49 CFR Chapter 3 Section 329

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§ 328

TITLE 49—TRANSPORTATION

included in ‘‘Department’’. The words ‘‘Amounts in the
fund, in excess of amounts’’ are added for clarity. The
words ‘‘any surplus found in the fund . . . above the’’
after ‘‘miscellaneous receipts’’ are omitted because of
the restatement of this section. The words ‘‘to establish and’’ before ‘‘maintain’’ are omitted because the
working capital fund has been established. The words
‘‘deposited in the Treasury’’ are substituted for ‘‘covered into the United States Treasury’’ for consistency.
The words ‘‘are . . . in determining the amount of the
excess’’ are added for clarity.

§ 328. Transportation Systems Center working
capital fund
(a) The Department of Transportation has a
Transportation Systems Center working capital
fund. Amounts in the fund are available for financing the activities of the Center, including
research, development, testing, evaluation,
analysis, and related activities the Secretary of
Transportation approves, for the Department,
other agencies, State and local governments,
other public authorities, private organizations,
and foreign countries.
(b) Amounts in the fund are available without
regard to fiscal year limitation. Amounts may
be appropriated to the fund.
(c) The capital of the fund consists of—
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1,
1980, including unexpended advances made to
the Center for which valid obligations were incurred before October 1, 1980;
(3) the reasonable value of property and
other assets transferred to the fund after September 30, 1980, less the related liabilities and
unpaid obligations; and
(4) the reasonable value of property and
other assets donated to the fund.
(d) The fund shall be reimbursed or credited
with—
(1) advance payments from applicable funds
or appropriations of the Department and other
agencies, and with advance payments from
other sources, the Secretary authorizes, for—
(A) services at rates that will recover the
expenses of operation, including the accrual
of annual leave and overhead; and
(B) acquiring property and equipment
under regulations the Secretary prescribes;
and
(2) receipts from the sale or exchange of
property or in payment for loss or damage of
property held by the fund.
(e) The Secretary shall deposit at the end of
each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that
the Secretary decides are in excess of the needs
of the fund.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2425.)
HISTORICAL AND REVISION NOTES
Revised
Section
328(a) .........

328(b) .........

Source (U.S. Code)

Source (Statutes at Large)

49:1657(r)(1) (1st sentence, 2d sentence
words before last
comma, last sentence).
49:1657(r)(1) (2d sentence words after
last comma),
(2)(B) (words after
last comma).

Oct. 15, 1966, Pub. L. 89–670,
80 Stat. 931, § 9(r); added
May 30, 1980, Pub. L.
96–254, § 207, 94 Stat. 413.

Page 78

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
328(c) .........
328(d) .........
328(e) .........

Source (U.S. Code)

Source (Statutes at Large)

49:1657(r)(2)(A), (B)
(words before last
comma), (C).
49:1657(r)(3).
49:1657(r)(4).

In subsection (a), the words ‘‘Department of Transportation has’’ are substituted for ‘‘Secretary is authorized to establish’’ because the working capital fund
has been established. The text of 49:1657(r)(1) (2d sentence words before last comma) are omitted as executed. The words ‘‘The Transportation Systems Center
is authorized to perform’’ are omitted as unnecessary
because of the restatement. The word ‘‘approves’’ is
substituted for ‘‘direct . . . and, when approved by the
Secretary’’ to eliminate unnecessary words. The words
‘‘or his designee’’ are omitted because of section 322(b)
of the revised title.
In subsection (c)(3) and (4), the words ‘‘fair and’’ are
omitted as surplus.
In subsection (c)(3), the words ‘‘by the Department
and other agencies of the Government’’ are omitted as
surplus.
In subsection (c)(4), the words ‘‘from other sources’’
are omitted as surplus.
In subsection (d)(1), before clause (A), the words ‘‘or
his designee’’ are omitted because of section 322(b) of
the revised title.
In subsection (e), the words ‘‘The Secretary shall deposit’’ are substituted for ‘‘there shall be transferred’’
for clarity and consistency. The words ‘‘in the fund’’
are added for clarity.

§ 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.

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§ 329

TITLE 49—TRANSPORTATION

(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.
(e) INCIDENTS AND COMPLAINTS INVOLVING PASSENGER AND BAGGAGE SECURITY SCREENING.—
(1) PUBLICATION OF DATA.—The Secretary of
Transportation shall publish data on incidents
and complaints involving passenger and baggage security screening in a manner comparable to other consumer complaint and incident data.
(2) MONTHLY REPORTS FROM SECRETARY OF
HOMELAND SECURITY.—To assist in the publication of data under paragraph (1), the Secretary
of Transportation may request the Secretary
of Homeland Security to periodically report
on the number of complaints about security
screening received by the Secretary of Homeland Security.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2426;
Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub.
L. 98–443, § 5(a), Oct. 4, 1984, 98 Stat. 1705; Pub. L.
103–272, § 4(j)(7), July 5, 1994, 108 Stat. 1366; Pub.
L. 104–287, § 5(3), Oct. 11, 1996, 110 Stat. 3389; Pub.
L. 108–176, title IV, § 421, title VIII, § 805(a), Dec.
12, 2003, 117 Stat. 2551, 2587.)
AMENDMENT OF SUBSECTION (b)(1)
Pub. L. 108–176, title VIII, § 805, Dec. 12, 2003,
117 Stat. 2588, provided that, effective on the
date of the issuance of a final rule to modernize
the Origin and Destination Survey of Airline
Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15,
1998 (Regulation Identifier Number 2105–AC71),
that reduces the reporting burden for air carriers through electronic filing of the survey data
collected under subsection (b)(1) of this section,
subsection (b)(1) of this section is amended by
striking ‘‘except that in no case’’ and all that
follows through the semicolon at the end and
inserting the following: ‘‘except that, if the Sec-

