
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC329]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 329. Transportation information

    (a) The Secretary of Transportation may collect and collate 
transportation information the Secretary decides will contribute to the 
improvement of the transportation system of the United States. To the 
greatest practical extent, the Secretary shall use information available 
from departments, agencies, and instrumentalities of the United States 
Government and other sources. To the extent practical, the Secretary 
shall make available to other Government departments, agencies, and 
instrumentalities and to the public the information collected under this 
subsection.
    (b) The Secretary shall--
        (1) collect and disseminate information on civil aeronautics 
    (other than that collected and disseminated by the National 
    Transportation Safety Board under chapter 11 of this title) 
    including, at a minimum, information on (A) the origin and 
    destination of passengers in interstate air transportation (as that 
    term is used in part A of subtitle VII of this title), and (B) the 
    number of passengers traveling by air between any two points in 
    interstate air transportation; except that in no case shall the 
    Secretary require an air carrier to provide information on the 
    number of passengers or the amount of cargo on a specific flight if 
    the flight and the flight number under which such flight operates 
    are used solely for interstate air transportation and are not used 
    for providing essential air transportation under subchapter II of 
    chapter 417 of this title;
        (2) study the possibilities of developing air commerce and the 
    aeronautical industry; and
        (3) exchange information on civil aeronautics with governments 
    of foreign countries through appropriate departments, agencies, and 
    instrumentalities of the Government.

    (c)(1) On the written request of a person, a State, territory, or 
possession of the United States, or a political subdivision of a State, 
territory, or possession, the Secretary may--
        (A) make special statistical studies on foreign and domestic 
    transportation;
        (B) make special studies on other matters related to duties and 
    powers of the Secretary;
        (C) prepare, from records of the Department of Transportation, 
    special statistical compilations; and
        (D) provide transcripts of studies, tables, and other records of 
    the Department.

    (2) The person or governmental authority requesting information 
under paragraph (1) of this subsection must pay the actual cost of 
preparing the information. Payments shall be deposited in the Treasury 
in an account that the Secretary shall administer. The Secretary may use 
amounts in the account for the ordinary expenses incidental to getting 
and providing the information.
    (d) To assist in carrying out duties and powers under part A of 
subtitle VII of this title, the Secretary of Transportation shall 
maintain separate cooperative agreements with the Secretary of Defense 
and the Administrator of the National Aeronautics and Space 
Administration for the timely exchange of information on their programs, 
policies, and requirements directly related to carrying out that part.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2426; Pub. L. 98-216, 
Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98-443, Sec. 5(a), Oct. 4, 
1984, 98 Stat. 1705; Pub. L. 103-272, Sec. 4(j)(7), July 5, 1994, 108 
Stat. 1366; Pub. L. 104-287, Sec. 5(3), Oct. 11, 1996, 110 Stat. 3389.)

