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Amendment #16

On page 5, beginning with line 22, strike the comma, insert a period in its place, and strike everything that follows through line 24.

Amendment #17

On page 6, line 1, strike "Penalties" and insert in lieu thereof "Civil Penalties". Amendment #18

On page 6, line 3, strike "Sec. 5" and insert in lieu thereof "this Act".

Amendment #19

On page 6, line 4, strike "$250" and insert in lieu thereof "$500".

Amendment #20

On page 6, beginning with line 4, strike everything after the period through line 11.

Amendment #21

On page 6, beginning with line 17, strike all through line 4 on page 7.

Amendment #22

On page 7, between lines 4 and 5, add the following:

"CRIMINAL PENALTIES

"Sec. 7. (a) Any person who willfully violates or fails or refuses to comply with any provision of this Act, or who advises, counsels or causes another to violate or fail or refuse to comply with any provision of this Act, shall be fined not more than $10,000 or imprisoned for not more than a year, or both.

"(b) Whoever assaults with force, resists, opposes, impedes, intimidates, or interferes with any person engaged in the performance of his official duties under this Act, or on account of the performance of such duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any other person engaged in the performance of his official duties under this Act, or on account of the performance of such duties, shall be punished as provided under sections 1111 and 1112 of Title 18, United States Code."

Amendment #23

On page 7, line 6, strike "7" and insert in lieu thereof "8". Amendment #24

On page 8, between lines 13 and 14, add the following:

"(e) Whenever the Secretary shall find that any rail facility used or intended to be used by any rail carrier in rail commerce is not in condition for safe operation he shall so notify the carrier, in such form and manner as he (the Secretary) may prescribe; thereafter, such rail facility shall not be used in rail commerce, or in such manner as to endanger rail transportation, unless found by the Secretary to be in condition for safe operation. After notice that the rail facility is not in condition for safe operation, or, thereafter, prior to the time that the Secretary finds the rail facility to be in condition for safe operation, any such use without authority shall be prima facie evidence of a willful violation."

Amendment #25

On page 8, between lines 13 and 14 add the following:

"LABOR DISPUTES

"Sec. 9. No act or omission of any employee or representative of any employee (as these terms are defined in this Act), involving or growing out of any labor dispute of a character or kind such as specified in Section 104 of Title 29, United States Code, shall be subject to the sanctions and remedies provided in Sections 5, 6, 7, and 8 of this Act."

Amendment #26

On page 8, line 15, strike "8" and insert in lieu thereof "10". Amendment #27

On page 9, line 9, strike "9" and insert in lieu thereof "11".

Amendment #28

On page 10, line 16, strike "10" and insert in lieu thereof "12".

Amendment #29

On page 11, between lines 2 and 3, insert the following:

"(c) Notwithstanding any other provision of law related to the hiring or appointment of employees in the competitive or non-competitive service, the Secretary is authorized and directed in the selection and hiring of personnel and the determination of the salary and grade for such appointments to give the practical railroad experience of persons considered for appointment at least equal weight with other factors such as technical and professional training, quality and extent of responsibility previously assumed, and prior salary levels." Amendment #30

On page 11, line 3, strike "(c)" and insert in lieu thereof "(d)”.

Amendment #31

On page 11, line 6, after the word "persons", add the following: "and designated representatives, as defined in this Act."

Amendment #32

On page 11, line 10, strike "d" and insert in lieu thereof "e". Amendment #33

On page 11, line 17, strike "11" and insert in lieu thereof "13". Amendment #34

On page 12, line 23, strike "12", and insert in lieu thereof "14". Amendment #35

On page 12, line 24, strike "appropriate State Agencies" and insert in lieu thereof "an appropriate State agency, as hereinafter defined."

Amendment #36

On page 13, line 5, strike "an officer of such State" and insert in lieu thereof: "appropriate State agency".

Amendment #37

On page 13, between lines 7 and 8, insert the following: "The appropriate State agency with which the Secretary may enter into agreements and to which the Secretary may delegate authority under this subsection shall be a single agency of the State primarily responsible for the coordination of the State programs having objectives similar to those under this Act."

Amendment #38

On page 13, line 9, strike "13" and insert in lieu thereof "15".

Amendment #39

On page 13, beginning with line 14, strike everything after the word "are" through line 16, and insert in lieu thereof the following: "hereby repealed; Provided:

"(1) That all orders, determinations, rules, regulations, standards, requirements, permits, and privileges which

"(i) have been issued, made, granted, or allowed to become effective under any of the statutes repealed by this Act, and

"(ii) are in effect at the date this Act takes effect, shall continue in effect as if they had been effectively issued under Section 3 of this Act according to their terms until specifically modified, terminated, superseded, set aside, or repealed by the Secretary in the interest of safety of the public and employees exercising the authority vested in him by this Act."

