Page:United States Statutes at Large Volume 108 Part 2.djvu/153

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 869 This subsection does not affect the Secretary's authority under section 20104 of this title to act on an emergency basis. (d) REGULATIONS REQUIRING REPORTING OF REMEDIAL ACTIONS. — (1) The Secretary shall prescribe regulations to require that a railroad carrier notified by the Secretary that imposition of a civil penalty will be recommended for a failure to comply with this part, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions, shall report to the Secretary, not later than the 30th day after the end of the month in which the notification is received— (A) actions taken to remedy the failure; or (B) if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay. (2) The Secretary— (A) not later than June 3, 1993, shall issue a notice of Notice. a regulatory proceeding for proposed regulations to carry out this subsection; and (B) not later than September 3, 1994, shall prescribe final regulations to carry out this subsection. § 20112. Enforcement by the Attorney General (a) CIVIL ACTIONS. —^.\t the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district court of the United States— (1) to enjoin a violation of, or to enforce, a railroad safety regulation prescribed or order issued by the Secretary; (2) to collect a civil penalty imposed or an amount agreed on in compromise under section 21301 of this title; or (3) to enforce a subpena issued by the Secretary under this chapter. (b) VENUE.— (1) 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. (2) 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. § 20113. Enforcement by the States (a) INJUNCTIVE RELIEF.— I f 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.—I f the Secretary does not impose the applicable civil penalty for a violation