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LegalText 49 U.S.C. § 20120 Enforcement report us united_states_code code_section 49 TRANSPORTATION 201 GENERAL 20120 49 U.S.C. § 20120 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s20120 data/legal/raw/us/code/title-49/usc49.xml fa17d3eb6f616a6c24e600fdf618c947d2837be6b3a8683f0f822104886d947b 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 586081a6de9f73912aac9aedeb7b73927a9f45e17a36f10caec9d9d70a95c3b3 2026-07-04 official
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49 U.S.C. § 20120 - Enforcement report

Text

(a) 11 So in original. No subsec. (b) has been enacted. In General.— Beginning not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public Web site 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 incident 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; and

(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 22 So in original. Probably should be “provides”. 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 Secretarys or the Federal Railroad Administrations 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.

(Added Pub. L. 110432, div. A, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4878; amended Pub. L. 11494, div. A, title XI, § 11316(d), Dec. 4, 2015, 129 Stat. 1676.)

Notes

Editorial Notes

Amendments2015—Subsec. (a). Pub. L. 11494, § 11316(d)(1), substituted “Web site” for “website” in introductory provisions. Subsec. (a)(1). Pub. L. 11494, § 11316(d)(2), substituted “accident and incident reporting” for “accident and incidence reporting”. Subsec. (a)(2)(G). Pub. L. 11494, § 11316(d)(3), inserted “and” at end. Subsec. (a)(5)(B). Pub. L. 11494, § 11316(d)(4), substituted “administrative hearing officer or administrative law judge” for “Administrative Hearing Officer or Administrative Law Judge”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.