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Code · BILL · 117th Congress · H.R. 3684 (Placed on Calendar Senate) — To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. · Sec. 9505

Sec. 9505. FRA accident and incident investigations

257 words·~1 min read·/bill/117/hr/3684/pcs/section-9505

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Section 20902 of title 49, United States Code, is amended— in subsection
(b)by striking subpena and inserting subpoena ; in subsection
(c)by inserting The Secretary shall develop a process to make available to a representative of the railroad carrier that is the subject of an accident or incident investigation, and to a representative of the employees of such railroad carrier, including a nonprofit employee labor organization representing railroad workers, a draft investigation report for timely review and comment. after the period at the end; and by adding at the end the following: The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section to— gather information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others determined relevant by the Secretary; and consult with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation. In developing the process under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph
(1)if— such entity requests confidentiality; such entity was not involved in the accident or incident; and maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration. This subsection shall not apply to any investigation carried out by the National Transportation Safety Board. .
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