
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20902]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                  CHAPTER 209--ACCIDENTS AND INCIDENTS
 
Sec. 20902. Investigations

    (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 subpena 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.

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

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20902(a)..............................  45:40 (1st sentence, 2d          May 6,
 1910, ch. 208, Sec.  3, 36 Stat.
                                         sentence words between 1st and   351; 
June 22, 1988, Pub. L. 100-342,
                                         2d commas).                      Sec. 
 15(3), 102 Stat. 634.
                                        49 App.:26(f) (words after last  Feb. 4
, 1887, ch. 104, 24 Stat. 379,
                                         semicolon).                      Sec. 
 25(f) (words after last
                                                                          semic
olon); added Feb. 28, 1920, ch.
                                                                          91, S
ec.  441, 41 Stat. 498; restated
                                                                          Aug. 
26, 1937, ch. 818, 50 Stat. 836;
                                                                          Sept.
 18, 1940, ch. 722, Sec.  14(b),
                                                                          54 St
at. 919.
                                        49 App.:1655(e)(1)(K).           Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          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.

                  Section Referred to in Other Sections

    This section is referred to in section 20903 of this title.
