Increased penalties for violations of rail safety regulations

(a) Railroad safety violations Section 21301(a) of title 49, United States Code, is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) A person may not fail to comply with a requirement of, a regulation prescribed under, or an order issued by, the Secretary under chapters 201 through 211. Subject to section 21304, a person violating a requirement of, a regulation prescribed under, or an order issued by, the Secretary under chapters 201 through 211 is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation constitutes a violation of this paragraph. A separate violation occurs for each day such violation continues. (2) The Secretary shall include in, or make applicable to, each requirement of, regulation prescribed under, and order issued under chapters 201 through 211 a civil penalty for a violation of such requirement, regulation, or order in an amount equal to— (A) at least $5,000 and not more than $1,000,000; or (B) if the person committing such violation is a small business concern (as such term is used in part 121 of title 13, Code of Federal Regulations (or a successor regulation)), including a Class III railroad, at least $1,000 and not more than $200,000.; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (3) by inserting after paragraph (2) the following: (3) If a violation described in paragraph (1) results in death, serious illness, or severe injury to any person, causes an imminent hazard of death or injury, or results in the substantial destruction of property, the Secretary may increase the civil penalty required under paragraph (2) to— (A) a maximum of $5,000,000; or (B) if the person committing such violation is a small business concern (as such term is used in part 121 of title 13, Code of Federal Regulations (or a successor regulation)), a maximum of $500,000. (4) The Secretary may double the civil penalty otherwise required under paragraph (2) or (3) if the violation follows a pattern of repeated violations or otherwise reflects a deliberate indifference or conscious disregard to the consequences of the conduct.; and (4) in paragraph (6), as redesignated, by adding at the end the following: Such civil action may be brought in the judicial district in which the violation occurred or in which the defendant has its principal executive office. If the civil action is against an individual, the action may also be brought in the judicial district in which such individual resides.. (b) Hours of service violations Section 21301 of title 49, United States Code, is amended by adding at the end the following: (d) Additional provisions related to violations of chapter 211 (1) In any proceeding involving a violation of chapter 211, or a violation of a regulation or order issued pursuant to such chapter, a railroad carrier is deemed to have knowledge of the acts of its officers and agents. (2) A civil action involving a violation of chapter 211, or a violation of a regulation or order issued pursuant to such chapter, shall be brought in an appropriate district court of the United States not later than 2 years after the date of such violation unless administrative notification under section 3711 of title 31 is given within such 2-year period to the person committing the violation. If such notification is given, the action shall be brought not later than the last day of the 5-year period specified in section 2462 of title 28. (3) A separate violation of section 21106 occurs for each day employee sleeping quarters are not in compliance with the requirements under such section.. (c) Updates of penalties for inflation Notwithstanding any other provision of law, including the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), the inflation adjustment— (1) for minimum penalty amounts amended by this section, and any discretionary inflation adjustment of guideline penalty amounts by the Secretary, shall be rounded to the nearest multiple of $100; and (2) for maximum penalty amounts amended by this section, shall be rounded to the nearest multiple of $1,000. (d) Repeal (1) In general Chapter 213 of title 49, United States Code, is amended by striking sections 21302 and 21303. (2) Clerical amendment The analysis for chapter 213 of title 49, United States Code, is amended by striking the items relating to sections 21302 and 21303.