State Rail Safety Program Enhancement Act of 1990 - Amends the Federal Railroad Safety Act of 1970 to require the Secretary of Transportation to issue regulations to establish a program for the training and certification of State and Federal rail safety inspectors. Grants States concurrent jurisdiction with the Secretary with respect to investigative and surveillance activities in connection with railroad safety within the State.
HR 4074 IH 101st CONGRESS 2d Session H. R. 4074 To improve the effectiveness of Federal railroad safety regulation by providing limited direct enforcement authority to certified State agencies. IN THE HOUSE OF REPRESENTATIVES February 22, 1990 Mr. CLEMENT (for himself, Mr. COOPER, and Mr. NIELSON of Utah) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve the effectiveness of Federal railroad safety regulation by providing limited direct enforcement authority to certified State agencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `State Rail Safety Program Enhancement Act of 1990'. SEC. 2. TRAINING AND CERTIFICATION OF STATE INSPECTORS. Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end the following new subsection: `(r)(1) The Secretary shall, within 6 months after the date of the enactment of this subsection, issue such rules, regulations, orders, and standards as may be necessary to establish a program for the training and certification of State and Federal rail safety inspectors. Such program shall-- `(A) provide for a training and certification period of not more than 2 years; `(B) authorize inspectors who have completed training and certification procedures established under this subsection to administer such training and certification procedures for others; and `(C) include criteria under which the Secretary shall approve curricula, training programs, and standard examinations, applicable equally to Federal and State inspectors, for the certification of each type of inspector under this subsection. In issuing such rules, regulations, orders, or standards, the Secretary shall convene at least one public hearing to receive oral testimony from interested parties. `(2) Inspectors certified by the Secretary before the establishment of a training and certification program under paragraph (1) shall not be required to be recertified under such program. `(3) For purposes of this title, the term-- `(A) `inspector' means a person authorized to perform investigative, surveillance, or inspection activities under this Act; and `(B) `type of inspector' means inspectors of track, equipment, operations, or signals.'. SEC. 3. CONCURRENT JURISDICTION OF STATE. Section 206 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 435) is amended-- (1) in subsection (a)-- (A) by striking `may participate in carrying out investigative and surveillance' and inserting in lieu thereof `shall have concurrent jurisdiction with the Secretary with respect to investigative, surveillance, and inspection'; (B) by inserting before the semicolon at the end of paragraph (1) the following: `, and has authority under State law to itself, or through other State officials, exercise the powers and responsibilities of the Secretary and the Attorney General under sections 209 and 210 of this title'; (C) by striking `has been furnished a copy of each Federal safety rule, regulation, order, and standard,' in paragraph (2) and inserting in lieu thereof `will enforce all Federal safety rules, regulations, orders, and standards'; (D) by striking `and surveillance' in paragraph (3) and inserting in lieu thereof `, surveillance, and inspection'; (E) by striking the period at the end of paragraph (3) and inserting in lieu thereof `; and'; (F) by inserting after paragraph (3) the following new paragraph: `(4) is conducting the activities described in paragraph (3) through inspectors certified by the Secretary.'; (G) by striking `shall retain the exclusive authority to' and inserting in lieu thereof `may'; (H) by striking `(except as otherwise provided by section 207 of this title)'; and (I) by adding at the end the following new sentences: `Concurrent jurisdiction may be obtained by a State under this subsection with respect to activities subject to inspection by one or more types of inspector (as such term is defined in section 202(r)(3)(B)). For purposes of this title, if a State obtains such concurrent jurisdiction, the State shall have all the powers and responsibilities of the Secretary and the Attorney General under this title with respect to the enforcement of rules, regulations, orders, and standards subject to such jurisdiction, and may assess, compromise, and retain for railroad safety purposes any fine or penalty for violations occurring wholly within the boundaries of such State and cited by a State inspector certified under the program established under section 202(r)(1).'; (2) in subsection (b), by striking `complying with the' and all that follows through `orders, and standards,' and inserting in lieu thereof `performing the functions it is authorized to perform under this title,'; (3) in subsection (d)-- (A) by striking `submitted a certification under subsection (a) of this section, or'; and (B) by striking `certification or'; and (4) in subsection (e), by striking `investigative and surveillance practices' and inserting in lieu thereof `inspectors'. SEC. 4. CONFORMING AMENDMENTS. (a) Section 207 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 436) is repealed. (b) Section 209(c) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(c)) is amended by striking `, including penalties collected pursuant to section 207 of this title,' and inserting in lieu thereof `by the Secretary'. (c) Section 210 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 439) is amended-- (1) in subsection (a) by striking `application by a State agency pursuant to section 207' and inserting in lieu thereof `petition by a State agency obtaining concurrent jurisdiction under section 206(a)'; (2) in subsection (b) by striking `or under section 207 of this title'; and (3) in subsection (c) by striking `Subject to section 207(d) of this title, any' and inserting in lieu thereof `Any'.
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Transportation and Hazardous Materials.
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