                                          Historical and Revision Notes
                                                 Pub. L. 97-449
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
329(a)................................  49:1634.                         Sept. 
30, 1965, Pub. L. 89-220, Sec.
                                                                          4, 79
 Stat. 893.
                                        49:1655(a)(2)(A) (related to     Oct. 1
5, 1966, Pub. L. 89-670, Secs.
                                         49:1634).                        6(a)(
2)(A) (related to Sec.  4 of the
                                                                          Act o
f Sept. 30, 1965), 9(n), 80 Stat.
                                                                          937, 
946.
329(b)................................  49:1352.                         Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          311, 
72 Stat. 751.
329(c)(1).............................  49:1657(n)(1) (less last 17
                                         words).
329(c)(2).............................  49:1657(n)(1) (last 17 words),
                                         (2).
329(d)................................  49:1343(b).                      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          302(d
), 72 Stat. 746.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``information'' is substituted for 
``data, statistics, and other information'' in 49:1634 to eliminate 
unnecessary words. The words ``transportation system of the United 
States'' are substituted for ``national transportation system'' in 
49:1634 for clarity and consistency. The words ``in carrying out this 
activity'' before ``the Secretary shall'' in 49:1634 are omitted as 
surplus. The words ``departments, agencies, and instrumentalities of the 
United States Government'' are substituted for ``Federal agencies'' in 
49:1634 for clarity and consistency. The words ``To the greatest extent 
practical'' are substituted for ``insofar as practicable'' in 49:1634 
for consistency. The words ``The Secretary shall'' are added for 
clarity.
    In subsection (b), the words ``by the National Transportation Safety 
Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. 
1441 et seq.) or the Civil Aeronautics Board under title IV of that Act 
(49 U.S.C. 1371 et seq.)'' are substituted for ``the Board under 
subchapter IV and VII of this chapter)'' in 49:1352 because 49:1655(d) 
(1st sentence) transferred duties of the Civil Aeronautics Board under 
49:ch. 20, subch. VII to the Secretary of Transportation to be carried 
out through the National Transportation Safety Board. The reference to 
the National Transportation Safety Board is to the independent Board 
established by section 303(a) of the Independent Safety Board Act of 
1974 (Pub. L. 93-633, 88 Stat. 2167) outside the Department of 
Transportation and not to the prior Board that was a part of the 
Department. The words ``departments, agencies, and instrumentalities of 
the Government'' are substituted for ``government channels'' in 49:1352 
for clarity and consistency.
    In subsection (c)(1), the words ``of the United States'' are added 
for clarity and consistency. The words ``of a State, territory, or 
possession'' are substituted for ``thereof'' after ``subdivision'' for 
clarity. The words ``related to the duties and powers of the Secretary'' 
are substituted for ``falling within the province of the Department'' 
for clarity and consistency.
    In subsection (c)(2), the words ``governmental authority requesting 
information under paragraph (1) of this subsection'' are substituted for 
``body requesting it'' for clarity and consistency. The word 
``separate'' before ``account'' is omitted as unnecessary and for 
consistency. The words ``must pay'' are substituted for ``upon the 
payment'' after ``other records'' for clarity. The words ``preparing the 
information'' are substituted for ``such work'' after ``actual cost of'' 
for clarity. The word ``payments'' is substituted for ``All moneys 
received by the Department in payment of the cost of work under 
paragraph (1)'' to eliminate unnecessary words. The words ``in the 
Treasury'' are added for clarity and consistency. The words ``The 
Secretary may use amounts in the account'' are substituted for ``These 
moneys may be used, in the discretion of the Secretary'' for clarity and 
to eliminate unnecessary words. The words ``to getting and providing the 
information'' are substituted for ``to the work and/or to secure in 
connection therewith the special services of persons who are neither 
officers nor employees of the United States'' for clarity and to 
eliminate unnecessary words.
    In subsection (d), the words ``in carrying out duties and powers 
under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.)'' are 
substituted for ``in discharge of responsibilities under this chapter'' 
in 49:1343(b) because of the transfer of aviation functions to the 
Secretary under 49:1655(c)(1) and for consistency. The words ``directly 
related to carrying out that part'' are substituted for ``directly 
relating to such responsibilities'' in 49:1343(b) because of the 
restatement of the source provisions.


                             Pub. L. 103-272

    Section 4(j)(7) amends 49:329 to omit references to overseas air 
transportation because there no longer is a distinction between 
interstate air transportation and overseas air transportation.


                             Pub. L. 104-287

    This amends 49:329 to make conforming amendments necessary because 
of the codification enacted by section 1 of the Act of July 5, 1994 
(Public Law 103-272, 108 Stat. 745).


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-287, Sec. 5(3)(A), substituted 
``(as that term is used in part A of subtitle VII of this title)'' for 
``(as those terms are used in such Act)''.
    Subsec. (d). Pub. L. 104-287, Sec. 5(3)(B), substituted ``that 
part'' for ``that Act''.
    1994--Subsec. (b)(1). Pub. L. 103-272, Sec. 4(j)(7)(A), substituted 
``chapter 11 of this title'' for ``title VII of the Federal Aviation Act 
of 1958 (49 U.S.C. 1441 et seq.)'', ``in interstate air transportation'' 
for ``in interstate and overseas air transportation'' in two places, 
``for interstate air transportation'' for ``for interstate or overseas 
air transportation'', and ``subchapter II of chapter 417 of this title'' 
for ``section 419 of the Federal Aviation Act of 1958''.
    Subsec. (d). Pub. L. 103-272, Sec. 4(j)(7)(B), substituted ``part A 
of subtitle VII of this title'' for ``the Federal Aviation Act of 1958 
(49 App. U.S.C. 1301 et seq.)''.
    1984--Subsec. (b)(1). Pub. L. 98-443 struck out reference to 
information collected and disseminated by the Civil Aeronautics Board 
under section 1371 et seq. of this title, and added cls. (A) and (B).
    Pub. L. 98-216 substituted ``49 App. U.S.C.'' for ``49 U.S.C.''.
    Subsec. (d). Pub. L. 98-216 substituted ``49 App. U.S.C.'' for ``49 
U.S.C.''.


                    Effective Date of 1984 Amendment

    Section 5(b) of Pub. L. 98-443 provided that: ``The amendment made 
by this section [amending this section] shall take effect on January 1, 
1985.''
