Page:United States Statutes at Large Volume 109 Part 1.djvu/868

This page needs to be proofread.


109 STAT. 852 PUBLIC LAW 104-88—DEC. 29, 1995 "(3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business. "(d) An employee of the Board delegated to make an inspection or examination under section 11144 of this title 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 not more than $500, imprisoned for not more than 6 months, or both. "(e) A person that knowingly discloses confidential data made available to such person under section 11163 of this title by a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall be fined not more than $50,000. ^^§ 11905. Disobedience to subpoenas "A person not obeying a subpoena or requirement of the Board to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.

    • § 11906. General criminal penalty when specific penalty not

provided "When another criminal penalty is not provided under this chapter, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, and when that rail 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 not more than $5,000. The person may be imprisoned for not more than 2 years in addition to being fined under this section. A separate violation occurs each day a violation of this title continues. § 11907. Punishment of corporation for violations committed by certain individuals "An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a rail carrier providing transportation or service subject to the jurisdiction of the Board under 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 by that rail carrier are considered to be the actions and omissions of that rail carrier as well as that individual.

    • § 11908. Relation to other Federal criminal penalties

"Notwithstanding section 3571 of title 18, United States Code, the criminal penalties provided for in this chapter are the exclusive criminal penalties for violations of this part.". (b) CONFORMING AMENDMENT. —The item relating to subtitle IV in the table of subtitles of title 49, United States Code, is amended by striking "Commerce" and inserting in lieu thereof " Transportation". SEC. 103. MOTOR CARRIER, WATER CARRIER, AND FREIGHT FOR- WARDER PROVISIONS. Subtitle IV of title 49, United States Code, is further amended by adding at the end the following: