
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: 49USC20112]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 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, 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 of this title; or
        (3) to enforce a subpena issued by the Secretary under this 
    chapter.

    (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 may be 
brought in the judicial district in which the defendant resides, does 
business, or is found.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20112(a)..............................  45:437(a) (last sentence         Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                         related to authority to bring    971, 
Sec.  208(a) (last sentence);
                                         actions).                        added
 June 22, 1988, Pub. L. 100-342,
                                                                          Sec. 
 8, 102 Stat. 628.
                                        45:437(d)(2).                    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  208(d)(2); added Oct. 10,
                                                                          1980,
 Pub. L. 96-423, Sec.  6(b), 94
                                                                          Stat.
 1814.
                                        45:438(c) (4th sentence related  Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         to authority to bring            209(c
) (4th sentence), 84 Stat. 975;
                                         actions).                        Oct. 
10, 1980, Pub. L. 96-423, Sec.
                                                                          8(a),
 94 Stat. 1814; June 22, 1988,
                                                                          Pub. 
L. 100-342, Sec.  3(a)(3)(A),
                                                                          (B), 
102 Stat. 624.
                                        45:439(a) (related to actions    Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         by Attorney General).            210(a
) (related to actions by Attorney
                                                                          Gener
al), 84 Stat. 975; Oct. 10, 1980,
                                                                          Pub. 
L. 96-423, Sec.  9(a), 94 Stat.
                                                                          1814;
 Nov. 16, 1990, Pub. L. 101-615,
                                                                          Sec. 
 28(f), 104 Stat. 3277.
20112(b)(1)...........................  45:438(c) (4th sentence related
                                         to venue).
                                        45:439(c) (related to actions    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                         by Attorney General).            971, 
Sec.  210(c) (related to actions
                                                                          by At
torney General); added Oct. 10,
                                                                          1980,
 Pub. L. 96-423, Sec.  9(b), 94
                                                                          Stat.
 1815.
20112(b)(2)...........................  45:437(a) (last sentence
                                         related to venue).
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---------------------------------

    In subsection (a), before clause (1), the words ``At the request of 
the Secretary of Transportation'' are substituted 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 Secretary'' 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 
sentence), ``The district courts of the United States shall have 
jurisdiction, upon petition by the Attorney General'' 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 
necessary to restate that the district court has jurisdiction because of 
28:1331 and 1345. See also the statement of Senator Prouty in 115 Cong. 
Rec. 40205 (1969) explaining 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 injunctions. Clauses (1)-
(3) are substituted for the source provisions 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 actions 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 substituted for ``order, or 
directive'' because the latter words are interpreted as referring to 
``orders directing compliance'' in 45:437(a) (2d sentence), restated in 
section 20111(b).

                  Section Referred to in Other Sections

    This section is referred to in sections 20111, 20113 of this title.
