Page:United States Statutes at Large Volume 109 Part 1.djvu/947

 PUBLIC LAW 104-88—DEC. 29, 1995 109 STAT. 931 ^*§ 16103. Unlawful disclosure of information " (a) GENERAL PROHIBITION. —^A pipeline carrier providing transportation subject to this part, or an officer, agent, or employee of that carrier, or another person authorized to receive information from that carrier, that knowingly discloses to another person, except the shipper or consignee, or a person who solicits or knowingly receives information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under this part without the consent of the shipper or consignee, if that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, is liable to the United States for a civil penalty of not more than $1,000. "(b) LIMITATION ON STATUTORY CONSTRUCTION. — This part does not prevent a pipeline carrier providing transportation under this part from giving information— "(1) in response to legal process issued under authority of a court of the United States or a State; "(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or "(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business. "(c) BOARD EMPLOYEE. — An employee of the Board delegated to make an inspection or examination under section 15722 who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined under title 18 or imprisoned for not more than 6 months, or both. "§ 16104. Disobedience to subpenas "Whoever does not obey a subpena or requirement of the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both. "§ 16105. General criminal penalty when specific penalty not provided "When another criminal penalty is not provided under this chapter, a pipeline carrier providing transportation subject to this part, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined under title 18 or imprisoned not more than 2 years, or both. A separate violation occurs each day a violation of this part continues. "§ 16106. Punishment of corporation for violations committed by certain individuals "An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a pipeline carrier providing transportation or service subject to this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed

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