49 U.S.C. § 6313 — Mandatory response authority for freight data collection
submitted 14 years ago by Pub. L. 112-141 to r/title-49-TRANSPORTATION · 231 words · no verdicts yet
An owner, official, agent, person in charge, or assistant connected with a qualifying freight entity shall be fined if that individual neglects or refuses to answer requested questions completely and correctly or provide records or statistics in that individual’s official custody. The fine shall be no more than $500, or no more than $10,000 if the individual willfully gives a false answer.
(a) Freight Data Collection. (1) In general. An owner, official, agent, person in charge, or assistant to the person in charge of a freight corporation, company, business, institution, establishment, or organization described in paragraph (2) shall be fined under subsection (b) if that individual neglects or refuses, when the Director* or another authorized officer, employee, or contractor of the “Bureau*” requests data under section 6302(b)(3)(B), to do either of the following: (A) Answer completely and correctly, to the best of that individual’s knowledge, all questions relating to the corporation, company, business, institution, establishment, or other organization. (B) Make available records or statistics in that individual’s official custody. This section does not define “Director,” “authorized officer,” “employee,” “contractor,” “Bureau,” “data,” or “official custody.” (2) Description of entities. A freight corporation, company, business, institution, establishment, or organization referred to in paragraph (1) is one that—(A) receives “Federal funds relating to the freight program”; and (B) has consented to be subject to a fine under this subsection for—(i) refusing to supply any requested data; or (ii) failing to respond to a written request. This section does not define “Federal funds” or “freight program.”
(b) Fines. (1) In general. Subject to paragraph (2), an individual described in subsection (a) shall be fined not more than $500. (2) Willful actions. If an individual willfully gives a false answer to a question described in subsection (a)(1), that individual shall be fined not more than $10,000.
An owner, official, agent, person in charge, or assistant to the person in charge of a freight corporation, company, business, institution, establishment, or organization described in paragraph (2) shall be fined in accordance with subsection (b) if that individual neglects or refuses, when requested by the Director* or other authorized officer, employee, or contractor of the Bureau* to submit data under section 6302(b)(3)(B)—
to answer completely and correctly to the best knowledge of that individual all questions relating to the corporation, company, business, institution, establishment, or other organization; or
to make available records or statistics in the official custody of the individual.
A freight corporation, company, business, institution, establishment, or organization referred to in paragraph (1) is a corporation, company, business, institution, establishment, or organization that—
receives Federal funds relating to the freight program; and
has consented to be subject to a fine under this subsection on—
refusal to supply any data requested; or
failure to respond to a written request.
Subject to paragraph (2), an individual described in subsection (a) shall be fined not more than $500.
If an individual willfully gives a false answer to a question described in subsection (a)(1), the individual shall be fined not more than $10,000.
Source credit: (Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 895.)
- 2012Enacted · Pub. L. 112-141 · 126 Stat. 895
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-141 on 2012-07-06.
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