retary requires air carriers to provide flight-specific information, the Secretary—
‘‘(A) shall not disseminate fare information
for a specific flight to the general public for a
period of at least 9 months following the date of
the flight; and
‘‘(B) shall give due consideration to and address confidentiality concerns of carriers, including competitive implications, in any rulemaking prior to adoption of a rule requiring the
dissemination to the general public of any
flight-specific fare;’’.
HISTORICAL AND REVISION NOTES
PUB. L. 97–449
Revised
Section
329(a) .........

Source (U.S. Code)
49:1634.
49:1655(a)(2)(A) (related to 49:1634).

329(b) .........

49:1352.

329(c)(1) .....

49:1657(n)(1) (less
last 17 words).
49:1657(n)(1) (last 17
words), (2).
49:1343(b).

329(c)(2) .....
329(d) .........

Source (Statutes at Large)
Sept. 30, 1965, Pub. L. 89–220,
§ 4, 79 Stat. 893.
Oct. 15, 1966, Pub. L. 89–670,
§§ 6(a)(2)(A) (related to § 4
of the Act of Sept. 30,
1965), 9(n), 80 Stat. 937, 946.
Aug. 23, 1958, Pub. L. 85–726,
§ 311, 72 Stat. 751.

Aug. 23, 1958, Pub. L. 85–726,
§ 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

§ 330

TITLE 49—TRANSPORTATION

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
2003—Subsec. (e). Pub. L. 108–176, § 421, added subsec.
(e).
1996—Subsec. (b)(1). Pub. L. 104–287, § 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, § 5(3)(B), substituted
‘‘that part’’ for ‘‘that Act’’.
1994—Subsec. (b)(1). Pub. L. 103–272, § 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, § 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 2003 AMENDMENT
Amendment by section 421 of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003,
except as otherwise specifically provided, see section 3
of Pub. L. 108–176, set out as a note under section 106 of
this title.
Pub. L. 108–176, title VIII, § 805(b), Dec. 12, 2003, 117
Stat. 2588, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
on the date of the issuance of a final rule to modernize
the Origin and Destination Survey of Airline Passenger
Traffic, pursuant to the Advance Notice of Proposed
Rulemaking published July 15, 1998 (Regulation Identi-

Page 80

fier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under section 329(b)(1) of title 49,
United States Code.’’
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.’’

§ 330. Research contracts
(a) The Secretary of Transportation may
make contracts with educational institutions,
public and private agencies and organizations,
and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show
that it is able to carry out the contract.
(b) In carrying out this section, the Secretary
shall—
(1) give advice and assistance the Secretary
believes will best carry out the duties and
powers of the Secretary;
(2) participate in coordinating all research
started under this section;
(3) indicate the lines of inquiry most important to the Secretary; and
(4) encourage and assist in establishing and
maintaining cooperation by and between contractors and between them and other research
organizations, the Department of Transportation, and other departments, agencies, and
instrumentalities of the United States Government.
(c) The Secretary may distribute publications
containing information the Secretary considers
relevant to research carried out under this section.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2427.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

330(a) .........

49:1657(q)(1).

330(b) .........

49:1657(q)(2) (1st sentence).
49:1657(q)(2) (less 1st
sentence).
49:1657(q)(3).

330(c) .........

Source (Statutes at Large)
Oct. 15, 1966, Pub. L. 89–670,
§ 9(q)(1)–(3), 80 Stat. 947.

In subsection (a), the words ‘‘may make contracts’’
are substituted for ‘‘is authorized to enter into contracts’’ to eliminate unnecessary words. The words
‘‘the conduct of’’ before ‘‘scientific’’ are omitted as surplus. The words ‘‘a problem’’ are substituted for ‘‘any
aspect of the problems’’ because of the style of the revised title. The words ‘‘carried out by the Secretary’’
are substituted for ‘‘of the Department which are authorized by statute’’ because the Secretary of Transportation is vested with all duties and powers. The
words ‘‘Before making a contract’’ are substituted for
‘‘with which he expects to enter into contracts pursuant to this subsection’’ for clarity and to eliminate unnecessary words. The words ‘‘is able to carry out the
contract’’ are substituted for ‘‘have the capability of
doing effective work’’ for clarity.
In subsection (b), before clause (1), the words ‘‘In carrying out this section’’ are added for clarity. In clause
(1), the word ‘‘give’’ is substituted for ‘‘furnish’’ before
‘‘such advice’’ for consistency. The words ‘‘duties and
powers of the Secretary’’ are substituted for ‘‘mission
of the Department’’ for clarity and consistency. In