49 U.S.C. § 40123 — Protection of voluntarily submitted information
submitted 30 years ago by Pub. L. 104-264 to r/title-49-TRANSPORTATION · 113 words · no verdicts yet
The FAA Administrator can keep voluntarily-given safety and security information private, even from public records requests. This applies only if disclosure would discourage people from sharing useful safety information. The Administrator must issue rules to carry this out.
(a) In General. Despite any other law, including the trade-secret exception to the Freedom of Information Act, neither the FAA Administrator nor any agency or outside party getting information from the Administrator can disclose voluntarily-given safety or security information, if the Administrator finds that (1) disclosing it would discourage people from sharing that kind of information, and that type of information helps the Administrator do the job of keeping aviation safe and secure, and (2) keeping it private fits with those safety and security duties.
(b) Regulations. The Administrator must issue rules to put this section into practice.
Notwithstanding any other provision of law, including section 552(b)(3)(B) of title 5, neither the Administrator of the Federal Aviation Administration, nor any agency or third party receiving information from the Administrator, shall disclose voluntarily-provided safety or security related information if the Administrator finds that—
the disclosure of the information would inhibit the voluntary provision of that type of information and that the receipt of that type of information aids in fulfilling the Administrator’s safety and security responsibilities; and
withholding such information from disclosure would be consistent with the Administrator’s safety and security responsibilities.
The Administrator shall issue regulations to carry out this section.
Source credit: (Added Pub. L. 104–264, title IV, § 402(a), Oct. 9, 1996, 110 Stat. 3255; amended Pub. L. 118–63, title III, § 354(a), May 16, 2024, 138 Stat. 1113.)
- 1996Enacted · Pub. L. 104-264 · 110 Stat. 3255
- 2024Amended · Pub. L. 118-63 · 138 Stat. 1113
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-264 on 1996-10-09.
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