§24103 — Title 49 Transportation | U.S. Code

Summary

Only the Attorney General can file a federal lawsuit to make Amtrak or a rail carrier stop or fix these problems: breaking rules in this part or in chapter 229, blocking or interfering with an allowed activity, failing to carry out duties, or threatening to do any of those things. If the issue involves a labor agreement, an employee who is directly affected or an authorized employee representative may file the lawsuit instead. If Amtrak drops a route, cancels a train, or reduces how often service runs, only the Attorney General can challenge that in court. Unless another law says otherwise, the suit can be filed in the federal court where Amtrak or the rail carrier is located.

Title 49, §24103

Transportation — Source: USLM XML via OLRC

(a)(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 or chapter 229;

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

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

(D)threatens—

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

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

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

(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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

§24103 Enforcement