§ 60120. — Enforcement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60120]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60120. Enforcement
(a) Civil Actions.--
(1) Civil actions to enforce this chapter.--At the request of
the Secretary of Transportation, the Attorney General may bring a
civil action in an appropriate district court of the United States
to enforce this chapter, including section 60112, or a regulation
prescribed or order 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 factors as prescribed for the Secretary in an administrative
case under section 60122.
(2) Civil actions to require compliance with subpoenas or allow
for inspections.--At the request of the Secretary, the Attorney
General may bring a civil action in a district court of the United
States to require a person to comply immediately with a subpena or
to allow an officer, employee, or agent authorized by the Secretary
to enter the premises, and inspect the records and property, of the
person to decide whether the person is complying with this chapter.
The action may be brought in the judicial district in which the
defendant resides, is found, or does business. The court may punish
a failure to obey the order as a contempt of court.
(b) Jury Trial Demand.--In a trial for criminal contempt for
violating an injunction issued under this section, the violation of
which is also a violation of this chapter, the defendant may demand a
jury trial. The defendant shall be tried as provided in rule 42(b) of
the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(c) Effect on Tort Liability.--This chapter does not affect the tort
liability of any person.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 107-
355, Sec. 8(b)(3), Dec. 17, 2002, 116 Stat. 2993.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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60120(a)(1)........................... 49 App.:1677(b)(2). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 10(b)(2); added Nov. 30,
1979, Pub. L. 96-129, Secs.
104(a)(1), 152(a), 93 Stat. 992, 999.
49 App.:1679b(a)(1). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 12(a); added Nov. 30, 1979,
Pub. L. 96-129, Sec. 104(b), 93 Stat.
993.
49 App.:2006(b)(2). Nov. 30, 1979, Pub. L. 96-129, Secs.
207(b)(2), (c), 209(a), 93 Stat. 1009,
1010.
49 App.:2008(a)(1).
60120(a)(2)........................... 49 App.:1681(f). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 14(f); added Oct. 24, 1992,
Pub. L. 102-508, Sec. 112(b), 106
Stat. 3295.
49 App.:2010(f). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 211(f); added Oct. 24,
1992, Pub. L. 102-508, Sec. 211(b),
106 Stat. 3304.
60120(b).............................. 49 App.:1679b(a)(2).
49 App.:2008(a)(2).
60120(c).............................. 49 App.:1677(c). Aug. 12, 1968, Pub. L. 90-481, Sec.
10(c), 82 Stat. 725; Nov. 30, 1979,
Pub. L. 96-129, Secs. 104(a)(1),
152(a), 93 Stat. 992, 999.
49 App.:2006(c).
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In subsection (a)(1), the text of 49 App.:1677(b)(2) and 2006(b)(2)
and the words ``shall have jurisdiction to determine such actions'' in
49 App.:1679b(a)(1) and 2008(a)(1) are omitted as redundant and because
of 28:1331 and 1345. The word ``civil'' is added for consistency in the
revised title and with other titles of the United States Code and
because of rule 2 of the Federal Rules of Civil Procedure (28 App.
U.S.C.). The words ``to enforce this chapter'' are substituted for ``for
equitable relief to redress or restrain a violation by any person of a
provision of this chapter'' to eliminate unnecessary words. The word
``prescribed'' is substituted for ``issued'' for consistency in the
revised title and with other titles of the Code. The words ``necessary
or . . . mandatory or prohibitive injunctive relief, interim equitable
relief, and'' are omitted as surplus.
In subsection (a)(2), 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, upon the request of the Attorney
General . . . have jurisdiction to issue to such person an order'' for
clarity and consistency and because of 28:1331 and 1345. The words
``contumacy or'' are omitted as surplus. The word ``premises'' is added
for clarity and consistency. The words ``or examine'' are omitted as
being included in ``inspect''.
In subsection (b), the words ``mandatory or prohibitive'' are
omitted as surplus. The words ``the defendant may demand a jury trial''
are substituted for ``trial shall be by the court or, upon demand of the
accused, by a jury'' to eliminate unnecessary words and for consistency
in the revised title and with other titles of the Code.
In subsection (c), the words ``common law or statutory'' are omitted
as surplus.
Amendments
Subsec. (a). Pub. L. 107-355 reenacted subsec. heading without
change, added par. (1) and struck out former par. (1), inserted par. (2)
heading and realigned margins. Prior to amendment, par. (1) read as
follows: ``On the request of the Secretary of Transportation, 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 issued under this chapter. The court may award
appropriate relief, including punitive damages.''
Section Referred to in Other Sections
This section is referred to in sections 60105, 60114 of this title.
