
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 140(d)(6)]
[CITE: 49USC46311]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
                         CHAPTER 463--PENALTIES
 
Sec. 46311. Unlawful disclosure of information

    (a) Criminal Penalty.--The Secretary of Transportation, the 
Administrator of the Federal Aviation Administration with respect to 
aviation safety duties and powers designated to be carried out by the 
Administrator, or an officer or employee of the Secretary or 
Administrator shall be fined under title 18, imprisoned for not more 
than 2 years, or both, if the Secretary, Administrator, officer, or 
employee knowingly and willfully discloses information that--
        (1) the Secretary, Administrator, officer, or employee acquires 
    when inspecting the records of an air carrier; or
        (2) is withheld from public disclosure under section 40115 of 
    this title.

    (b) Nonapplication.--Subsection (a) of this section does not apply 
if--
        (1) the officer or employee is directed by the Secretary or 
    Administrator to disclose information that the Secretary or 
    Administrator had ordered withheld; or
        (2) the Secretary, Administrator, officer, or employee is 
    directed by a court of competent jurisdiction to disclose the 
    information.

    (c) Withholding Information From Congress.--This section does not 
authorize the Secretary or Administrator to withhold information from a 
committee of Congress authorized to have the information.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1239.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46311(a), (b).........................  49 App.:1472(f) (words before    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         proviso).                        902(f
), 72 Stat. 785.
                                        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.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
46311(c)..............................  49 App.:1472(f) (proviso).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the word ``Administrator'' in section 902(f) of the 
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 785) is 
retained on authority of 49:106(g).
    In subsection (a), before clause (1), the words ``fined under title 
18'' are substituted for ``a fine of not more than $5,000'' for 
consistency with title 18. The words ``upon conviction thereof be 
subject for each offense'' are omitted as surplus. The words ``any fact 
or'' are omitted as being included in ``information''. In clause (1), 
the words ``the Secretary, Administrator, officer, or employee 
acquires'' are substituted for ``may come to his knowledge'' for clarity 
and consistency.
    In subsection (b)(2), the words ``or a judge thereof'' are omitted 
as surplus.
    In subsection (c), the word ``duly'' is omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in section 106 of this title.