Amendment #40

On page 13, line 17, strike "(b) No", and insert in lieu thereof "(2) That no." Amendment #41

On page 13, between lines 19 and 20, add the following:

"(3) That, whoever, prior to the date of enactment of this Act violates any provision of law repealed by this section, shall be punished in accordance with the provisions of such laws as were in effect on the date such violation occurred. Whoever, on or after the date of enactments of this Act, violates any provision

of law repealed by this section, in which the orders, determinations, rules, regulations, standards, requirements, permits and privileges of such law continue in effect as if they had been effectively issued under section 3 of this Act, shall be punished in accordance with the provisions of this Act."

Amendment #42

On page 13, between lines 19 and 20, add the following:

"HEARINGS

"Sec. 16(a) In the exercise of the authority granted by this Act with respect to the adoption of rules, standards, and regulations, the issuance of orders, permits and privileges, the amount of any penalties to be agreed upon in compromise, or the granting of exemptions, the Secretary shall, except as otherwise provided, give all affected persons, employees, and any designated representatives, as defined in this Act, reasonable notice and opportunity for an agency hearing to present testimony and appear in person or by counsel.

"(b) If where a hearing is requested the Secretary shall find that it is in the public interest, he may prescribe an informal rather than a formal hearing procedure. Such proceeding may include written or oral presentations and the presiding officer in his discretion may permit rebuttal evidence and cross examination in person or by counsel.

"(c) The Secretary may, where proffered testimony is cumulative, limit the number of witnesses in any hearing under subsections (a) or (b) of this Section. "(d) Upon finding that immediate action is necessary for the safety of employees and the public, the Secretary may take the required action without the notice or other procedures required by subsection (a) or (b) of this section. Such action shall be subject to immediate judicial review. Nothing herein shall be construed to preclude actions for injunctive relief in appropriate cases.

"(e) Without delay, after the conclusion of the hearing under subsection (a) or (b) of this section, the presiding officer shall issue his decision which the Department shall serve upon the parties.

"APPEAL

"Sec. 17(a) Any person, employee, or designated representative, as defined in this Act, who was a party to, or intervened in, any hearing conducted under Sec. 16 may appeal the decision of the presiding officer by serving upon the Secretary and the other parties, within thirty days after being served with the decision, written exceptions and the reasons in support thereof which shall state specifically and concisely the manner in which (1) prejudicial error was committed in the conduct of the proceedings; (2) the findings or conclusions of material fact were contrary to the weight of the evidence; (3) the conclusions of law were erroneous; (4) the decision was contrary to law or to the duly promulgated rules or decisions of the agency; or (5) there was a novel question of policy involved. Except for good cause shown, no exceptions by any party shall rely on any fact or point of law upon which the presiding officer had not been afforded an opportunity to pass. The appeal shall be limited to the questions raised by the exceptions and there shall be no other questions considered on appeal except that, upon reasonable notice to all parties and with opportunity for oral or written argument thereon, the Secretary may raise and determine on such appeal any other questions of fact or law it deems material. The record for appeal shall include all matters constituting the record upon which the decision of the presiding officer was based unless limited by rule or order to material relevant to the questions raised by the exceptions and any other questions raised by the agency, and shall include any evidence taken on appeal.

"(b) Except where the Secretary merely affirms the decision of the presiding officer, there shall be a ruling upon each exception; the record shall show the ruling and the reason therefor; and the decision of the presiding officer shall be affirmed, set aside or modified to conform with such rulings.

"(c) The decision on appeal shall be the final action of the agency except where the decision is remanded.

"INTERVENTION

"Sec. 19. Any State, rail carrier, or any designated representative, as defined in this Act, shall have the unconditioned right upon application to intervene in all agency proceedings to present testimony and appear in person or by counsel.

"JUDICIAL REVIEW

"Sec. 20. (a) Any person, employee, or designated representative, as defined in this Act, who was a party to, or intervened in, any hearing conducted under section 16 at any time prior to the thirtieth day after the final decision file a petition for judicial review with the United States Court of Appeals for the District of Columbia Circuit or the circuit wherein such petitioner is located or has his principal place of business. A copy of the petition shall be forthwith transmitted by the Clerk of the court to the secretary or other officer designated by him for that purpose.

"(b) Upon the filing of the petition referred to in subsection (a), the Court shall have jurisdiction to review the agency action in accordance with Chapter 7 of Title 5 of the United States Code and to grant appropriate relief as provided in such chapter.

"(c) The judgment of the Court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in Section 1254 of Title 28 of the United States Code.

"(d) Any action instituted under this section shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.

"PUBLICATION OF COMPROMISE

"Sec. 21. Without affecting any other publication provided by law, notice of compromises reached under section 6(b) shall be published in the Federal Register, which notice shall, at least, include the amount agreed upon in compromise and the number of violations compromised describing with particularity each specific violation.

