49-U.S.C.-24103

§24103 – Enforcement

Pathway

Title 49 > Subtitle V > Part C > Chapter 241 > Section 24103

Details

• Reference: Section 24103
• Legend: §24103 – Enforcement
• USCode Year: 2013

Provision Content

(a) General.—(1) 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—

(A) engages in or adheres to an action, practice, or policy inconsistent with this part;

(B) obstructs or interferes with an activity authorized under this part;

(C) refuses, fails, or neglects to discharge its duties and responsibilities under this part; or

(D) threatens—

(i) to engage in or adhere to an action, practice, or policy inconsistent with this part;

(ii) to obstruct or interfere with an activity authorized by this part; or

(iii) to refuse, fail, or neglect to discharge its duties and responsibilities under this part.

(2) 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.

(b) 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.

(c) 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.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 901.)

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.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-22503 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-22503, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

49-U.S.C.-22502 in the Legal Encyclopedia: Transport Programs

In this entry about 49-U.S.C.-22502, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.

49-U.S.C.-22702 in the Legal Encyclopedia: Rail Programs

In this entry about 49-U.S.C.-22702, find legal reference material, bibliographies and premiere content related to rail programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States rail programs-specific issues, written by authorities in the field.

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