---
kind: "section"
citation: "49 U.S.C. § 20902"
title: "49"
title_heading: "Transportation"
number: "20902"
heading: "Investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20902"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 209 — Accidents and Incidents"
---

# §20902. Investigations

- (a) **General Authority.—** The [Secretary](/usc/49/22401.md?p=14) of Transportation, or an impartial investigator authorized by the [Secretary](/usc/49/22401.md?p=14), may investigate—
  - (1) an accident or incident resulting in serious injury to an individual or to [railroad](/usc/49/22401.md?p=12) property, occurring on the [railroad](/usc/49/22401.md?p=12) line of a [railroad carrier](/usc/49/20102.md?p=3); and
  - (2) an accident or incident reported under [section 20505 of this title](/usc/49/20505.md).
- (b) **Other Duties and Powers.—** In carrying out an investigation, the [Secretary](/usc/49/22401.md?p=14) or authorized investigator may subpoena 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](/usc/49/26105.md?p=5) in which it occurred, the [Secretary](/usc/49/22401.md?p=14), if convenient, shall carry out the investigation at the same time as, and in coordination with, the commission’s investigation. The [railroad carrier](/usc/49/20102.md?p=3) on whose [railroad](/usc/49/22401.md?p=12) line the accident or incident occurred shall provide reasonable facilities to the [Secretary](/usc/49/22401.md?p=14) for the investigation.
- (c) **Reports.—** When in the public interest, the [Secretary](/usc/49/22401.md?p=14) shall make a report of the investigation, stating the cause of the accident or incident and making recommendations the [Secretary](/usc/49/22401.md?p=14) considers appropriate. The [Secretary](/usc/49/22401.md?p=14) shall publish the report in a way the [Secretary](/usc/49/22401.md?p=14) considers appropriate.
- (d) **Gathering Information and Technical Expertise.—**
  - (1) **In general.—** The [Secretary](/usc/49/22401.md?p=14) shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for—
    - (A) gathering information about an accident or incident under investigation from [railroad carriers](/usc/49/20102.md?p=3), contractors or [employees](/usc/49/21101.md?p=3) of [railroad carriers](/usc/49/20102.md?p=3) or representatives of [employees](/usc/49/21101.md?p=3) of [railroad carriers](/usc/49/20102.md?p=3), and others, as determined relevant by the [Secretary](/usc/49/22401.md?p=14); and
    - (B) consulting with [railroad carriers](/usc/49/20102.md?p=3), contractors or [employees](/usc/49/21101.md?p=3) of [railroad carriers](/usc/49/20102.md?p=3) or representatives of [employees](/usc/49/21101.md?p=3) of [railroad carriers](/usc/49/20102.md?p=3), and others, as determined relevant by the [Secretary](/usc/49/22401.md?p=14), for technical expertise on the facts of the accident or incident under investigation.
  - (2) **Confidentiality.—** In developing the process required under [paragraph (1)](#d-1), the [Secretary](/usc/49/22401.md?p=14) shall factor in ways to maintain the confidentiality of any entity identified under [paragraph (1)](#d-1) if—
    - (A) such entity requests confidentiality;
    - (B) such entity was not involved in the accident or incident; and
    - (C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal [Railroad](/usc/49/22401.md?p=12) Administration.
  - (3) **Applicability.—** This subsection shall not apply to any investigation carried out by the National Transportation Safety [Board](/usc/49/28501.md?p=1).

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 887; Pub. L. 117–58, div. B, title II, § 22417, Nov. 15, 2021, 135 Stat. 748.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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.

### Editorial Notes

### Amendments

2021—Subsec. (b). Pub. L. 117–58, § 22417(1), substituted “subpoena” for “subpena”.

Subsec. (d). Pub. L. 117–58, § 22417(2), added subsec. (d).