§ 20112. Enforcement by the Attorney General

Statutory text

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—

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;

to collect a civil penalty imposed or an amount agreed on in compromise under section 21301, 21302, or 21303 of this title; or

to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part.

Venue.—

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 20112
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2008
Pub. L. 110–432 § 309(1) · 122 Stat. 4848
Inserted · 49 U.S.C. § 20112(a)(1)
Pub. L. 110–432, § 309(1), inserted “this part, except for section 20109 of this title, or” after “enforce,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–432, § 309(1), inserted “this part, except for section 20109 of this title, or” after “enforce,”.
Enacted provision · exact public law section
(1) by inserting “this part, except for section 20109 of this title, or” in paragraph (1) after “enforce,”;
2008
Pub. L. 110–432 § 309(2) · 122 Stat. 4848
Substituted · 49 U.S.C. § 20112(a)(2)
Pub. L. 110–432, § 309(2), substituted “21301, 21302, or 21303” for “21301”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 110–432, § 309(2), substituted “21301, 21302, or 21303” for “21301”.
Enacted provision · exact public law section
(2) by striking “21301” in paragraph (2) and inserting “21301, 21302, or 21303”;
2008
Pub. L. 110–432 § 309(3) · 122 Stat. 4848
1. Substituted · 49 U.S.C. § 20112(a)(3)
  Pub. L. 110–432, § 309(3), (4), substituted “subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition” for “subpena”
2. Substituted · 49 U.S.C. § 20112(a)(3)
  Pub. L. 110–432, § 309(3), (4), substituted “part.” for “chapter.”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 110–432, § 309(3), (4), substituted “subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition” for “subpena” and “part.” for “chapter.”
Enacted provision · exact public law section
(3) by striking “subpena” in paragraph (3) and inserting “subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition”; and

5 of 5 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
20112(a)	45:437(a) (last sentence 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 sentence 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 Attorney 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 sentence related to venue).
	45:439(c) (related to actions by Attorney General).	Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 210(c) (related to actions by Attorney General); added Oct. 10, 1980, Pub. L. 96–423, § 9(b), 94 Stat. 1815.
20112(b)(2)	45:437(a) (last sentence related to venue).

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).

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 production of documents or other tangible things, or request for testimony by deposition” for “subpena” and “part.” for “chapter.”

Credits

1994–2008 · 2 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869
2008Pub. L. 110–432, div. A, title III, § 309, Oct. 16, 2008, 122 Stat. 4882.

Show as published

(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.)