---
kind: "section"
citation: "49 U.S.C. § 20105"
title: "49"
title_heading: "Transportation"
number: "20105"
heading: "State participation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20105"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter I — General"
---

# §20105. State participation

- (a) **Investigative and Surveillance Activities.—** The [Secretary](/usc/49/22401.md?p=14) concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the [Secretary](/usc/49/22401.md?p=14)[^1] that apply to [railroad](/usc/49/22401.md?p=12) equipment, facilities, rolling stock, and operations in a [State](/usc/49/26105.md?p=5). The [State](/usc/49/26105.md?p=5) may participate in those activities when the safety practices for [railroad](/usc/49/22401.md?p=12) equipment, facilities, rolling stock, and operations in the [State](/usc/49/26105.md?p=5) are regulated by a [State](/usc/49/26105.md?p=5) authority and the authority submits to the [Secretary](/usc/49/22401.md?p=14) concerned an annual certification as provided in [subsection (b)](#b) of this section.
- (b) **Annual Certification.—**
  - (1) A [State](/usc/49/26105.md?p=5) authority’s annual certification must include—
    - (A) a certification that the authority—
      - (i) has regulatory jurisdiction over the safety practices for [railroad](/usc/49/22401.md?p=12) equipment, facilities, rolling stock, and operations in the [State](/usc/49/26105.md?p=5);
      - (ii) was given a copy of each safety regulation prescribed and order issued by the [Secretary](/usc/49/22401.md?p=14) concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
      - (iii) is conducting the investigative and surveillance activities prescribed by the [Secretary](/usc/49/22401.md?p=14) concerned under [subsection (a)](#a) of this section; and
    - (B) a report, in the form the [Secretary](/usc/49/22401.md?p=14) concerned prescribes by regulation, that includes—
      - (i) the name and address of each [railroad carrier](/usc/49/20102.md?p=3) subject to the safety jurisdiction of the authority;
      - (ii) each accident or incident reported during the prior 12 months by a [railroad carrier](/usc/49/20102.md?p=3) involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the [Secretary](/usc/49/22401.md?p=14) concerned), and a summary of the authority’s investigation of the cause and circumstances surrounding the accident or incident;
      - (iii) the record maintenance, reporting, and inspection practices conducted by the authority to aid the [Secretary](/usc/49/22401.md?p=14) concerned in enforcing [railroad](/usc/49/22401.md?p=12) safety regulations prescribed and orders issued by the [Secretary](/usc/49/22401.md?p=14) concerned, including the number of inspections made of [railroad](/usc/49/22401.md?p=12) equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
      - (iv) other information the [Secretary](/usc/49/22401.md?p=14) concerned requires.
  - (2) An annual certification applies to a safety regulation prescribed or order issued after the date of the certification only if the [State](/usc/49/26105.md?p=5) authority submits an appropriate certification to provide the necessary investigative and surveillance activities.
  - (3) If, after receipt of an annual certification, the [Secretary](/usc/49/22401.md?p=14) concerned decides the [State](/usc/49/26105.md?p=5) authority is not complying satisfactorily with the investigative and surveillance activities prescribed under [subsection (a)](#a) of this section, the [Secretary](/usc/49/22401.md?p=14) concerned may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The [Secretary](/usc/49/22401.md?p=14) concerned must give the authority notice and an opportunity for a hearing before taking action under this paragraph. When the [Secretary](/usc/49/22401.md?p=14) concerned gives notice, the burden of proof is on the authority to show that it is complying satisfactorily with the investigative and surveillance activities prescribed by the [Secretary](/usc/49/22401.md?p=14) concerned.
- (c) **Agreement When Certification Not Received.—**
  - (1) If the [Secretary](/usc/49/22401.md?p=14) concerned does not receive an annual certification under [subsection (a)](#a) of this section related to any [railroad](/usc/49/22401.md?p=12) equipment, facility, rolling stock, or operation, the [Secretary](/usc/49/22401.md?p=14) concerned may make an agreement with a [State](/usc/49/26105.md?p=5) authority for the authority to provide any part of the investigative and surveillance activities prescribed by the [Secretary](/usc/49/22401.md?p=14) concerned as necessary to enforce the safety regulations and orders applicable to the equipment, facility, rolling stock, or operation.
  - (2) The [Secretary](/usc/49/22401.md?p=14) concerned may terminate any part of an agreement made under this subsection on finding that the authority has not provided every part of the investigative and surveillance activities to which the agreement relates. The [Secretary](/usc/49/22401.md?p=14) concerned must give the authority notice and an opportunity for a hearing before making such a finding. The finding and termination shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication.
- (d) **Agreement for Investigative and Surveillance Activities.—** In addition to providing for [State](/usc/49/26105.md?p=5) participation under this section, the [Secretary](/usc/49/22401.md?p=14) concerned may make an agreement with a [State](/usc/49/26105.md?p=5) to provide investigative and surveillance activities related to the duties under chapters 203–213 of this title (in the case of the [Secretary](/usc/49/22401.md?p=14) of Transportation) and duties under [section 114 of this title](/usc/49/114.md) (in the case of the [Secretary](/usc/49/22401.md?p=14) of Homeland Security).
- (e) **Payment.—** On application by a [State](/usc/49/26105.md?p=5) authority that has submitted a certification under subsections [(a)](#a) and [(b)](#b) of this section or made an agreement under subsection [(c)](#c) or [(d)](#d) of this section, the [Secretary](/usc/49/22401.md?p=14) concerned shall pay not more than 50 percent of the cost of the personnel, equipment, and activities of the authority needed, during the next fiscal year, to carry out a safety program under the certification or agreement. However, the [Secretary](/usc/49/22401.md?p=14) concerned may pay an authority only when the authority assures the [Secretary](/usc/49/22401.md?p=14) concerned that it will provide the remaining cost of the safety program and that the total [State](/usc/49/26105.md?p=5) money expended for the safety program, excluding grants of the United States Government, will be at least as much as the average amount expended for the fiscal years that ended June 30, 1969, and June 30, 1970.
- (f) **Monitoring.—** The [Secretary](/usc/49/22401.md?p=14) concerned may monitor [State](/usc/49/26105.md?p=5) investigative and surveillance practices and carry out other inspections and investigations necessary to help enforce this chapter (in the case of the [Secretary](/usc/49/22401.md?p=14) of Transportation) and duties under [section 114 of this title](/usc/49/114.md) (in the case of the [Secretary](/usc/49/22401.md?p=14) of Homeland Security).
- (g) **Definitions.—** In this section—
  - (1) the term “safety” includes security; and
  - (2) the term “[Secretary](/usc/49/22401.md?p=14) concerned” means—
    - (A) the [Secretary](/usc/49/22401.md?p=14) of Transportation, with respect to [railroad](/usc/49/22401.md?p=12) safety matters concerning such [Secretary](/usc/49/22401.md?p=14) under laws administered by that [Secretary](/usc/49/22401.md?p=14); and
    - (B) the [Secretary](/usc/49/22401.md?p=14) of Homeland Security, with respect to [railroad](/usc/49/22401.md?p=12) safety matters concerning such [Secretary](/usc/49/22401.md?p=14) under laws administered by that [Secretary](/usc/49/22401.md?p=14).

