PROTECTION OF RAILROAD SAFETY RISK ANALYSES INFORMATION.

SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES INFORMATION.(a) Amendment.—Subchapter I of chapter 201 is amended by adding at the end thereof the following:“§ 20118. Prohibition on public disclosure of railroad safety analysis records“(a) In General.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of section 552 of title 5 if the record is—“(1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or“(2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.“(b) Exception.—Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion, the 122 STAT. 4867 Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot program.“(c) Discretionary Prohibition of Disclosure.—The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to promote railroad safety. “§ 20119. Study on use of certain reports and surveys“(a) Study.—The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. In conducting this study, the Secretary shall solicit input from the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.“(b) Authority.—Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.” .(b) Conforming Amendment.—The chapter analysis for chapter 201 is amended by inserting after the item relating to section 20117 the following: “20118. Prohibition on public disclosure of railroad safety analysis records. “20119. Study on use of certain reports and surveys.”.