dreamproit/uscode huggingface dataset:
49 U.S.C. § 20902 (TRANSPORTATION)
§ 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, § 1(e), July 5, 1994, 108 Stat. 887.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20902(a)
45:40 (1st sentence, 2d sentence words between 1st and 2d commas).
May 6, 1910, ch. 208, § 3, 36 Stat. 351; June 22, 1988, Pub. L. 100–342, § 15(3), 102 Stat. 634.
49 App.:26(f) (words after last semicolon).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(f) (words after last semicolon); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919.
49 App.:1655(e)(1)(K).
Oct. 15, 1966, Pub. L. 89–670, § 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.
49 U.S.C. § 20903 (TRANSPORTATION)
§ 20903. Reports not evidence in civil actions for damages
No part of an accident or incident report filed by a railroad carrier under section 20901 of this title or made by the Secretary of Transportation under section 20902 of this title may be used in a civil action for damages resulting from a matter mentioned in the report.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20903
45:41.
May 6, 1910, ch. 208, § 4, 36 Stat. 351.
The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code.
49 U.S.C. § 21107 (TRANSPORTATION)
§ 21107. Maximum duty hours and subjects of collective bargaining
The number of hours established by this chapter that an employee may be required or allowed to be on duty is the maximum number of hours consistent with safety. Shorter hours of service and time on duty of an employee are proper subjects for collective bargaining between a railroad carrier and its employees.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 891.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
21107
45:63a(d) (related to 45:64).
Mar. 4, 1907, ch. 2939, 34 Stat. 1415, § 3A(d) (related to § 4); added July 8, 1976, Pub. L. 94–348, § 4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, § 16(4), 102 Stat. 635.
45:64.
Mar. 4, 1907, ch. 2939, § 4, 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, § 1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, § 16(5), 102 Stat. 635.
49 U.S.C. § 21304 (TRANSPORTATION)
§ 21304. Willfulness requirement for penalties against individuals
A civil penalty under this subchapter may be imposed against an individual only for a willful violation. An individual is deemed not to have committed a willful violation if the individual was following the direct order of a railroad carrier official or supervisor under protest communicated to the official or supervisor. The individual is entitled to document the protest.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 893.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
21304
45:6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence).
Mar. 2, 1893, ch. 196, § 6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence), 27 Stat. 532; restated June 22, 1988, Pub. L. 100–342, § 13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102–365, § 9(a)(3), 106 Stat. 977.
45:13 (1st sentence words after last comma, 3d, 4th sentences).
Apr. 14, 1910, ch. 160, § 4 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 299; June 22, 1988, Pub. L. 100–342, § 13(3)(C)(iii), (v), 102 Stat. 632.
45:34 (1st sentence words after last comma, 3d, 4th sentences).
Feb. 17, 1911, ch. 103, § 9 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 916; June 22, 1988, Pub. L. 100–342, § 14(7), 102 Stat. 633.
45:43 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence).
May 6, 1910, ch. 208, § 7 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence), 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, § 3, 74 Stat. 904; restated June 22, 1988, Pub. L. 100–342, § 15(4), 102 Stat. 634.
45:64a(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence).
Mar. 4, 1907, ch. 2939, § 5(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence), 34 Stat. 1417; restated June 22, 1988, Pub. L. 100–342, § 16(6)(A), 102 Stat. 635.
45:438(c) (2d, 9th, last sentences).
Oct. 16, 1970, Pub. L. 91–458, § 209(c) (2d, 8th, last sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, § 3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, § 4(c)(1), 106 Stat. 974.
49 App.:26(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence).
Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence); added Feb. 28, 1920, ch. 91, § 441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, § 17(7), 102 Stat. 636.
The word “official” is added the 2d time it appears for consistency in this section.
49 U.S.C. § 21311 (TRANSPORTATION)
§ 21311. Records and reports
(a) Records and Reports Under Chapter 201.—
A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person knowingly and willfully—
(1) makes a false entry in a record or report required to be made or preserved under chapter 201 of this title;
(2) destroys, mutilates, changes, or by another means falsifies such a record or report;
(3) does not enter required specified facts and transactions in such a record or report;
(4) makes or preserves such a record or report in violation of a regulation prescribed or order issued under chapter 201 of this title; or
(5) files a false record or report with the Secretary of Transportation.
(b) Accident and Incident Reports.—
A railroad carrier not filing a report in violation of section 20901 of this title shall be fined not more than $2,500. A separate violation occurs for each day the violation continues.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 893; Pub. L. 110–432, div. A, title III, § 310, Oct. 16, 2008, 122 Stat. 4882.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
21311(a)
45:438(e).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 209(e); added Oct. 10, 1980, Pub. L. 96–423, § 7, 94 Stat. 1814.
21311(b)
45:39 (related to fine).
May 6, 1910, ch. 208, § 2 (related to fine), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, § 204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, § 15(2), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, § 4(a)(3), 106 Stat. 973.
