Page:United States Statutes at Large Volume 106 Part 2.djvu/95

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PUBLIC LAW 102-365—SEPT. 3, 1992 106 STAT. 975 promising a civil penalty assessed under this section, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation conmiitted, and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior or subsequent offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. ". (7) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34; commonly referred to as the "Locomotive Inspection Act") is amended by adding at the end the following sentence: "In compromising a civil penalty assessed under this section, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed, and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior or subsequent offenses, ability to pay, effect on abilily to continue to do business, and such other matters as justice may require.". SEC. 5. REVIEW OF AGENCY ACTION. (a) IN GENERAL. —(1) Section 202(0 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(f)) is amended to read as follows: "(f) Any final agency action taken by the Secretary under this title or under any of the other Federal railroad safety laws, as defined in section 212(e) of this title, is subject to judicial review as provided in chapter 7 of title 5, United States Code. Except as provided in section 203(e) of this title, any proceeding to review such final agency action shall be brought in the appropriate court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code.". (2) The amendment made by subsection (a) shall apply to final 45 USC 431 note. agency actions of the Secretary whenever taken, except that the amendment shall not apply in a case where a civil action has been brought before the date of enactment of this Act. (b) FEDERAL RAILROAD SAFETY LAWS.— Section 212(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441(e)) is amended by inserting "the Sanitary Food Transportation Act of 1990 (49 U.S.C. App. 2801 note)," before "and those laws transferred". (c) TECHNICAL AMENDMENTS. —(1) Section 2341(3)(B) of title 28, United States Code, is amended by inserting "or the Secretary of Transportation" after "Secretary of Agriculture". (2) Section 2342 of title 28, United States Code, is amended— (A) by striking "and" at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting in lieu thereof"; and"; and (C) by adding at the end the following new paragraph: "(7) all final agency actions described in section 202(f) of the Federal Raihroad Safety Act of 1970.". SEC. 6. PROTECTION OF RAILROAD SAFETY ENFORCEMENT PERSON- NEL. Section 1114 of title 18, United States Code, is amended by inserting "any officer or employee of the Federal Railroad Administration assigned to perform investigative, inspection, or law enforcement functions," after "any employee of the Coast Guard assigned to perform investigative, inspection or law enforcement functions,".