
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: 49USC46309]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
                         CHAPTER 463--PENALTIES
 
Sec. 46309. Concession and price violations

    (a) Criminal Penalty for Offering, Granting, Giving, or Helping To 
Obtain Concessions and Lower Prices.--An air carrier, foreign air 
carrier, ticket agent, or officer, agent, or employee of an air carrier, 
foreign air carrier, or ticket agent shall be fined under title 18 if 
the air carrier, foreign air carrier, ticket agent, officer, agent, or 
employee--
        (1) knowingly and willfully offers, grants, or gives, or causes 
    to be offered, granted, or given, a rebate or other concession in 
    violation of this part; or
        (2) by any means knowingly and willfully assists, or willingly 
    allows, a person to obtain transportation or services subject to 
    this part at less than the price lawfully in effect.

    (b) Criminal Penalty for Receiving Rebates, Privileges, and 
Facilities.--A person shall be fined under title 18 if the person by any 
means--
        (1) knowingly and willfully solicits, accepts, or receives a 
    rebate of a part of a price lawfully in effect for the foreign air 
    transportation of property, or a service related to the foreign air 
    transportation; or
        (2) knowingly solicits, accepts, or receives a privilege or 
    facility related to a matter the Secretary of Transportation 
    requires be specified in a currently effective tariff applicable to 
    the foreign air transportation of property.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1238.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46309(a)..............................  49 App.:1472(d)(1).              Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          902(d
)(1), 72 Stat. 785; Jan. 3, 1975,
                                                                          Pub L
. 93-623, Sec.  8(b), 88 Stat.
                                                                          2105.
46309(b)..............................  49 App.:1472(d)(2).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  902(d)(2); added Jan. 3,
                                                                          1975,
 Pub. L. 93-623, Sec.  8(b), 88
                                                                          Stat.
 2106.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``fined under title 18'' are substituted 
for ``a fine of not less than $100 and not more than $5,000'' and 
``fined not less than $100, nor more than $5,000'' for consistency with 
title 18. The words ``for each offense'' are omitted as surplus. The 
words ``fares, or charges'' are omitted as surplus because of the 
definition of ``rate'' in section 40102(a) of the revised title.
    In subsection (a), before clause (1), the word ``representative'' is 
omitted as surplus. The words ``shall be deemed guilty of a 
misdemeanor'' are omitted as superseded by 18:3559. The words ``and, 
upon conviction thereof'' are omitted as surplus. In clause (2), the 
words ``device or'' and ``suffer or'' are omitted as surplus.
    In subsection (b), before clause (1), the words ``by any means'' are 
substituted for ``in any manner or by any device'' for consistency in 
this section and to eliminate unnecessary words. In clauses (1) and (2), 
the word ``foreign'' is added for clarity because only foreign air 
transportation has regulated prices. In clause (1), the word ``rebate'' 
is substituted for ``refund or remittance'' for consistency in this 
section. In clause (2), the word ``favor'' is omitted as being included 
in ``privilege''.
