
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13508]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 135--JURISDICTION
 
               SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION
 
Sec. 13508. Limited authority over cooperative associations

    (a) In General.--Notwithstanding section 13506(a)(5), any 
cooperative association (as defined by section 15(a) of the Agricultural 
Marketing Act (12 U.S.C. 1141j(a))) or a federation of cooperative 
associations shall prepare and maintain such records relating to 
transportation provided by such association or federation, in such form 
as the Secretary or the Board may require by regulation to carry out the 
provisions of such section 13506(a)(5). The Secretary or the Board, or 
an employee designated by the Secretary or the Board, may on demand and 
display of proper credentials--
        (1) inspect and examine the lands, buildings, and equipment of 
    such association or federation; and
        (2) inspect and copy any record of such association or 
    federation.

    (b) Reports.--Notwithstanding section 13506(a)(5), the Secretary or 
the Board may require a cooperative association or federation of 
cooperative associations described in subsection (a) of this section to 
file reports with the Secretary or the Board containing answers to 
questions about transportation provided by such association or 
federation.
    (c) Enforcement.--The Secretary or the Board may bring a civil 
action to enforce subsections (a) and (b) of this section or a 
regulation or order of the Secretary or the Board issued under this 
section, when violated by a cooperative association or federation of 
cooperative associations described in subsection (a).
    (d) Reporting Penalties.--
        (1) In general.--A person required to make a report to the 
    Secretary or the Board, answer a question, or maintain a record 
    under this section, or an officer, agent, or employee of that 
    person, that--
            (A) does not make the report;
            (B) does not specifically, completely, and truthfully answer 
        the question; or
            (C) does not maintain the record in the form and manner 
        prescribed under this section;

    is liable to the United States for a civil penalty of not more than 
    $500 for each violation and for not more than $250 for each 
    additional day the violation continues.
        (2) Venue.--Trial in a civil action under paragraph (1) shall be 
    in the judicial district in which--
            (A) the cooperative association or federation of cooperative 
        associations has its principal office;
            (B) the violation occurred; or
            (C) the offender is found.

    Process in the action may be served in the judicial district of 
    which the offender is an inhabitant or in which the offender may be 
    found.

    (e) Evasion Penalties.--A person, or an officer, employee, or agent 
of that person, that by any means knowingly and willfully tries to evade 
compliance with the provisions of this section shall be fined at least 
$200 but not more than $500 for the first violation and at least $250 
but not more than $2,000 for a subsequent violation.
    (f) Recordkeeping Penalties.--A person required to make a report, 
answer a question, or maintain a record under this section, or an 
officer, agent, or employee of that person, that--
        (1) willfully does not make that report;
        (2) willfully does not specifically, completely, and truthfully 
    answer that question in 30 days from the date that the question is 
    required to be answered;
        (3) willfully does not maintain that record in the form and 
    manner prescribed;
        (4) knowingly and willfully falsifies, destroys, mutilates, or 
    changes that report or record;
        (5) knowingly and willfully files a false report or record under 
    this section;
        (6) knowingly and willfully makes a false or incomplete entry in 
    that record about a business-related fact or transaction; or
        (7) knowingly and willfully maintains a record in violation of a 
    regulation or order issued under this section;

shall be fined not more than $5,000.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 863.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10529 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
