Page:United States Statutes at Large Volume 109 Part 1.djvu/946

 109 STAT. 930 PUBLIC LAW 104-88—DEC. 29, 1995 " CHAPTER 161—CIVIL AND CRIMINAL PENALTIES "CHAPTER 161—CIVIL AND CRIMINAL PENALTIES "Sec. "16101. General civil penalties. "16102. Recordkeeping and reporting violations. "16103. Unlawful disclosure of information. "16104. Disobedience to subpenas. "16105. General criminal penalty when specific penalty not provided. "16106. Punishment of corporation for violations committed by certain individuals. "§ 16101. General civil penalties "(a) GENERAL.—Except as otherwise provided in this section, a pipehne carrier providing transportation subject to this part, an officer or agent of that carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues. "(b) RECORDKEEPING AND REPORTING.— "(1) RECORDS.—^A person required under chapter 157 to make, prepare, preserve, or submit to the Board a record concerning transportation subject to this part that does not make, prepare, preserve, or submit that record as required under that chapter, is liable to the United States for a civil penalty of $500 for each violation. "(2) INSPECTION.— ^A carrier providing transportation subject to this part, and a lessor, receiver, or trustee of that carrier, violating section 15722, is liable to the United States for a civil penalty of $100 for each violation. "(3) REPORTS. —^A carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that carrier, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States for a civil penalty of $100 for each violation. "(4) CONTINUED VIOLATION. —^A separate violation occurs for each day violation under this subsection continues. "(d) VENUE. — Trial in a civil action under this section is in the judicial district in which the carrier has its principal operating office. "§ 16102. Recordkeeping and reporting violations "A person required to make a report to the Board, or make, prepare, or preserve a record, under chapter 157 about transportation subject to this part that knowingly and willfully— "(1) makes a false entry in the report or record, "(2) destroys, mutilates, changes, or by another means falsifies the record, "(3) does not enter business related facts and transactions in the record, "(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board, or "(5) files a false report or record with the Board, shall be fined under title 18 or imprisoned not more than 2 years, or both.

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