Page:United States Statutes at Large Volume 108 Part 2.djvu/325

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1041 (b) WITNESS FEES AND MILEAGE.— A witness summoned under subsection (a) of this section is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (c) CIVIL ACTIONS TO ENFORCE. —A civil action to enforce a subpena or order of the Secretary under subsection (a) of this section may be brought in the United States district court for the judicial district in which the proceeding by the Secretary is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court. (d) CONFIDENTIALITY OF INFORMATION.— Information obtained by the Secretary under this section related to a confidential matter referred to in section 1905 of title 18 may be disclosed only to another officer or employee of the United States Government for use in carrying out this chapter. This subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. § 32308. General prohibitions, civil penalty, and enforcement (a) PROHIBITIONS.— A person may not— (1) fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or (2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter. (b) CIVIL PENALTY. — (1) A person that violates subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to provide information or comply with a regulation in violation of subsection (a) is a separate violation. The maximum penalty under this subsection for a related series of violations is $400,000. (2) The Secretary may compromise the amount of a civil penalty imposed under this section. (3) In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered. (4) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. (c) CIVIL ACTIONS To ENFORCE.— (1) The Attorney General may bring a civil action in a United States district court to enjoin a violation of subsection (a) of this section. (2) When practicable, the Secretary shall— (A) notify a person against whom an action under this subsection is planned; (B) give the person an opportunity to present that person's views; and (C) give the person a reasonable opportunity to comply. (3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief. (d) VENUE AND SERVICE.—^A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial district in which

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