---
kind: "section"
citation: "49 U.S.C. § 20120"
title: "49"
title_heading: "Transportation"
number: "20120"
heading: "Enforcement report"
release: "119-102"
date: "2026-07-12"
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](/usc/49/22401.md?p=14) of Transportation shall make available to the public and publish on its public Web site an annual report that—
  - (1) provides a summary of [railroad](/usc/49/22401.md?p=12) safety and hazardous materials compliance inspections and audits that Federal or [State](/usc/49/26105.md?p=5) 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;
  - (2) provides a summary of all enforcement actions taken by the [Secretary](/usc/49/22401.md?p=14) or the Federal [Railroad](/usc/49/22401.md?p=12) 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 transportation 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](/usc/49/24102.md?p=10) of reported accidents and incidents and [railroad](/usc/49/22401.md?p=12) safety;
  - (4) provide[^2] the information required by paragraphs [(2)](#a-2) and [(3)](#a-3)—
    - (A) for each Class I [railroad](/usc/49/22401.md?p=12) individually; and
    - (B) in the aggregate for—
      - (i) Class II [railroads](/usc/49/22401.md?p=12);
      - (ii) Class III [railroads](/usc/49/22401.md?p=12);
      - (iii) hazardous materials 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](/usc/49/28501.md?p=1);
    - (B) an administrative hearing officer or administrative law judge; or
    - (C) the Administrator of the Federal [Railroad](/usc/49/22401.md?p=12) Administration;
  - (6) provides an explanation regarding any changes in the [Secretary](/usc/49/22401.md?p=14)’s or the Federal [Railroad](/usc/49/22401.md?p=12) Administration’s enforcement programs or policies that may substantially affect the information reported; and
  - (7) includes any additional information that the [Secretary](/usc/49/22401.md?p=14) 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.