49 U.S.C. § 46311 — Unlawful disclosure of information
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 292 words · no verdicts yet
Transportation officials can't leak certain private airline information. Breaking this rule means up to 2 years in prison and a fine. Exceptions apply if a court or the Secretary orders the disclosure.
(a) Criminal Penalty. The Secretary of Transportation, the TSA Administrator (for security duties), or the FAA Administrator (for aviation safety duties) — or one of their officers or employees — is fined under title 18, imprisoned up to 2 years, or both, if they knowingly and willfully disclose information that (1) they got while inspecting an air carrier's records, or (2) is withheld from public disclosure under section 40115.
(b) Nonapplication. Subsection (a) does not apply if (1) the officer or employee was directed by the Secretary, TSA Administrator, or FAA Administrator to disclose information that official had ordered withheld, or (2) the disclosure was ordered by a court with proper jurisdiction.
(c) Withholding Information From Congress. This section does not let the Secretary, TSA Administrator, or FAA Administrator withhold information from a congressional committee that is authorized to have it.
The Secretary of Transportation, the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration, or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration, or an officer or employee of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall be fined under title 18, imprisoned for not more than 2 years, or both, if the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee knowingly and willfully discloses information that—
the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee acquires when inspecting the records of an air carrier; or
is withheld from public disclosure under section 40115 of this title.
Subsection (a) of this section does not apply if—
the officer or employee is directed by the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to disclose information that the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration had ordered withheld; or
the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee is directed by a court of competent jurisdiction to disclose the information.
This section does not authorize the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to withhold information from a committee of Congress authorized to have the information.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, § 140(d)(6), Nov. 19, 2001, 115 Stat. 642; Pub. L. 115–254, div. K, title I, § 1991(g)(3), Oct. 5, 2018, 132 Stat. 3644.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1239
- 2001Amended · Pub. L. 107-71 · 115 Stat. 642
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3644
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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