
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20111]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20111. Enforcement by the Secretary of Transportation

    (a) Exclusive Authority.--The Secretary of Transportation has 
exclusive authority--
        (1) to impose and compromise a civil penalty for a violation of 
    a railroad safety regulation prescribed or order issued by the 
    Secretary;
        (2) except as provided in section 20113 of this title, to 
    request an injunction for a violation of a railroad safety 
    regulation prescribed or order issued by the Secretary; and
        (3) to recommend appropriate action be taken under section 
    20112(a) of this title.

    (b) Compliance Orders.--The Secretary may issue an order directing 
compliance with this part or with a railroad safety regulation 
prescribed or order issued under this part.
    (c) Orders Prohibiting Individuals From Performing Safety-Sensitive 
Functions.--If an individual's violation of this chapter or any of the 
laws transferred to the jurisdiction of the Secretary of Transportation 
by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of 
Transportation Act, as in effect on June 1, 1994, or a regulation 
prescribed or order issued by the Secretary under this chapter is shown 
to make that individual unfit for the performance of safety-sensitive 
functions, the Secretary, after notice and opportunity for a hearing, 
may issue an order prohibiting the individual from performing safety-
sensitive functions in the railroad industry for a specified period of 
time or until specified conditions are met. This subsection does not 
affect the Secretary's authority under section 20104 of this title to 
act on an emergency basis.
    (d) Regulations Requiring Reporting of Remedial Actions.--(1) The 
Secretary shall prescribe regulations to require that a railroad carrier 
notified by the Secretary that imposition of a civil penalty will be 
recommended for a failure to comply with this part, chapter 51 or 57 of 
this title, or a regulation prescribed or order issued under any of 
those provisions, shall report to the Secretary, not later than the 30th 
day after the end of the month in which the notification is received--
        (A) actions taken to remedy the failure; or
        (B) if appropriate remedial actions cannot be taken by that 30th 
    day, an explanation of the reasons for the delay.

    (2) The Secretary--
        (A) not later than June 3, 1993, shall issue a notice of a 
    regulatory proceeding for proposed regulations to carry out this 
    subsection; and
        (B) not later than September 3, 1994, shall prescribe final 
    regulations to carry out this subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868; Pub. L. 103-
440, title II, Sec. 205, Nov. 2, 1994, 108 Stat. 4620.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20111(a)..............................  45:435(a) (last sentence).       Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                                                          206(a
) (last sentence), 84 Stat. 973;
                                                                          Nov. 
16, 1990, Pub. L. 101-615, Sec.
                                                                          28(a)
(4), 104 Stat. 3276.
20111(b)..............................  45:437(a) (2d sentence).         Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  208(a) (2d sentence); added
                                                                          Jan. 
3, 1975, Pub. L. 93-633, Sec.
                                                                          206, 
88 Stat. 2166; June 22, 1988,
                                                                          Pub. 
L. 100-342, Sec.  8, 102 Stat.
                                                                          628.
                                        45:437(d)(1) (last sentence).    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  208(d)(1) (last sentence);
                                                                          added
 Oct. 10, 1980, Pub. L. 96-423,
                                                                          Sec. 
 6(b), 94 Stat. 1814.
20111(c)..............................  45:438(f).                       Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  209(f); added June 22,
                                                                          1988,
 Pub. L. 100-342, Sec.  3(a)(4),
                                                                          102 S
tat. 625.
20111(d)..............................  45:437 (note).                   Sept. 
3, 1992, Pub. L. 102-365, Sec.
                                                                          3, 10
6 Stat. 972.
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---------------------------------

    In this section, the word ``impose'' is substituted for ``assess'' 
for consistency.
    In subsection (b), the word ``further'' is omitted as surplus.
    In subsection (d), the words ``this part, chapter 51 or 57 of this 
title'' are substituted for ``the Federal railroad safety laws, as such 
term is defined in section 441(e) of this title'' because 45:441(e) is 
not restated as a definition.

                       References in Text

    Section 6 of the Department of Transportation Act, referred to in 
subsec. (c), is section 6 of Pub. L. 89-670, which was classified to 
section 1655 of former Title 49, Transportation. Section 6 was repealed 
and the provisions thereof reenacted in Title 49, Transportation, by 
Pub. L. 103-272, July 5, 1994, 108 Stat. 745. For disposition of 
sections of former Title 49, see Table at the beginning of Title 49.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-440 inserted ``this chapter or any of 
the laws transferred to the jurisdiction of the Secretary of 
Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the 
Department of Transportation Act, as in effect on June 1, 1994, or'' 
after ``individual's violation of''.

                  Section Referred to in Other Sections

    This section is referred to in section 20112 of this title.
