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Rail Safety Improvement Act of 1988

Public Law 100-342 · S. 1539 · 100th Congress · began in the Senate

Signed by Ronald Reagan (R) on Jun 22, 1988 · Transportation and Public Works

Sponsor: Sen. James Exon (D-NE)

Cosponsors (5): Sen. Fritz Hollings,

Passage votes

  • HouseVoice vote
  • SenateVoice vote
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 29 actions.

  1. Jun 22, 1988Became lawBecame law · Became Public Law No: 100-342.
  2. Became lawBecame law · Signed by President.
  3. Jun 10, 1988PresidentPresident · Presented to President.
  4. Jun 9, 1988Resolving differencesResolving differences · Senate agreed to conference report by Voice Vote.
  5. Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
  6. May 24, 1988Resolving differencesResolving differences · Conference papers: message on House action held at the desk in Senate.
  7. May 23, 1988Resolving differencesResolving differences · House Agreed to Conference Report by Voice Vote.
  8. Resolving differencesResolving differences · Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.
  9. May 19, 1988Resolving differencesResolving differences · Conference papers: Senate report and managers' statement held at the desk in Senate.
  10. Resolving differencesResolving differences · Conference Report 100-637 Filed in House.
  11. Resolving differencesResolving differences · Conference report filed: Conference Report 100-637 Filed in House.
  12. Resolving differencesResolving differences · Conferees agreed to file conference report.
  13. Resolving differencesResolving differences · Conference committee actions: Conferees agreed to file conference report.
  14. Feb 25, 1988Resolving differencesResolving differences · Senate agreed to request for conference. Appointed conferees. Hollings; Exon; Adams; Danforth; Kasten.
  15. FloorFloor · Senate disagreed to the amendments of the House by Voice Vote.
  16. Feb 4, 1988FloorFloor · Message on House action received in Senate and held at desk: House amendments to Senate bill and House requests a conference.
  17. Feb 3, 1988Resolving differencesResolving differences · House Requested a Conference and Speaker Appointed Conferees: Dingell, Thomas Luken, Slattery, Lent, Whittaker.
  18. Resolving differencesResolving differences · House Insisted on its Amendments by Voice Vote.
  19. FloorFloor · Passed House (Amended) by Voice Vote.
  20. FloorFloor · Called up by House by Unanimous Consent.
  21. CommitteeCommittee · Discharged from House Energy and Commerce Committee
  22. Nov 30, 1987CommitteeCommittee · Referred to Transportation, Tourism, and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
  23. Nov 16, 1987CommitteeCommittee · Referred to House Energy and Commerce Committee
  24. Nov 5, 1987FloorFloor · Passed Senate with amendments by Yea-Nay Vote. 93-0. Record Vote No: 370.Senate roll call 370
  25. FloorFloor · Measure laid before Senate by unanimous consent.
  26. Sep 1, 1987CommitteeCommittee · Reported by Senate Commerce, Science, and Transportation Committee
  27. Jul 28, 1987CommitteeCommittee · Markup by Senate Commerce, Science, and Transportation Committee
  28. Jul 23, 1987CommitteeCommittee · Referred to Senate Commerce, Science, and Transportation Committee
  29. IntroducedIntroduced · Introduced in the Senate
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.