§ 22702. Authority

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. 2008

   Pub. L. 110–432 div. B title III § 303(a) · 122 Stat. 4848

   Enacted · 49 U.S.C. § 22702

   Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948

   Source evidence

   Code source credit
   Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948

   Enacted provision · exact public law section
   (a) In General.— Subchapter I of chapter 201, as amended by section 109 of this division, is amended by adding at the end the following: “§ 20120. Enforcement report “(a) In General.— Beginning Effective date. Public information. Web site. not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public website an annual report that— “(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials; “(2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including— “(A) the number of civil penalties assessed; “(B) the initial amount of civil penalties assessed; “(C) the number of civil penalty cases settled; “(D) the final amount of civil penalties assessed; “(E) the difference between the initial and final amounts of civil penalties assessed; “(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals; “(G) the number of cases referred to the Attorney General for civil or criminal prosecution; “(H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements; “(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety; “(4) provide the information required by paragraphs (2) and (3)— “(A) for each Class I railroad individually; and “(B) in the aggregate for— “(i) Class II railroads; “(ii) Class III railroads; “(iii) hazardous materials shippers; and “(iv) individuals; “(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by— “(A) the Locomotive Engineer Review Board; “(B) an Administrative Hearing Officer or Administrative Law Judge; or “(C) the Administrator of the Federal Railroad Administration; “(6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and “(7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.” .

2. 2015

   Passenger Rail Reform and Investment Act of 2015

   Pub. L. 114–94 div. A title XI § 11315(a)(1) · 129 Stat. 1312

   Substituted · 49 U.S.C. § 22702(b)(4)

   Pub. L. 114–94 substituted “4 years for acceptance by the Secretary” for “5 years for reapproval by the Secretary”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 114–94 substituted “4 years for acceptance by the Secretary” for “5 years for reapproval by the Secretary”.

   Enacted provision · exact public law section
   (1) Authority.— Section 22702(b)(4) of title 49, United States Code, is amended by striking “5 years for reapproval by the Secretary” and inserting “4 years for acceptance by the Secretary”.

   Effective date note
   Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

2 of 2 references resolved to an enrolled provision