In subsection (a), before clause (1), the words “fined under title 18” are substituted for “fined not more than $5,000” for consistency with title 18. In clause (1), the word “prepared” is omitted as surplus. In clause (4), the word “prepares” is omitted as surplus.
In subsection (b), the words “shall be deemed guilty of a misdemeanor” are omitted for consistency with title 18. The words “upon conviction thereof by a court of competent jurisdiction” and “punished by a” are omitted as surplus.
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–432 amended subsec. (b) generally. Prior to amendment, text read as follows: “A railroad carrier not filing the report required by section 20901 of this title shall be fined not more than $500 for each violation and not more than $500 for each day during which the report is overdue.”
49 U.S.C. § 22102 (TRANSPORTATION)
§ 22102. Eligibility
A State is eligible to receive financial assistance under this chapter only when the State complies with regulations the Secretary of Transportation prescribes under this chapter and the Secretary decides that—
(1) the State has an adequate plan for rail transportation in the State and a suitable process for updating, revising, and modifying the plan;
(2) the State plan is administered or coordinated by a designated State authority and provides for a fair distribution of resources;
(3) the State authority—
(A) is authorized to develop, promote, supervise, and support safe, adequate, and efficient rail transportation;
(B) employs or will employ sufficient qualified and trained personnel;
(C) maintains or will maintain adequate programs of investigation, research, promotion, and development with opportunity for public participation; and
(D) is designated and directed to take all practicable steps (by itself or with other State authorities) to improve rail transportation safety and reduce energy use and pollution related to transportation; and
(4) the State has ensured that it maintains or will maintain adequate procedures for financial control, accounting, and performance evaluation for the proper use of assistance provided by the United States Government.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 895.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
22102
49 App.:1654(a).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(a); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1844.
In this section, before clause (1), the words “and the Secretary decides that” are substituted for “and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection” to eliminate unnecessary words. In clauses (2) and (3), the word “authority” is substituted for “agency” for consistency in the revised title. In clause (2), the word “fair” is substituted for “equitable” for consistency in the revised title. In clause (3)(A), the words “is authorized” are substituted for “has authority and administrative jurisdiction” to eliminate unnecessary words. In clause (3)(B), the words “directly or indirectly” are omitted as surplus. In clause (4), the word “adopt” is omitted as being included in “maintain”.
49 U.S.C. § 22103 (TRANSPORTATION)
§ 22103. Applications
(a) Filing.—
A State must file an application with the Secretary of Transportation for financial assistance for a project described under section 22101(a) of this title not later than January 1 of the fiscal year for which amounts have been appropriated. However, for a fiscal year for which the authorization of appropriations for assistance under this chapter has not been enacted by the first day of the fiscal year, the State must file the application not later than 90 days after the date of enactment of a law authorizing the appropriations for that fiscal year. The Secretary shall prescribe the form of the application.
(b) Considerations.—
In considering an application under this subsection, the Secretary shall consider the following:
(1) the percentage of rail lines that rail carriers have identified to the Surface Transportation Board for abandonment or potential abandonment in the State.
(2) the likelihood of future abandonments in the State.
(3) the ratio of benefits to costs for a proposed project calculated using the methodology established under section 22101(b) of this title.
(4) the likelihood that the rail line will continue operating with assistance.
(5) the impact of rail bankruptcies, rail restructuring, and rail mergers on the State.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104–88, title III, § 308(f)(3), Dec. 29, 1995, 109 Stat. 947.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
22103(a)
49 App.:1654(f) (1st sentence).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(f); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1846.
22103(b)
49 App.:1654(f) (last sentence).
In subsection (a), the words “under this chapter” are added for clarity. The words “a law” are substituted for “legislation” for consistency in the revised title.
In subsection (b)(3), the words “established by the Secretary” are omitted as surplus.
In subsection (b)(5), the words “applying for assistance” are omitted as unnecessary because of the restatement.
heading: Amendments
text: 1995—Subsec. (b)(1). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
heading: Effective Date of 1995 Amendment
text: Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
49 U.S.C. § 22104 (TRANSPORTATION)
§ 22104. State rail plan financing
(a) Entitlement and Uses.—
On the first day of each fiscal year, each State is entitled to $36,000 of the amounts made available under section 22108 of this title during that fiscal year to be used—
(1) to establish, update, revise, and modify the State plan required by section 22102 of this title; or
(2) to carry out projects described in section 22101(a)(1), (2), or (3) of this title, as designated by the State, if those projects meet the requirements of section 22101(c)(1)(B) of this title.
(b) Applications.—
Each State must apply for amounts under this section not later than the first day of the fiscal year for which the amounts are available. However, for any fiscal year for which the authorization of appropriations for financial assistance under this chapter has not been enacted by the first day of the fiscal year, the State must apply for amounts under this section not later than 60 days after the date of enactment of a law authorizing the appropriations for that fiscal year. Not later than 60 days after receiving an application, the Secretary of Transportation shall consider the application and notify the State of the approval or disapproval of the application.
