
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 140(b)(1)]
[Document affected by Public Law 107-71 Section 140(b)(2)]
[CITE: 49USC46107]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
               CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
 
Sec. 46107. Enforcement by the Attorney General

    (a) Civil Actions To Enforce Section 40106(b).--The Attorney General 
may bring a civil action in a district court of the United States 
against a person to enforce section 40106(b) of this title. The action 
may be brought in the judicial district in which the person does 
business or the violation occurred.
    (b) Civil Actions To Enforce This Part.--(1) On request of the 
Secretary of Transportation (or the Administrator of the Federal 
Aviation Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator), the Attorney 
General may bring a civil action in an appropriate court--
        (A) to enforce this part or a requirement or regulation 
    prescribed, or an order or any term of a certificate or permit 
    issued, under this part; and
        (B) to prosecute a person violating this part or a requirement 
    or regulation prescribed, or an order or any term of a certificate 
    or permit issued, under this part.

    (2) The costs and expenses of a civil action shall be paid out of 
the appropriations for the expenses of the courts of the United States.
    (c) Participation of Secretary or Administrator.--On request of the 
Attorney General, the Secretary or Administrator, as appropriate, may 
participate in a civil action under this part.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1229.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46107(a)..............................  49 App.:1487(a) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         Attorney General).               1007(
a) (related to Attorney General),
                                                                          72 St
at. 796; Aug. 5, 1974, Pub. L. 93-
                                                                          366, 
Sec.  108, 88 Stat. 414.
46107(b)..............................  49 App.:1487(b) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                         Secretary and CAB).              1007(
b) (related to Administrator and
                                                                          CAB),
 1008 (related to Administrator
                                                                          and C
AB), 72 Stat. 796.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
46107(c)..............................  49 App.:1488 (related to
                                         Secretary and CAB).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``may bring a civil action'' are 
substituted for ``may apply'' for consistency in the revised title and 
with other titles of the United States Code and rule 2 of the Federal 
Rules of Civil Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) 
(words after semicolon related to Attorney General) is omitted as 
surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil 
Procedure.
    In subsection (b)(1), before clause (A), the words ``Attorney 
General'' are substituted for ``any district attorney of the United 
States to whom the Board or Secretary of Transportation may apply'', and 
the words ``under the direction of the Attorney General'' are omitted, 
because of 28:503 and 509. The words ``bring a civil action'' are 
substituted for ``institute . . . and to prosecute . . . all necessary 
proceedings'' for consistency in the revised title and with other titles 
of the Code and rule 2 of the Federal Rules of Civil Procedure. In 
clauses (A) and (B), the words ``prescribed'' and ``issued'' are added 
for consistency in the revised title and with other titles of the Code. 
The words ``condition, or limitation'' are omitted as being included in 
``term''.
    In subsection (b)(2), the words ``civil action'' are substituted for 
``prosecutions'' for consistency in the revised title and with other 
titles of the Code.
    In subsection (c), the words ``civil action'' are substituted for 
``proceeding in court'' for consistency in the revised title and with 
other titles of the Code and rule 2 of the Federal Rules of Civil 
Procedure.
