Sec. 329. Restoration of authority
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Chapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following: The Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, 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— be an unwarranted invasion of personal privacy; reveal a trade secret or privileged or confidential commercial or financial information; or be detrimental to transportation safety.
Paragraph
(1)of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information. Nothing in paragraph
(1)shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)— to conceal a violation of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to 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. Section 552a of title 5, United States Code, 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. 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 United States Government. . The amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if it had never been repealed by the FAA Reauthorization Act of 2018 ( Public Law 115–254 ; 132 Stat. 3186). The analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following: 40119. Security and research and development activities. . Section 44912 of title 49, United States Code, is amended in subsection
(d)by striking paragraph
(2)and redesignating paragraph
(3)as paragraph (2).
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- 132 Stat. 3186
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