§ 5122. Enforcement

Statutory text

General.—

At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.

Imminent Hazards.—

If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States—

to suspend or restrict the transportation of the hazardous material responsible for the hazard; or

to eliminate or mitigate the hazard.

On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.

Withholding of Clearance.—

If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.

Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.

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(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5122
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780
Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1996
Coast Guard Authorization Act of 1996
Pub. L. 104–324 title III § 312(a) · 110 Stat. 3901
Added · 49 U.S.C. § 5122(c)
Pub. L. 104–324 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–324 added subsec. (c).
Enacted provision · exact public law section
(a) Title 49, United States Code.— Section 5122 of title 49, United States Code, is amended by adding at the end the following new subsection: “(c) Withholding of Clearance.— (1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). “(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.”.
2005
Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 § 7126 · 119 Stat. 1144
Substituted · 49 U.S.C. § 5122(a)
Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Enacted provision · exact public law section
SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION. Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.
2005
Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 § 7119(a) · 119 Stat. 1144
1. Substituted · 49 U.S.C. § 5122(a)
  Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order”
2. Substituted · 49 U.S.C. § 5122(a)
  Pub. L. 109–59, § 7119(a), substituted “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”.
Enacted provision · exact public law section
(a) In General.— Section 5122(a) is amended— (1) in the first sentence by striking “chapter or a regulation prescribed or order” and inserting “chapter or a regulation prescribed or order, special permit, or approval”; and (2) by striking the second sentence and inserting the following: “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.”.
2005
Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
Pub. L. 109–59 § 7119(b) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5122(b)(1)(B)
Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”.
Enacted provision · exact public law section
(b) Imminent Hazards.— Section 5122(b)(1)(B) is amended by striking “or ameliorate the” and inserting “or mitigate the”.
2006
Pub. L. 109–304 § 17(h)(1) · 120 Stat. 1485
Substituted · 49 U.S.C. § 5122(c)(1)
Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively.
Enacted provision · exact public law section
(1) In section 5122(c)(1), strike “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” and substitute “Secretary of Homeland Security” and “section 60105 of title 46”, respectively.

7 of 7 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
5122(a)	49 App.:1808(a) (last sentence words after semicolon).	Jan. 3, 1975, Pub. L. 93–633, §§ 109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161.
	49 App.:1810(a).
5122(b)	49 App.:1810(b).	Jan. 3, 1975, Pub. L. 93–633, § 111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, § 3(b), 104 Stat. 3247.

In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words.

In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.

Editorial Notes

Amendments1996–2006 · 3 rounds

2006

Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively.

2005

Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”.

Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”.

1996

Subsec. (c). Pub. L. 104–324 added subsec. (c).

Credits

1994–2006 · 4 acts

1994Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780
1996Pub. L. 104–324, title III, § 312(a), Oct. 19, 1996, 110 Stat. 3920
2005Pub. L. 109–59, title VII, §§ 7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909
2006Pub. L. 109–304, § 17(h)(1), Oct. 6, 2006, 120 Stat. 1709.

Show as published

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, § 312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§ 7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, § 17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)