(c) Availability of Amounts.—
Amounts provided under this section remain available to a State for obligation for the first 3 months after the end of the fiscal year for which the amounts were made available. Amounts not applied for under this section or that remain unobligated after the first 3 months after the end of the fiscal year for which the amounts were made available are available to the Secretary for projects meeting the requirements of this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 896.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
22104(a)
49 App.:1654(g) (1st sentence).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(g); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1846.
22104(b)
49 App.:1654(g) (2d, 3d sentences).
22104(c)
49 App.:1654(g) (4th, last sentences).
In subsection (a)(1), the word “modify” is added for consistency with 49 App.:1654(a), restated in section 22102 of the revised title.
In subsection (b), the words “not later than the first day of the fiscal year for which the amounts are available” are substituted for “on or before the first day of the fiscal year” for clarity.
In subsection (c), the word “timely” is omitted as unnecessary. The words “the first 3 months after the end of the fiscal year for which the amounts were made available” are substituted for “the expiration of the period described in the previous sentence” for clarity.
49 U.S.C. § 22105 (TRANSPORTATION)
§ 22105. Sharing project costs
(a) General.—
(1) The United States Government’s share of the costs of financial assistance for a project under this chapter is 50 percent, except that for assistance provided under section 22101(a)(2) of this title, the Government’s share is 70 percent. The State may pay its share of the costs in cash or through the following benefits, to the extent that the benefits otherwise would not be provided:
(A) forgiveness of taxes imposed on a rail carrier or its property.
(B) real and tangible personal property (provided by the State or a person for the State) necessary for the safe and efficient operation of rail freight transportation.
(C) track rights secured by the State for a rail carrier.
(D) the cash equivalent of State salaries for State employees working on the State project, except overhead and general administrative costs.
(2) A State may pay more than its required percentage share of the costs of a project under this chapter. When a State, or a person acting for a State, pays more than the State share of the costs of its projects during a fiscal year, the excess amount shall be applied to the State share for the costs of the State projects for later fiscal years.
(b) Agreements To Combine Amounts.—
States may agree to combine any part of the amounts made available under this chapter to carry out a project that is eligible for assistance under this chapter when—
(1) the project will benefit each State making the agreement; and
(2) the agreement is not a violation of State law.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 897.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
22105(a)
49 App.:1654(e).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(e), (j); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1845, 1847.
22105(b)
49 App.:1654(j).
In this section, the words “project” and “projects” are substituted for “program” for clarity and consistency in this section.
In subsection (a)(1), before clause (A), the words “financial assistance for a project under this chapter” are substituted for “rail freight assistance project” for clarity and consistency in this chapter. In clause (B), the words “for use in its rail freight assistance program” are omitted as unnecessary because of the restatement. In clause (D), the words “State employees” are substituted for “State public employees” to eliminate an unnecessary word.
In subsection (b), before clause (1), the words “States may agree” are substituted for “Two or more States . . . enter into an agreement” to eliminate unnecessary words.
49 U.S.C. § 22503 (TRANSPORTATION)
§ 22503. Standards for awarding grants
(a) Section 22501(1) Grants.—
The Secretary shall provide grants under section 22501(1) based upon the merits of the proposed program of activities provided by the State and upon a determination of where the grants will provide the greatest safety benefits. The Secretary may give priority to States that have developed and implemented a State grade crossing action plan, as described under section 202 of the Rail Safety Improvement Act of 2008.
(b) Section 22501(2) Grants.—
The Secretary shall provide grants to State and local governments under section 22501(2) to provide priority grade crossing safety improvements on an expedited basis at a location where there has been a highway-rail grade crossing collision within the previous two years involving major loss of life or multiple serious bodily injuries.
(Added Pub. L. 110–432, div. A, title II, § 207(a), Oct. 16, 2008, 122 Stat. 4874.)
heading: References in Text
text: Section 202 of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is section 202 of Pub. L. 110–432, which is set out as a note under section 22501 of this title.
49 U.S.C. § 22504 (TRANSPORTATION)
§ 22504. Use of funds
(a) In General.—
Any State receiving a grant under section 22501(1) shall use the funds to develop, implement, and continue to measure the effectiveness of a dedicated program of public education and enforcement of highway-rail crossing safety laws and to prevent casualties along railroad rights-of-way. The Secretary may not make a grant under this chapter available to assist a State or political subdivision thereof in establishing or continuing a quiet zone pursuant to part 222 of title 49, Code of Federal Regulations.
(b) Maximum Grant Amount Under Section 22501(2).—
No grant awarded under section 22501(2) may exceed $250,000.
(Added Pub. L. 110–432, div. A, title II, § 207(a), Oct. 16, 2008, 122 Stat. 4874.)
49 U.S.C. § 22505 (TRANSPORTATION)
§ 22505. Authorization of appropriations
There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2010 through 2013 to carry out the provisions of section 22501(1) of this chapter. There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2010 through 2013 to carry out the provisions of section 22501(2) of this chapter. Amounts appropriated pursuant to this section shall remain available until expended.
(Added Pub. L. 110–432, div. A, title II, § 207(a), Oct. 16, 2008, 122 Stat. 4874.)