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

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 Page 567 TITLE 49—TRANSPORTATION § 20115 applicable civil penalty for a violation of a rail- road 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, 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 may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State au- thority may not bring an action under this sec- tion outside the State. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20113(a) ...... 45:436(b)(1) (related to authority to bring actions), (2). Oct. 16, 1970, Pub. L. 91–458, § 207(b), (c), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, § 8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, § 5, 94 Stat. 1812. 45:439(a) (related to actions by States). Oct. 16, 1970, Pub. L. 91–458, § 210(a) (related to actions by States), 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. 20113(b) ...... 45:436(a)(1) (related to authority to bring actions), (2). Oct. 16, 1970, Pub. L. 91–458, § 207(a), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, § 8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, § 5, 94 Stat. 1812; Nov. 16, 1990, Pub. L. 101–615, § 28(e), 104 Stat. 3277. 20113(c) ...... 45:436(a)(1) (related to venue), (b)(1) (related to venue), (c). 45:439(c) (related to actions by States). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 210(c) (re- lated to actions by States); added Oct. 10, 1980, Pub. L. 96–423, § 9(b), 94 Stat. 1815. In subsection (a), the language about jurisdiction in 45:439(a) (related to actions by States) is omitted for the reasons explained in the revision note for section 20112(a) of the revised title. In subsection (b), the word ‘‘impose’’ is substituted for ‘‘assess’’ for consistency. The words ‘‘the authority may bring a civil action in an appropriate district court of the United States’’ are substituted for ‘‘agency may apply to the United States district court’’ for con- sistency in the revised title and with other titles of the United States Code. The words ‘‘included in or made applicable to such rule, regulation, order, or standard’’ are omitted as surplus. In subsection (c), the reference to ‘‘section 207(d)’’ in section 210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91–458, 84 Stat. 971), as added by section 9(b) of the Federal Railroad Safety Authorization Act of 1980 (Public Law 96–423, 94 Stat. 1815), is assumed to have been intended as a reference to section 207(c). The Federal Railroad Safety Authorization Act of 1980 was derived from S. 2730, which in turn was derived from H.R. 7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier version of H.R. 7104 was redesignated as section 207(c) during the legislative process and no sec- tion 207(d) was enacted. See H.R. Rept. No. 96–1025, 96th Cong., 2d Sess., pp. 14, 15 (1980). § 20114. Judicial procedures (a) CRIMINAL CONTEMPT.—In a trial for crimi- nal contempt for violating an injunction or re- straining order issued under this chapter, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.). (b) SUBPENAS FOR WITNESSES.—A subpena for a witness required to attend a district court of the United States in an action brought under this chapter may be served in any judicial district. (c) REVIEW OF AGENCY ACTION.—Except as pro- vided in section 20104(c) of this title, a pro- ceeding to review a final action of the Secretary of Transportation under this part or, as applica- ble to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 870.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20114(a) ...... 45:439(b). Oct. 16, 1970, Pub. L. 91–458, §§ 209(d), 210(b), 84 Stat. 975, 976. 20114(b) ...... 45:438(d). 20114(c) ...... 45:431(f). Oct. 16, 1970, Pub. L. 91–458, § 202(f), 84 Stat. 972; re- stated Sept. 3, 1992, Pub. L. 102–365, § 5(a)(1), 106 Stat. 975. In subsection (a), the words ‘‘the defendant may de- mand a jury trial’’ are substituted for ‘‘trial shall be by the court, or, upon demand of the accused, by a jury’’ to eliminate unnecessary words and for consistency in the revised title. In subsection (b), the words ‘‘may be served in any ju- dicial district’’ are substituted for ‘‘may run into any other district’’ for clarity. In subsection (c), the words ‘‘a final action of the Sec- retary’’ are substituted for ‘‘Any final agency action taken by the Secretary’’ to eliminate unnecessary words. The words ‘‘this part or, as applicable to rail- road safety, chapter 51 or 57 of this title’’ are sub- stituted for ‘‘this subchapter or under any of the other Federal railroad safety laws, as defined in section 441(e) of this title’’ because of the restatement. The words ‘‘is subject to judicial review as provided in chapter 7 of title 5’’ are omitted as unnecessary because 5:ch. 7 ap- plies unless otherwise stated. The words ‘‘by and in the manner prescribed’’ are omitted as surplus. § 20115. User fees (a) SCHEDULE OF FEES.—The Secretary of Transportation shall prescribe by regulation a schedule of fees for railroad carriers subject to this chapter. The fees— (1) shall cover the costs of carrying out this chapter (except section 20108(a)); (2) shall be imposed fairly on the railroad carriers, in reasonable relationship to an ap- propriate combination of criteria such as rev- enue ton-miles, track miles, passenger miles, or other relevant factors; and (3) may not be based on that part of industry revenues attributable to a railroad carrier or class of railroad carriers. (b) COLLECTION PROCEDURES.—The Secretary shall prescribe procedures to collect the fees. The Secretary may use the services of a depart-