---
kind: "section"
citation: "49 U.S.C. § 20120"
title: "49"
title_heading: "Transportation"
number: "20120"
heading: "Enforcement report"
release: "119-102"
url: "https://uscodex.org/usc/49/20120"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter I — General"
---

# §20120. Enforcement report

- (a) **[^1] In General.—** Beginning not later than December 31, 2009, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) 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](/usc/49/5102.md?p=2) compliance inspections and audits that Federal or [State](/usc/49/31132.md?p=8) 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](/usc/49/5102.md?p=2);
  - (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](/usc/49/5102.md?p=2) [transportation](/usc/49/13907.md?p=e-2) 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[^2] the information required by paragraphs [(2)](#a-2) and [(3)](#a-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](/usc/49/5102.md?p=2) 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.

## Footnotes

[^1]: So in original. No subsec. (b) has been enacted.
[^2]: So in original. Probably should be “provides”.

## Source credit

(Added Pub. L. 110–432, div. A, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4878; amended Pub. L. 114–94, div. A, title XI, § 11316(d), Dec. 4, 2015, 129 Stat. 1676.)

## Notes

### Editorial Notes

### Amendments

2015—Subsec. (a). Pub. L. 114–94, § 11316(d)(1), substituted “Web site” for “website” in introductory provisions.

Subsec. (a)(1). Pub. L. 114–94, § 11316(d)(2), substituted “accident and incident reporting” for “accident and incidence reporting”.

Subsec. (a)(2)(G). Pub. L. 114–94, § 11316(d)(3), inserted “and” at end.

Subsec. (a)(5)(B). Pub. L. 114–94, § 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 Amendment

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.