection to on-track vehicles where rest is provided.

(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment, S. Rept. 100-153) Railroad Safety Act of 1987 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1988 and 1989. Makes it unlawful for any person performing safety-sensitive functions to fail to comply with rules or regulations prescribed by the Secretary of Transportation (the Secretary). Increases from $2,500 to $10,000 the maximum civil penalty for violations of such rules or regulations. Authorizes the Secretary to: (1) assess a civil penalty against any person violating such rules or regulations; and (2) prohibit an individual from performing in a safety-sensitive task in the rail industry if the individual has been shown to be unfit for such task. Requires the Secretary to promulgate regulations concerning the minimum qualifications of train operators. Directs the Secretary to consider the establishment of an engineer licensing program, uniform minimum qualifications standards, and a review program of each railroad's own qualification standards. Requires the Secretary to report to the Congress concerning operator qualifications and evaluations of anticipated rules and standards. Amends the National Driver Registration Act of 1982 to authorize individual access to the National Driver Register for purposes of railroad employment in safety-sensitive functions. Amends the Federal Railroad Safety Act of 1970 to provide for reasonable damages (including maximum punitive damages) for employees aggrieved by certain discriminatory practices other than discharge, suspension, or pay reduction. Provides for expediting any proceeding with respect to a dispute, grievance, or claim for discharge or discrimination. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to identify additional Northeast Corridor improvement projects. Amends the Federal Railroad Safety Act of 1970 to include within the term "railroad": (1) all forms of non-highway ground transportation running on rails or electromagnetic guideways (except for rapid transit operations within an urban area not connected to the general railroad system); (2) metropolitan or suburban rail passenger service (including commuter service operated by the Consolidated Rail Corporation); and (3) high speed ground transportation systems connecting metropolitan areas. Repeals certain railroad safety directives regarding track safety, oscillating lights, and safety areas. Confers jurisdiction upon Federal district courts to issue an order to certain individuals, partnerships or corporations to immediately comply with an order or subpoena issued by the Secretary. Directs the Secretary to report to the Congress within six months after the date of enactment of this Act regarding the imposition of user fees to fund administrative costs of Federal railroad safety and noise control laws. Repeals the requirement that the Secretary submit to the President and the Congress a certain comprehensive railroad safety report.

Railroad Safety Act of 1987 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1988 and 1989. Makes it unlawful for any person performing safety-sensitive functions to fail to comply with rules or regulations prescribed by the Secretary of Transportation (the Secretary). Increases from $2,500 to $10,000 the maximum civil penalty for violations of such rules or regulations. Authorizes the Secretary to: (1) assess a civil penalty against any person violating such rules or regulations; and (2) prohibit an individual from performing in a safety-sensitive task in the rail industry if the individual has been shown to be unfit for such task. Requires the Secretary to promulgate regulations concerning the minimum qualifications of train operators. Directs the Secretary to consider the establishment of an engineer licensing program, uniform minimum qualifications standards, and a review program of each railroad's own qualification standards. Requires the Secretary to report to the Congress concerning operator qualifications and evaluations of anticipated rules and standards. Requires the Secretary to report to the Congress concerning operator qualifications and evaluations of anticipated rules and standards. Authorizes individual access to the National Driver Register for purposes of railroad employment in safety-sensitive functions. Provides for reasonable damages (including a maximum amount of punitive damages) for employees aggrieved by certain discriminatory practices other than discharge, suspension, or pay reduction. Provides for expediting any proceeding with respect to a dispute, grievance, or claim for discharge or discrimination. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to identify additional Northeast Corridor improvement projects. Amends the Federal Railroad Safety Act of 1970 to include within the term "railroad": (1) all forms of non-highway ground transportation running on rails or electromagnetic guideways (except for rapid transit operations within an urban area not connected to the general railroad system); (2) metropolitan or suburban rail passenger service (including commuter service operated by the Consolidated Rail Corporation); and (3) high speed ground transportation systems connecting metropolitan areas. Repeals certain railroad safety directives regarding track safety, oscillating lights, and safety areas. Confers jurisdiction upon Federal district courts to issue an order to certain individuals, partnerships, or corporations to immediately comply with an order or subpoena issued by the Secretary. Directs the Secretary to report to the Congress within six months after the date of enactment of this Act regarding the imposition of user fees to fund administrative costs of Federal railroad safety and noise control laws. Repeals the requirement that the Secretary submit to the President and the Congress a certain comprehensive railroad safety report.