"EFFECT ON OTHER LAWS

"Sec. 22. To the extent that the foregoing provisions of this Act are in conflict with the provisions of any other Federal law, such provisions of this Act shall be construed and applied to supersede and modify the provisions of such law."

Amendment #43

On page 13, line 21, strike "14" and insert in lieu thereof "23". Amendment #44

On page 14, line 2, strike "15" and insert in lieu thereof "24".

COMPILATION OF FEDERAL RAILROAD SAFETY ACTS ADMINISTERED
BY DOT

TRANSPORTATION OF EXPLOSIVES ACT (18 U.S.C. 831-835)

§ 831. Definitions.

As used in this chapter

Unless otherwise indicated, "carrier" means any person engaged in the transportation of passengers or property, by land, other than pipelines, as a common contract, or private carrier, or freight forwarder as those terms are used in the Interstate Commerce Act, as amended, and officers, agents, and employees of such carriers.

"Person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

"For-hire carrier" includes common and contract carriers.

"Shipper" shall be construed to include officers, agents, and employees of shippers.

"Interstate and foreign commerce" means commerce between a point in one State and a point in another State, between points in the same State through another State or through a foreign country, between points in a foreign country or countries through the United States, and commerce between a point in the United States and a point in a foreign country or in a Territory or possession of the United States, but only insofar as such commerce takes place in the United States. The term "United States" means all the States and the District of Columbia.

"State" includes the District of Columbia.

"Detonating fuzes" means fuzes used in military service to detonate the explosive charges of military projectiles, mines, bombs, or torpedoes.

"Fuzes" means devices used in igniting the explosive charges of projectiles. "Fuses" means the slow-burning fuses used commercially to convey fire to an explosive combustible mass.

"Fusees" means the fusees ordinarily used on steamboats, railroads, and motor carriers as night signals.

"Radioactive materials" means any materials or combination of materials that spontaneously emit ionizing radiation.

"Etiologic agents" means the causative agent of such diseases as may from time to time be listed in regulations governing etiologic agents prescribed by the Interstate Commerce Commission under section 834 of this chapter. (As amended Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 808.)

§ 832. Transportation of explosives, radioactive materials, etiologic agents, and other dangerous articles.

(a) Any person who knowingly transports, carries, or conveys within the United States, any dangerous explosives, such as, and including, dynamite, blasting caps, detonating fuzes, black powder, gunpowder, or other like explosives, or any radioactive materials, or etiologic agents, on or in any passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier engaged in interstate or foreign commerce, by land, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the death or bodily injury of any person results from a violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both: Provided, however, That such explosives, radioactive materials, or etiologic agents may be transported on or in such car or vehicle whenever the Interstate Commerce Commission finds that an emergency requires an expedited movement, in which case such emergency movements shall be made subject to such regulations as the Commission may deem necessary or desirable in the public interest in each instance: Provided further, That under this section it shall be lawful to transport on or in any such car or vehicle, small quantities of explosives, radioactive materials, etiologic agents, or other dangerous commodities of the kinds, in such amounts, and under such conditions as may be determined by the Interstate Commerce Commission to involve no appreciable danger to persons or property: And provided further, That it shall be lawful to transport on or in any such car or vehicle such fusees, torpedoes, rockets, or other signal devices as may be essential to promote safety in the operation of any such car or vehicle on or in which transported. This section shall not prevent the transportation of military forces with their accompanying munitions of war on passenger-equipment cars or vehicles.

(b) No person shall knowingly transport, carry or convey within the United States liquid nitroglycerin, fulminate in bulk in dry condition, or other similarly dangerous explosives, or radioactive materials, or etiologic agents, on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce, by land, except under such rules and regulations as the Commission shall specifically prescribe with respect to the safe transportation of such commodities. The Commission shall from time to time determine and prescribe what explosives are "other similarly dangerous explosives", and may prescribe the route or routes over which such explosives, radioactive materials, or etiologic agents shall be transported. Any person who violates this provision, or any regulation prescribed hereunder by the Interstate Commerce Commission, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the death or bodily injury of any person results from a violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

(c) Any shipment of radioactive materials made by or under the direction or supervision of the Atomic Energy Commission or the Department of Defense which is escorted by personnel specially designated by or under the authority of the Atomic Energy Commission or the Department of Defense, as the case may be, for the purpose of national security, shall be exempt from the requirements of sections 831-835 of this chapter and the rules and regulations prescribed thereunder. In the case of any shipment of radioactive materials made by or under the direction or supervision of the Atomic Energy Commission or the Department of Defense, which is not so escorted by specially designated personnel, certification upon the bill of lading by or under the authority of the Atomic Energy Commission or the Department of Defense, as the case may be, that the shipment

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