§11903. Rate, discrimination, and tariff violations

(a) A person that knowingly offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a common carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (1) at less than the rate in effect under chapter 107 of this title, or (2) by practicing discrimination, shall be fined at least $1,000 but not more than $20,000, imprisoned for not more than 2 years, or both.

(b) A carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to the jurisdiction of the Commission under that chapter, that willfully does not file and publish its rates or tariffs as required under chapter 107 of this title or observe those tariffs until changed under law, shall be fined at least $1,000 but not more than $20,000, imprisoned for not more than 2 years, or both.

(c) When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to subsection (a) or (b) of this section are considered to be the actions and omissions of that carrier or shipper as well as that person.

(d) Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457 .)

In subsection (a), the words "offers, grants, gives, solicits, accepts, or receives by any means" are substituted for "to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination in respect . . . whereby any . . . shall by any device whatever" for clarity in view of section 10761(a) of the revised title. The words "or (2) by practicing discrimination" are substituted for "or whereby any other advantage is given or discrimination is practiced" for consistency. See the revision note to section 10101 of the revised title. The words "transportation or service provided for property by a common carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title" are substituted for "in interstate or foreign commerce and the Acts amendatory thereof" for consistency. The words "than the rate in effect under chapter 107 of this title" are substituted for "than that named in the tariffs published and filed by such carrier, as is required by said Act to regulate commerce and the Acts amendatory thereof" for clarity.

In subsection (b), the word "strictly" is omitted as surplus. The words "shall be a misdemeanor, and upon conviction thereof" are omitted as unnecessary in view of title 18. The proviso in 49:41(1) (2d sentence) is omitted as unnecessary and the penalty of imprisonment provided by it is incorporated in subsections (a) and (b).

In subsection (c), the words "in construing and enforcing the provisions of this section" are omitted as surplus. The word "omissions" is substituted for "omission, or failure" as being more inclusive.

In subsection (d), the words "Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes" are omitted as unnecessary in view of title 18. The words "Trial in a criminal action under this section" are added for clarity. The words "any part of the violation is committed" are substituted for "in which such violation was committed . . . and whenever the offense is begun in one jurisdiction and completed in another" as being more inclusive. The words "it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein" are omitted as unnecessary in view of the restatement.

Section Referred to in Other Sections

This section is referred to in sections 11126, 11916 of this title.