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LegalText 49 U.S.C. § 11904 Unlawful disclosure of information us united_states_code code_section 49 TRANSPORTATION 119 CIVIL AND CRIMINAL PENALTIES 11904 49 U.S.C. § 11904 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s11904 data/legal/raw/us/code/title-49/usc49.xml d3c43df545fa433972486752f0f7e214f1678bb51391448159594d4f38edbd05 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb 13017d6319da24f9eb1ea15ed08da5a26d44b97e60b159aa9bfe9bf4b56bc26c 2026-07-04 official
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49 U.S.C. § 11904 - Unlawful disclosure of information

Text

(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. 10488, title I, § 102(a), Dec. 29, 1995, 109 Stat. 851; amended Pub. L. 105102, § 2(6), Nov. 20, 1997, 111 Stat. 2204.)

Notes

Historical and Revision Notes

Pub. L. 105102This amends 49:11904(a)(2) to correct a grammatical error.

Editorial Notes

Prior ProvisionsProvisions 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. 10488, § 102(a). A prior section 11904, Pub. L. 95473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99521, § 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. 10488, § 102(a). See section 14904 of this title.

Amendments1997—Subsec. (a)(2). Pub. L. 105102 struck out “a” before “person”.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Jan. 1, 1996, except as otherwise provided in Pub. L. 10488, see section 2 of Pub. L. 10488, set out as a note under section 1301 of this title.