
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC11904]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                CHAPTER 119--CIVIL AND CRIMINAL PENALTIES
 
Sec. 11904. Unlawful disclosure of information

    (a) A--
        (1) rail carrier providing transportation subject to the 
    jurisdiction of the Board under this part, or an officer, agent, or 
    employee of that rail carrier, or another person authorized to 
    receive information from that rail carrier, that knowingly discloses 
    to another person, except the shipper or consignee; or
        (2) person who solicits or knowingly receives,

information described in subsection (b) without the consent of the 
shipper or consignee shall be fined not more than $1,000.
    (b) The information referred to in subsection (a) is information 
about the nature, kind, quantity, destination, consignee, or routing of 
property tendered or delivered to that rail carrier for transportation 
provided under this part, or information about the contents of a 
contract authorized under section 10709 of this title, that 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.
    (c) This part does not prevent a rail carrier providing 
transportation subject to the jurisdiction of the Board 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 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.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
851; amended Pub. L. 105-102, Sec. 2(6), Nov. 20, 1997, 111 Stat. 2204.)


                      Historical and Revision Notes

                             Pub. L. 105-102

    This amends 49:11904(a)(2) to correct a grammatical error.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 11910 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).
    A prior section 11904, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1457; 
Pub. L. 99-521, Sec. 13(a), Oct. 22, 1986, 100 Stat. 2998, related to 
additional rate and discrimination violations, prior to the general 
amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). See section 
14904 of this title.


                               Amendments

    1997--Subsec. (a)(2). Pub. L. 105-102 struck out ``a'' before 
``person''.

                  Section Referred to in Other Sections

    This section is referred to in section 333 of this title.
