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Rail Safety Enforcement and Review Act

Public Law 102-365 · H.R. 2607 · 102nd Congress · began in the House

Signed by George H. W. Bush (R) on Sep 3, 1992 · Transportation and Public Works

Sponsor: Rep. Allan Swift (D-WA-2)

Cosponsors (2): Rep. James Slattery,

Passage votes

  • HouseUnanimous consent
  • 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 Enforcement and Review Act - Amends the Federal Railroad Safety Act of 1970 to require the Secretary of Transportation (Secretary) to issue regulations for the safety of maintenance-of-way employees on railroad bridges (currently, maintenance-of-way employees generally). Requires the Secretary to provide for the use of boats when work is performed on bridges located over bodies of water.

Directs the Secretary to issue regulations to require that any railroad notified that assessment of a civil penalty will be recommended for failure to comply with the Federal railroad safety laws and regulations report to the Secretary within 30 days after the end of the month in which such notification is received on action taken to remedy such failure (or an explanation for any delay in remedial action).

Amends specified Federal laws to increase the minimum and maximum civil penalties against any railroad, including its employees, that violates a railroad safety regulation.

Directs the Secretary to establish a pilot program to demonstrate the benefits that may accrue to the Federal railroad safety program from assigning an attorney employed by the Department of Transportation (DOT) to regional offices of the Federal Railroad Administration (FRA) to perform initial case review, assess penalties, settle cases, and provide legal advice to FRA regional personnel on enforcement as compared to performing such functions at the headquarters level. Requires a report to the Congress on the results of such pilot program.

Amends the Federal Railroad Safety Act of 1970 and other Federal railroad law to require the Secretary to take into account the nature and gravity of violations committed under this Act, and with respect to the violator, the degree of culpability, any history of prior or subsequent offenses, ability to pay, and effect on ability to continue to do business whenever the Secretary considers compromising an assessed civil penalty for such violations.

Requires actions to review final agency actions with respect to railroad safety to be brought in a United States court of appeals.

Amends Federal law to provide criminal penalties for the murder or attempted murder or manslaugther of any FRA employee assigned to perform investigative, inspection, or law enforcement functions.

Amends the Federal Railroad Safety Act of 1970 to direct the Secretary to review DOT rules on railroad power brakes and standards on track safety, and to revise them on the basis of safety data presented during the reviews. Requires the Secretary to promulgate rules requiring two-way end of train devices (or devices able to perform the same function) on road trains other than locals, road switchers, or work trains to enable the initiation of emergency braking from the rear of the train. Requires the General Accounting Office to study the effectiveness of the Secretary's enforcement of such track safety standards.

Applies certain civil penalties to the following persons for violations of such rules and regulations and other Federal railroad safety laws: (1) any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities (including their employees); or (2) any contractor (including employees) providing goods or services to a railroad. Requires the Secretary to consider prescribing regulations to improve the safety and working conditions of locomotive cabs.

Directs the Secretary to report to the Congress on an assessment of the safety of DOT's railroad radio communications standards and procedures.

Authorizes appropriations for railroad safety activities.

Requires the Secretary to include in each safety assessment report conducted, between the date of enactment of this Act and the end of FY 1993, an evaluation of the use and effectiveness of total quality management techniques.

Amends the Department of Transportation Act to increase and extend the authorization of appropriations for local rail freight assistance programs.

Directs the Secretary, in establishing or modifying a monetary damage threshold for the reporting of railroad accidents, to base damage cost calculations only on publicly available data from: (1) the Bureau of Labor Statistics; or (2) other Federal agencies if such date meet certain data collection standards or which have subjected such data to a public notice and comment process.

Directs the Secretary to report to specified congressional committees on issues presented by the transportation by rail of hazardous materials.

Requires the Secretary to transmit to specified congressional committees a report concerning any action taken by the Secretary and railroad industry to rectify problems associated with unsatisfactory work place environments in certain train dispatching offices identified in the National Train Dispatcher Safety Assessment for 1987-1988, published by the Federal Railroad Administration in July 1990.

Amends the Rail Safety Improvement Act of 1988 to require the Northeast Corridor Safety Committee to meet at least onece every two years to consider safety matters on the main line of the Northeast Corridor.

Amends Federal bankruptcy law to cite circumstances under which a bankruptcy trustee must surrender to an airport operator the use and possession of airport facilities as they pertain to a debtor air carrier's unexpired lease with respect to such use. Prohibits the trustee from assigning such leases if a termination event has occurred.

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. 26 actions.

  1. Sep 3, 1992Became lawBecame law · Became Public Law No: 102-365.
  2. Became lawBecame law · Signed by President.
  3. Aug 24, 1992PresidentPresident · Presented to President.
  4. Aug 12, 1992Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House agree to the Senate amendment to the House amendments to the Senate amendment Agreed to without objection.
  6. Resolving differencesResolving differences · Mr. Swift asked unanimous consent that the House agree to the Senate amendment to the House amendments to the Senate amendment.
  7. Resolving differencesResolving differences · Senate concurred in the House amendments to the Senate amendment with an amendment (SP 2937) by Voice Vote.
  8. FloorFloor · Amendment SP 2937 agreed to in Senate by Voice Vote.
  9. FloorFloor · Measure laid before Senate by unanimous consent.
  10. Jul 21, 1992FloorFloor · House agreed to Senate amendment with amendments pursuant to H. Res. 516
  11. Mar 18, 1992FloorFloor · Passed Senate in lieu of S. 1571 with an amendment by Voice Vote.
  12. FloorFloor · Measure laid before Senate by unanimous consent.
  13. CommitteeCommittee · Discharged from Senate Commerce, Science, and Transportation Committee
  14. Sep 24, 1991CommitteeCommittee · Referred to Senate Commerce, Science, and Transportation Committee
  15. Sep 23, 1991FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  16. FloorFloor · The title of the measure was amended. Agreed to without objection.
  17. FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  18. FloorFloor · Mr. Swift moved to suspend the rules and pass the bill, as amended.
  19. Sep 16, 1991CommitteeCommittee · Reported by House Energy and Commerce Committee
  20. Jul 30, 1991CommitteeCommittee · Markup by House Energy and Commerce Committee
  21. Jul 11, 1991CommitteeCommittee · Reported by Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
  22. CommitteeCommittee · Markup by Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
  23. Jun 24, 1991CommitteeCommittee · Hearings by Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
  24. CommitteeCommittee · Referred to Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
  25. Jun 11, 1991CommitteeCommittee · Referred to House Energy and Commerce Committee
  26. IntroducedIntroduced · Introduced in the House
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.