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Title 49 — Transportation

Part A · Chapter 209 — Accidents and Incidents

§ 20902. Investigations

Statutory text

(a)

General Authority.—

The Secretary of Transportation, or an impartial investigator authorized by the Secretary, may investigate—

(1)

an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and

(2)

an accident or incident reported under section 20505 of this title.

(b)

Other Duties and Powers.—

In carrying out an investigation, the Secretary or authorized investigator may subpoena witnesses, require the production of records, exhibits, and other evidence, administer oaths, and take testimony. If the accident or incident is investigated by a commission of the State in which it occurred, the Secretary, if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The railroad carrier on whose railroad line the accident or incident occurred shall provide reasonable facilities to the Secretary for the investigation.

(c)

Reports.—

When in the public interest, the Secretary shall make a report of the investigation, stating the cause of the accident or incident and making recommendations the Secretary considers appropriate. The Secretary shall publish the report in a way the Secretary considers appropriate.

(d)

Gathering Information and Technical Expertise.—

(1)

In general.—

The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for—

(A)

gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and

(B)

consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation.

(2)

Confidentiality.—

In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if—

(A)

such entity requests confidentiality;

(B)

such entity was not involved in the accident or incident; and

(C)

maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration.

(3)

Applicability.—

This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 20902

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Passenger Rail Expansion and Rail Safety Act of 2021

    Pub. L. 117–58 § 22417(1) · 135 Stat. 429

    Substituted · 49 U.S.C. § 20902(b)

    Pub. L. 117–58, § 22417(1), substituted “subpoena” for “subpena”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–58, § 22417(1), substituted “subpoena” for “subpena”.

    Enacted provision · exact public law section
    (1) in subsection (b) by striking “subpena” and inserting “subpoena”; and

  3. Passenger Rail Expansion and Rail Safety Act of 2021

    Pub. L. 117–58 § 22417(2) · 135 Stat. 429

    Added · 49 U.S.C. § 20902(d)

    Pub. L. 117–58, § 22417(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–58, § 22417(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(d) Gathering Information and Technical Expertise.— “(1) In general.— The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for— “(A) gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and “(B) consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation. “(2) Confidentiality.— In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if— “(A) such entity requests confidentiality; “(B) such entity was not involved in the accident or incident; and “(C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration. “(3) Applicability.— This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.” .

3 of 3 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
20902(a)45:40 (1st sentence, 2d sentence words between 1st and 2d commas).May 6, 1910, ch. 208, § 3, 36 Stat. 351; June 22, 1988, Pub. L. 100–342, § 15(3), 102 Stat. 634.
 49 App.:26(f) (words after last semicolon).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(f) (words after last semicolon); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919.
 49 App.:1655(e)(1)(K).Oct. 15, 1966, Pub. L. 89–670, § 6(e)(1)(K), 80 Stat. 939.
20902(b)45:40 (2d sentence less words between 1st and 2d commas).
20902(c)45:40 (3d, last sentences).

In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part.

Subsection (a)(2) is substituted for the text of 49 App.:26(f) (words after last semicolon) for clarity.

In subsection (b), the words “In carrying out an investigation” are substituted for “shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose” to eliminate unnecessary words. The words “books, papers, orders, memoranda” are omitted as being included in “papers”. The words “in coordination with” are substituted for “in connection with” for clarity. The words “The railroad carrier on whose railroad line the accident or incident occurred” are added for clarity.

In subsection (c), the words “When in the public interest” are substituted for “when he deems it to the public interest” to eliminate unnecessary words.

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–58, § 22417(1), substituted “subpoena” for “subpena”.

Subsec. (d). Pub. L. 117–58, § 22417(2), added subsec. (d).

Credits

1994–2021 · 2 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 887
  2. 2021Pub. L. 117–58, div. B, title II, § 22417, , 135 Stat. 748.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 887; Pub. L. 117–58, div. B, title II, § 22417, , 135 Stat. 748.)

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