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. L. 100–342, § 8, 102 Stat. 628. 45:437(d)(2). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(d)(2); added Oct. 10, 1980, Pub. L. 96–423, § 6(b), 94 Stat. 1814. 45:438(c) (4th sen- tence related to authority to bring actions). Oct. 16, 1970, Pub. L. 91–458, § 209(c) (4th sentence), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, § 8(a), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, § 3(a)(3)(A), (B), 102 Stat. 624. 45:439(a) (related to actions by Attor- ney General). Oct. 16, 1970, Pub. L. 91–458, § 210(a) (related to actions by Attorney General), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, § 9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, § 28(f), 104 Stat. 3277. 20112(b)(1) .. 45:438(c) (4th sen- tence related to venue). 45:439(c) (related to actions by Attor- ney General). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 210(c) (re- lated to actions by Attor- ney General); added Oct. 10, 1980, Pub. L. 96–423, § 9(b), 94 Stat. 1815. 20112(b)(2) .. 45:437(a) (last sen- tence related to venue). In subsection (a), before clause (1), the words ‘‘At the request of the Secretary of Transportation’’ are sub- stituted for ‘‘at the request of the Secretary’’ in 45:439(a), and are made applicable to all of the source provisions restated in this subsection, for clarity and consistency. The words ‘‘at the request of the Sec- retary’’ in 45:439(a) are interpreted and restated to mean that the Secretary’s request is to the Attorney General rather than to the district court. See H.R. Rept. No. 91–1194, 91st Cong., 2d Sess., p. 20 (1970). The words ‘‘the Attorney General may bring a civil action in a district court of the United States’’ are substituted for ‘‘such district court shall have jurisdiction, upon petition by the Attorney General’’ in 45:437(a) (last sen- tence), ‘‘The district courts of the United States shall have jurisdiction, upon petition by the Attorney Gen- eral’’ in 45:437(d)(2), and ‘‘The United States district court shall . . . upon petition by the Attorney General on behalf of the United States . . . have jurisdiction’’ in 45:439(a) for clarity and consistency. It is not nec- essary to restate that the district court has jurisdic- tion because of 28:1331 and 1345. See also the statement of Senator Prouty in 115 Cong. Rec. 40205 (1969) explain- ing that similar language in section 110 of S. 1933, 91st Cong., 1st Sess. (the derivative source for 45:439) would grant the Attorney General the power to seek injunc- tions. Clauses (1)–(3) are substituted for the source pro- visions to eliminate unnecessary words. In clause (1), the words ‘‘subject to the provisions of rules 65(a) and (b) of the Federal Rules of Civil Procedure’’ in 45:439(a) are omitted as surplus because the Federal Rules of Civil Procedure (28 App. U.S.C.) apply in the district court unless otherwise provided. In clause (2), the words ‘‘or an amount agreed on in compromise’’ are added for clarity. In subsection (b)(1), the text of 45:439(c) (words before 1st comma) is omitted because it applies only to ac- tions brought by a State authority. See discussion of the cross-reference in the note for section 20113(c) of the revised title. The last sentence is substituted for ‘‘in which the individual resides’’ in 45:438(c) because of the restatement. In subsection (b)(2), the words ‘‘compliance order issued under section 20111(b) of this title’’ are sub- stituted for ‘‘order, or directive’’ because the latter words are interpreted as referring to ‘‘orders directing compliance’’ in 45:437(a) (2d sentence), restated in sec- tion 20111(b). Editorial Notes AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–432, § 309(1), inserted ‘‘this part, except for section 20109 of this title, or’’ after ‘‘enforce,’’. Subsec. (a)(2). Pub. L. 110–432, § 309(2), substituted ‘‘21301, 21302, or 21303’’ for ‘‘21301’’. Subsec. (a)(3). Pub. L. 110–432, § 309(3), (4), substituted ‘‘subpoena, request for admissions, request for produc- tion of documents or other tangible things, or request for testimony by deposition’’ for ‘‘subpena’’ and ‘‘part.’’ for ‘‘chapter.’’ § 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 to enjoin the violation of a railroad safety regulation pre- scribed 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 inves- tigative and surveillance activities under sec- tion 20105 of this title 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 en- forcement action taken by the Secretary related to the violation. (b) IMPOSITION AND COLLECTION OF CIVIL PEN- ALTIES.—If the Secretary does not impose the