Title 49TransportationRelease 119-73

§20119 Study on use of certain reports and surveys

Title 49 › Subtitle SUBTITLE V— - RAIL PROGRAMS › Part PART A— - SAFETY › Chapter CHAPTER 201— - GENERAL › Subchapter SUBCHAPTER I— - GENERAL › § 20119

Last updated Apr 6, 2026|Official source

Summary

Require the Federal Railroad Administration to do a study to decide if it is in the public interest to keep certain safety reports and data out of federal or state injury or wrongful-death lawsuits against a railroad. The study must look at public safety and the legal rights of people hurt in railroad accidents. It covers reports, surveys, schedules, lists, or data used to evaluate, plan, or run a railroad safety risk reduction program, including a carrier’s risk analysis and its plans to reduce those risks. The agency must ask railroads, railroad non-profit employee labor groups, accident victims and their families, and the public for input. After the study, the Secretary may make a rule based on the results if it is in the public interest. Any such rule must go through notice-and-comment and cannot take effect until 1 year after it is adopted.

Full Legal Text

Title 49, §20119

Transportation — Source: USLM XML via OLRC

(a)The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. In conducting this study, the Secretary shall solicit input from the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.
(b)Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.

Reference

Citations & Metadata

Citation

49 U.S.C. § 20119

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73