## Footnotes

[^1]: So in original. Probably should be “Secretary concerned”.

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 864; Pub. L. 107–296, title XVII, § 1710(a), Nov. 25, 2002, 116 Stat. 2319.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 20105(a) | 45:435(a) (1st sentence related to authority for State participation). | Oct. 16, 1970, Pub. L. 91–458, § 206(a) (1st sentence), (b), (f), 84 Stat. 972, 973, 974; Nov. 16, 1990, Pub. L. 101–615, § 28(a)(1)–(3), (b), (c), 104 Stat. 3276, 3277. |
| 20105(b) (1)(A) | 45:435(a) (1st sentence related to contents of certification). |  |
| 20105(b) (1)(B) | 45:435(b) (1st sentence). |  |
| 20105(b)(2) | 45:435(f). |  |
| 20105(b)(3) | 45:435(b) (2d–last sentences). |  |
| 20105(c) | 45:435(c). | Oct. 16, 1970, Pub. L. 91–458, § 206(c), (e), 84 Stat. 973, 974. |
| 20105(d) | 45:435(g). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 206(g); added Oct. 10, 1980, Pub. L. 96–423, § 4(a), 94 Stat. 1812. |
| 20105(e) | 45:435(d). | Oct. 16, 1970, Pub. L. 91–458, § 206(d), 84 Stat. 974; Oct. 10, 1980, Pub. L. 96–423, § 4(b), 94 Stat. 1812. |
| 20105(f) | 45:435(e). |  |

In subsection (a), the first sentence is added for clarity.

In subsection (b)(1)(A)(iii), the words “as necessary for the enforcement by him of each rule, regulation, order, and standard referred to in paragraph (2) of this subsection, as interpreted by the Secretary” are omitted as surplus.

In subsection (b)(1)(B)(i) and (ii), the words “railroad carrier” are substituted for “railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.

In subsection (b)(1)(B)(iii), the words “a detail of” are omitted as surplus.

In subsection (b)(3), the text of 45:435(b) (2d sentence) and the words “as he deems”, “reasonable”, and “with respect to such safety rules, regulations, orders, and standards” are omitted as surplus.

In subsection (c)(1), the word “enforce” is substituted for “obtain compliance with” for clarity and consistency in this section.

In subsection (e), the words “out of funds appropriated pursuant to this subchapter or otherwise made available”, “reasonably”, and “satisfactory” are omitted as surplus. The words “will be at least as much as the average amount expended” are substituted for “will be maintained at a level which does not fall below the average level of such expenditures” for clarity and to eliminate unnecessary words.

### Editorial Notes

### Amendments

2002—Subsec. (a). Pub. L. 107–296, § 1710(a)(2), substituted “the Secretary concerned” for “the Secretary” in second sentence.

Pub. L. 107–296, § 1710(a)(1), substituted “The Secretary concerned” for “The Secretary of Transportation” in first sentence.

Subsecs. (b), (c). Pub. L. 107–296, § 1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.

Subsec. (d). Pub. L. 107–296, § 1710(a)(2), (3), substituted “Secretary concerned” for “Secretary” and “duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “Secretary’s duties under chapters 203–213 of this title”.

Subsec. (e). Pub. L. 107–296, § 1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.

Subsec. (f). Pub. L. 107–296, § 1710(a)(2), (4), substituted “Secretary concerned” for “Secretary” and “chapter (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “chapter”.

Subsec. (g). Pub. L. 107–296, § 1710(a)(5), added subsec. (g).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.