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49 U.S.C. § 40123 — Protection of voluntarily submitted information
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Notwithstanding any other provision of law, including [section 552(b)(3)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim), 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—
(1) 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
(2) withholding such information from disclosure would be consistent with the Administrator’s safety and security responsibilities.
**(b) Regulations.—** The Administrator shall issue regulations to carry out this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40123
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Stable record: federal_law:legal_authorities:record_usc_0ca68960642298980f2aa2c8
Source file: Laws/federal/codes/united-states-code/title-49/section-40123-protection-of-voluntarily-submitted-information--6d3e9d096a.md
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Source location: Title 49, Chapter 401, § 40123; chapter-401-general-provisions.md
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**(a) In General.—** Notwithstanding any other provision of law, including [section 552(b)(3)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim), 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—
(1) 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
(2) withholding such information from disclosure would be consistent with the Administrator’s safety and security responsibilities.
**(b) Regulations.—** The Administrator shall issue regulations to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided by subsection (c), a report, data, or other information described in subsection (b) shall not be disclosed to the public by the Administrator of the Federal Aviation Administration pursuant to [section 552(b)(3)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim)—
(1) if the report, data, or other information is submitted to the Federal Aviation Administration voluntarily and is not required to be submitted to the Administrator under any other provision of law;
(2) if the report, data, or other information is submitted to the Federal Aviation Administration pursuant to section 102(e) of the Aircraft Certification, Safety, and Accountability Act; or
(3) if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system required by regulation.
**(b) Applicability.—** The limitation established by subsection (a) shall apply to the following:
(1) Reports, data, or other information developed under the Aviation Safety Action Program.
(2) Reports, data, or other information produced or collected under the Flight Operational Quality Assurance Program.
(3) Reports, data, or other information developed under the Line Operations Safety Audit Program.
(4) Reports, data, or other information produced or collected for purposes of developing and implementing a safety management system acceptable to the Administrator.
(5) Reports, analyses, and directed studies, based in whole or in part on reports, data, or other information described in paragraphs (1) through (4), including those prepared under the Aviation Safety Information Analysis and Sharing Program (or any succ
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44735
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promoting Safety.—** The Administrator of the Federal Aviation Administration shall promote safe flight of civil aircraft in air commerce by prescribing—
(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, cybersecurity, and performance of aircraft, aircraft engines, and propellers;
(2) regulations and minimum standards in the interest of safety for—
(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;
(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and
(5) regulations and minimum standards for cybersecurity and other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security.
**(b) Prescribing Minimum Safety Standards.—** The Administrator may prescribe minimum safety standards for—
(1) an air carrier to whom a certificate is issued under [section 44705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and
(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.
**(
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Administration.—** — The term “Administration” means the Federal Aviation Administration.
(2) **Administrator.—** — The term “Administrator” means the Administrator of the Federal Aviation Administration.
(3) **Applicable individual.—** — The term “applicable individual” means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.
(4) **Contract tower.—** — The term “contract tower” means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under section 47124.
(5) **Covered flight record.—** — The term “covered flight record” means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s Bill of Rights ([49 U.S.C. 44703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44703&num=0&edition=prelim) note)), created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such as contract towers, flight service stations, and controller training programs.
**(b) Provision of Covered Flight Record to Administration.—**
(1) **Requests.—** — Whenever the Administration receives a written request for a covered flight record from an applicable individual and the covered flight record is not in the possession of the Administration, the Administrator shall request the covered flight record from the contract tower or other contractor of the Administration in possession of the covered flight record.
(2) **Provision of records.—** — Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Administration
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47124a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1099
TITLE 49—TRANSPORTATION
§ 40123
‘‘(c) OFFICE OF INVESTIGATIONS AND PROFESSIONAL RE-
SPONSIBILITY.—The Administrator shall take such ac-
tion as may be necessary to redesignate the Office of
Investigations of the Administration as the Office of
Investigations and Professional Responsibility.
‘‘(d) MISCONDUCT INVESTIGATIONS.—
‘‘(1) IN GENERAL.—The Administrator shall review
and revise the Administration’s existing investiga-
tive policies that govern the investigation of mis-
conduct by a manager of the Administration con-
ducted by the FAA (in this subsection referred to as
the ‘Agency’).
‘‘(2)
PRESERVATION
OF
COLLECTIVE
BARGAINING
AGREEMENTS.—The investigative policy established
under paragraph (1) shall not apply to, or in the fu-
ture, be extended by the Administrator to apply to,
any employee who is not a manager or is covered by
or eligible to be covered by a collective bargaining
agreement entered into by the Agency.
‘‘(3) REQUIREMENTS.—In revising the investigative
policies, the Administrator shall ensure such policies
require—
‘‘(A) the utilization of investigative best prac-
tices to ensure independent and objective investiga-
tion and accurate recording and reporting of such
investigation;
‘‘(B) the management of case files to ensure the
integrity of the information contained in such case
files;
‘‘(C) interviews be conducted in a manner that en-
sures, to the greatest extent possible, truthful an-
swers and accurate records of such interviews;
‘‘(D) coordination with the Office of the Inspector
General of the Department of Transportation, the
Office of the Special Counsel, and the Attorney
General, as appropriate; and
‘‘(E) the completion of investigations in a timely
manner.
‘‘(4) DEFINITION.—For purposes of this subsection
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40123
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