Page:United States Statutes at Large Volume 92 Part 2.djvu/184

 92 STAT. 1464 49 USC 11915.

Ante, p. 1359.

49 USC 11916. Ante, p. 1371.

PUBLIC LAW 95-473—OCT. 17, 1978 § 11915. Punishment of corporation for violations committed by certain individuals An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title that is a corporation is also a violation of this subtitle by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual. § 11916. Conclusiveness of rates in certain prosecutions When a carrier files with the Interstate Commerce Commission or publishes a particular rate under chapter 107 of this title or participates in one of those rates, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 11902 or 11903 of this title. A departure, or offer to depart, from that rate is a violation of those sections. CONFORMING AND TECHNICAL PROVISIONS

26 USC 48.

26 USC 185.

26 USC 250.

26 USC 281.

SEC. 2. (a)(1) Title 18, United States Code, is amended— (A) by striking out of the first definition of section 831 "common, contract, or private carrier, or freight forwarder as those terms are used in the Interstate Commerce Act, as amended" and substituting "common, contract, or motor private carrier, as those terms are defined in section 10102 of title 49"; and (B) by striking out of section 835(c) "by the Interstate Commerce Act" and substituting "under subtitle IV of title 49". (2) The Internal Revenue Code of 1954 (26 U.S.C. 1) is amended— (A) by striking out of section 48(a)(2)(B) (ii) "subject to part I of the Interstate Commerce Act" and substituting "providing transportation subject to subchapter I of chapter 105 of title 49"; (B) by striking out of section 185(e)(3)(B) "section 19a of part I of the Interstate Commerce Act (49 U.S.C. 19a)" and "such section 19a" and substituting "subchapter V of chapter 107 of title 49" and "such subchapter V", respectively; (C) by striking out of section 250(a)(1) "common carrier by railroad (as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1 (3))) " and substituting "rail carrier (as defined in section 10102 (17) of title 49)"; (D) by striking out of section 281(d)(1)(A) "subject to ^art I of the Interstate Commerce Act (49 U.S.C. 1 and following)" and substituting "providing transportation subject to subchapter I of chapter 105 of title 49"; (E) by striking out of section 281(d)(1)(B) "subject to part I of the Interstate Commerce Act" and suWituting "providing transportation subject to subchapter I of chapter 105 of title 49";

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