Title 49, TransportationRelease 119-110

§20119 Study on Use of Certain Reports and Surveys

Title 49 › SUBTITLE V — RAIL PROGRAMS › PART A — SAFETY › CHAPTER 201 — GENERAL › SUBCHAPTER I — GENERAL › § 20119

Last updated Sep 22, 2026|Official source

Summary

Requires the Federal Railroad Administration to study whether it would be in the public interest — including public safety and the legal rights of people hurt or killed — to keep out of federal or state injury and wrongful-death lawsuits any reports, surveys, lists, schedules, or data made for required railroad safety risk reduction programs, such as a carrier’s risk analysis and its plans to fix risks. The study must get input from railroads, employee groups, accident victims and families, and the public. After the study, the Secretary may write a rule based on the results, using notice-and-comment. Any rule cannot take effect until 1 year after it is adopted.

Full Legal Text

Title 49, §20119

Transportation, Source: USLM XML via OLRC

(a)Study.—
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)Authority.—
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 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110