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Code · U.S. Code · Title 49 - TRANSPORTATION · CHAPTER 401— GENERAL PROVISIONS · § 40119

§ 40119. Sensitive security information

514 words·~2 min read·/usc/title-49/section-40119

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(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.
(Added Pub. L. 118–63, title II, § 223(a), May 16, 2024, 138 Stat. 1060.)
Connections105 cite this · traces to 4
Cited by 105 sections · top 48
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13 references not yet in our index
  • 138 Stat. 1060
  • Pub. L. 103–272, § 1(e)
  • 108 Stat. 1117
  • Pub. L. 107–71, title I, § 101(e)
  • 115 Stat. 603
  • Pub. L. 107–296, title XVI, § 1601(a)
  • 116 Stat. 2312
  • Pub. L. 111–83, title V, § 561(c)(2)
  • 123 Stat. 2182
  • Pub. L. 112–95, title VIII, § 801
  • 126 Stat. 118
  • 132 Stat. 3627
  • 138 Stat. 1061
Citation graph
cites case law
§ 40119
Sensitive security information
Fed. Reg.×98
U.S.C.×3
Pub. L.×2
Stat. Comp.×2
Stat.138 Stat. 1060
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 1117
Pub. L.Pub. L. 107–71, title I, § 101(e)
Stat.115 Stat. 603
Cites 17 · showing 9Cited by 105 across 4 sources
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