
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: 49USC20113]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 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 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 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, 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 authority may not bring 
an action under this section outside the State.

(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)
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---------------------------------
20113(a)..............................  45:436(b)(1) (related to         Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         authority to bring actions),     207(b
), (c), 84 Stat. 974; Nov. 2,
                                         (2).                             1978,
 Pub. L. 95-574, Sec.  8, 92
                                                                          Stat.
 2461; restated Oct. 10, 1980,
                                                                          Pub. 
L. 96-423, Sec.  5, 94 Stat.
                                                                          1812.
                                        45:439(a) (related to actions    Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         by States).                      210(a
) (related to actions by States),
                                                                          84 St
at. 975; Oct. 10, 1980, Pub. L.
                                                                          96-42
3, Sec.  9(a), 94 Stat. 1814;
                                                                          Nov. 
16, 1990, Pub. L. 101-615, Sec.
                                                                          28(f)
, 104 Stat. 3277.
20113(b)..............................  45:436(a)(1) (related to         Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         authority to bring actions),     207(a
), 84 Stat. 974; Nov. 2, 1978,
                                         (2).                             Pub. 
L. 95-574, Sec.  8, 92 Stat.
                                                                          2461;
 restated Oct. 10, 1980, Pub. L.
                                                                          96-42
3, Sec.  5, 94 Stat. 1812; Nov.
                                                                          16, 1
990, Pub. L. 101-615, Sec.
                                                                          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    Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                         by States).                      971, 
Sec.  210(c) (related to actions
                                                                          by St
ates); added Oct. 10, 1980, Pub.
                                                                          L. 96
-423, Sec.  9(b), 94 Stat. 1815.
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---------------------------------

    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 consistency 
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 
section 207(d) was enacted. See H.R. Rept. No. 96-1025, 96th Cong., 2d 
Sess., pp. 14, 15 (1980).

                  Section Referred to in Other Sections

    This section is referred to in sections 20111, 21301 of this title.
