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49 U.S.C. § 40119Sensitive security information

submitted 2 years ago by Pub. L. 118-63 to r/title-49-TRANSPORTATION · 294 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must block release of security information that would invade privacy or hurt safety. These rules cannot be used to hide wrongdoing, avoid embarrassment, or block competition. Congress can still get the information, and the FAA can share records with law enforcement.

(a) Disclosure. (1) The Secretary of Transportation must write rules blocking release of security-related information if disclosing it would (A) unreasonably invade someone's privacy, (B) reveal a trade secret or confidential business or financial information, or (C) hurt transportation safety. (2) This doesn't let information be withheld from an authorized congressional committee. (3) None of this lets the Secretary label information "sensitive security information" in order to (A) hide a legal violation, inefficiency, or administrative mistake, (B) avoid embarrassing someone, (C) block competition, or (D) delay releasing information that doesn't actually need protecting — including basic science not clearly tied to transportation security. (4) The Privacy Act (section 552a of title 5) doesn't block the FAA from sharing its records with federal law enforcement, intelligence, protective, immigration, or national-security officials to help them do their jobs. (b) Transfers of Duties and Powers Prohibited. Unless another law says otherwise, no duty or power under this section can be handed off to a different federal department, agency, or office.
the actual law source: uscode.house.gov ↗public domain
(a)Disclosure.—
(1)Regulations prohibiting disclosure.—

Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would—

(A)

be an unwarranted invasion of personal privacy;

(B)

reveal a trade secret or privileged or confidential commercial or financial information; or

(C)

be detrimental to transportation safety.

(2)Disclosure to congress.—

Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information.

(3)Rule of construction.—

Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to—

(A)

conceal a violation of law, inefficiency, or administrative error;

(B)

prevent embarrassment to a person, organization, or agency;

(C)

restrain competition; or

(D)

prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.

(4)Law enforcement disclosure.—

Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.

(b)Transfers of Duties and Powers Prohibited.—

Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.

Source credit: (Added Pub. L. 118–63, title II, § 223(a), May 16, 2024, 138 Stat. 1060.)

history & why it existsrecord from the source credit
  • 2024Enacted · Pub. L. 118-63 · 138 Stat. 1060

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-63 on 2024-05-16.

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