§ 20111. Enforcement by the Secretary of Transportation
(a)
Exclusive Authority.—
The Secretary of Transportation has exclusive authority—
(1)
to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
(2)
except as provided in section
20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
(b)
Compliance Orders.—
The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part.
(c)
Orders Prohibiting Individuals From Performing Safety-Sensitive Functions.—
(1)
If an individual’s violation of this part, chapter
51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter
51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified conditions are met.
(2)
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—