§ 24103. Enforcement

Statutory text

General.—

Except as provided in paragraph (2) of this subsection, only the Attorney General may bring a civil action for equitable relief in a district court of the United States when Amtrak or a rail carrier—

engages in or adheres to an action, practice, or policy inconsistent with this part or chapter 229;

obstructs or interferes with an activity authorized under this part or chapter 229;

refuses, fails, or neglects to discharge its duties and responsibilities under this part or chapter 229; or

threatens—

to engage in or adhere to an action, practice, or policy inconsistent with this part or chapter 229;

to obstruct or interfere with an activity authorized by this part or chapter 229; or

to refuse, fail, or neglect to discharge its duties and responsibilities under this part or chapter 229.

An employee affected by any conduct or threat referred to in paragraph (1) of this subsection, or an authorized employee representative, may bring the civil action if the conduct or threat involves a labor agreement.

Review of Discontinuance or Reduction.—

A discontinuance of a route, a train, or transportation, or a reduction in the frequency of transportation, by Amtrak is reviewable only in a civil action for equitable relief brought by the Attorney General.

Venue.—

Except as otherwise prohibited by law, a civil action under this section may be brought in the judicial district in which Amtrak or the rail carrier resides 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. § 24103
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901
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:
2019
Department of Transportation Reports Harmonization Act
Pub. L. 115–420 § 7(b)(3)(A)(i)(II) · 132 Stat. 5444
Inserted · 49 U.S.C. § 24103(a)(1)
Pub. L. 115–420 inserted “or chapter 229” after “this part” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 115–420 inserted “or chapter 229” after “this part” wherever appearing.
Enacted provision · exact public law section
(II) in section 24103, by inserting “or chapter 229” after “this part” each place it appears;

2 of 2 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
24103(a)	45:547(a) (1st sentence less words between 13th–15th commas).	Oct. 30, 1970, Pub. L. 91–518, § 307(a) (1st sentence), (b), 84 Stat. 1333.
24103(b)	45:547(a) (last sentence).	Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 307(a) (last sentence); added Aug. 13, 1981, Pub. L. 97–35, § 1179, 95 Stat. 693.
24103(c)	45:547(a) (1st sentence words between 13th–15th commas), (b).

In subsections (a) and (b), the words “may bring a civil action”, “may bring the civil action”, and “in a civil action brought by” are substituted for “upon petition of” and “on petition of” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (a)(1), before clause (A), the words “Except as provided in paragraph (2) of this subsection” are added for clarity. The word “only” is added for clarity. See National Railroad Passenger Corp. et al. v. National Association of Railroad Passengers, 414 U.S. 453 (1974). In clauses (A) and (D)(i), the words “the policies and purposes of” are omitted as surplus.

In subsection (a)(2), the word “duly” is omitted as surplus.

In subsection (b), the words “in any court” are omitted as surplus.

Subsection (c) is substituted for 45:547(a) (1st sentence words between 13th–15th commas) for consistency in the revised title and with other titles of the United States Code. The text of 45:547(b) is omitted as surplus.

Editorial Notes

Amendments

2019—Subsec. (a)(1). Pub. L. 115–420 inserted “or chapter 229” after “this part” wherever appearing.

Credits

1994–2019 · 2 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901
2019Pub. L. 115–420, § 7(b)(3)(A)(i)(II), Jan. 3, 2019, 132 Stat. 5447.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 901; Pub. L. 115–420, § 7(b)(3)(A)(i)(II), Jan. 3, 2019, 132 Stat. 5447.)