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49 U.S.C. § 20112 — Enforcement by the Attorney General

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20112 — Enforcement by the Attorney General

**(a) Civil Actions.—** At the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district court of the United States— (1) to enjoin a violation of, or to enforce, this part, except for [section 20109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20109&num=0&edition=prelim), or a railroad safety regulation prescribed or order issued by the Secretary; (2) to collect a civil penalty imposed or an amount agreed on in compromise under section 21301, 21302, or 21303 of this title; or (3) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part. **(b) Venue.—** (1) Except as provided in paragraph (2) of this subsection, a civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. If an action to collect a penalty is against an individual, the action also may be brought in the judicial district in which the individual resides. (2) A civil action to enforce a subpena issued by the Secretary or a compliance order issued under [section 20111(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20111/b&num=0&edition=prelim) may be brought in the judicial district in which the defendant resides, does business, or is found.

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Source file: Laws/federal/codes/united-states-code/title-49/section-20112-enforcement-by-the-attorney-general--6b5ef2fedd.md
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Source location: Title 49, Chapter 201, § 20112; chapter-201-general.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20109 — Employee protections

**(a) In General.—** A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done— (1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by— (A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under chapter 4 of title 5; 11 So in original. A closing parenthesis probably should precede the semicolon. (B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or (C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct; (2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security; (3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 o

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20113 — Enforcement by the States

**(a) Injunctive Relief.—** If the Secretary of Transportation does not begin a civil action under [section 20112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20112&num=0&edition=prelim) to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim) that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation. **(b) Imposition and Collection of Civil Penalties.—** If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20105&num=0&edition=prelim), the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur. **(c) Venue.—** A civil action under this section

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20112 — Enforcement by the Attorney General

Page 566 TITLE 49—TRANSPORTATION § 20112 § 20112. Enforcement by the Attorney General (a) CIVIL ACTIONS.—At the request of the Sec- retary of Transportation, the Attorney General may bring a civil action in a district court of the United States— (1) to enjoin a violation of, or to enforce, this part, except for section 20109 of this title, or a railroad safety regulation prescribed or order issued by the Secretary; (2) to collect a civil penalty imposed or an amount agreed on in compromise under sec- tion 21301, 21302, or 21303 of this title; or (3) to enforce a subpoena, request for admis- sions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part. (b) VENUE.—(1) Except as provided in para- graph (2) of this subsection, a civil action under this section may be brought in the judicial dis- trict in which the violation occurred or the de- fendant has its principal executive office. If an action to collect a penalty is against an indi- vidual, the action also may be brought in the ju- dicial district in which the individual resides. (2) A civil action to enforce a subpena issued by the Secretary or a compliance order issued under section 20111(b) of this title may be brought in the judicial district in which the de- fendant resides, does business, or is found. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869; Pub. L. 110–432, div. A, title III, § 309, Oct. 16, 2008, 122 Stat. 4882.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20112(a) ...... 45:437(a) (last sen- tence related to authority to bring actions). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(a) (last sentence); added June 22, 1988, Pub.

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