Penalty .—
Setoff .—
Deposit in Treasury .—
Pub. L. 103–272, § 1(e)108 Stat. 891Pub. L. 104–287, § 5(53)110 Stat. 3393Pub. L. 110–432, div. A, title II, § 204(d)122 Stat. 4871Pub. L. 117–58, div. B, title II, § 22418135 Stat. 749(, , ; , , ; , title III, § 302(a), , , 4878; , , .)
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Historical and Revision Notes |
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Pub. L. 103–272 |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
21301(a)(1) | 45:438(a). | Oct. 16, 1970, Pub. L. 91–458, § 209(a), 84 Stat. 975; restated Jan. 14, 1983, Pub. L. 97–468, § 706, 96 Stat. 2581; June 22, 1988, Pub. L. 100–342, § 3(a)(1), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, § 9(a)(1), 106 Stat. 977. |
| 45:438(c) (1st, 3d sentences). | Oct. 16, 1970, Pub. L. 91–458, § 209(c) (1st, 3d, 5th–8th sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, § 3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, § 4(c)(1), 106 Stat. 974. |
21301(a)(2) | 45:438(b) (related to rules, regulations, orders, or standards issued under this subchapter). | Oct. 16, 1970, Pub. L. 91–458, § 209(b) (related to rules, regulations, orders, or standards issued under this title), 84 Stat. 975; Jan. 3, 1975, Pub. L. 93–633, § 204(a), 88 Stat. 2165; June 22, 1988, Pub. L. 100–342, § 3(a)(2), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, § 4(a)(1), 106 Stat. 973. |
21301(a)(3) | 45:438(c) (5th, 6th sentences). | |
21301(b) | 45:438(c) (7th sentence). | |
21301(c) | 45:438(c) (8th sentence). | |
In subsection (a), the words “impose” and “imposed” are substituted for “assessed”, for consistency in the revised title.
Railway Labor Executives’ Ass’nDoleNationwide Rail Safety: Hearing Before the Subcommittee on Transportation, Tourism, and Hazardous Materials of the House Energy and Commerce CommitteeIn subsection (a)(1), the first 2 sentences are substituted for 45:438(a) and (c) (1st sentence) for consistency in the revised title and to eliminate unnecessary words. The words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The word “shall” in 45:438(c) (1st sentence) is retained from the source provisions. For a discussion of whether the authority of the Secretary of Transportation to impose a penalty is mandatory or permissive, see v. , 760 F.2d 1021, 1024, 1025 (9th Cir. 1985); H.R. Conf. Rept. No. 100–637, 100th Cong., 2d Sess., p. 20; 134 Cong. Rec. H3470, (daily ed.); 134 Cong. Rec. S7510, (daily ed.). See also 134 Cong. Rec. E1946, (daily ed.). For an extended discussion of FRA’s prosecutorial discretion, see , 100th Cong., 1st Sess., pp. 54–65 (1987). See also section 6 of this bill that provides that this bill restates, without substantive change, the provisions of law replaced by this bill, and that this bill may not be construed as making a substantive change in the law restated. Therefore, the word “shall” in this subsection has the same meaning it has under existing law. The words “A separate violation” are substituted for “a separate offense” for consistency.
In subsection (a)(3), the words “may compromise the amount . . . to not less than $500” are substituted for “may, however, be compromised . . . for any amount, but in no event for an amount less than the minimum provided in subsection (b) of this section” for clarity and to eliminate unnecessary words. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (c), the words “deposited in” are substituted for “covered into” for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287
section 1 of the Act of July 5, 1994Public Law 103–272108 Stat. 891This amends 49:21301(a)(1) to clarify the restatement of 45:438(a) by (, ).
Editorial Notes
Amendments
Pub. L. 117–582021—Subsec. (a)(3), (4). added pars. (3) and (4) and struck out former par. (3). Prior to amendment, par. (3) read as follows: “The Secretary may compromise the amount of a civil penalty imposed under this subsection to not less than $500 before referring the matter to the Attorney General for collection. In determining the amount of a compromise, the Secretary shall consider—
“(A) the nature, circumstances, extent, and gravity of the violation;
“(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
“(C) other matters that justice requires.”
Pub. L. 110–432, § 204(d)(1)section 20160 of this title2008—Subsec. (a)(1). , inserted “with section 20160 or” after “comply” and “ or” after “violating”.
Pub. L. 110–432, § 302(a)Subsec. (a)(2). , substituted “$25,000.” for “$10,000.” and “$100,000.” for “$20,000.”
Pub. L. 110–432, § 204(d)(2)section 20160 of this title, inserted “The Secretary shall impose a civil penalty for a violation of .” after first sentence.
Pub. L. 104–287, § 5(53)(B)1996—Subsec. (a)(1). , substituted “Secretary under chapter 201 is liable” for “Secretary of Transportation under chapter 201 of this title is liable”.
Pub. L. 104–287, § 5(53)(A), inserted “A person may not fail to comply with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title.” before “Subject to”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–287section 8(1) of Pub. L. 104–287section 5303 of this titleAmendment by effective , see , set out as a note under .