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49 U.S.C. § 40119 — Sensitive security information

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40119 — Sensitive security information

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) shall not apply to disclosures that the Administrator may make from the s

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Stable record: federal_law:legal_authorities:record_usc_505b68b88152b532443aaa87
Source file: Laws/federal/codes/united-states-code/title-49/section-40119-sensitive-security-information--107bf7b82c.md
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Source location: Title 49, Chapter 401, § 40119; chapter-401-general-provisions.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 115 — Transportation Security Oversight Board

**(a) In General.—** There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”. **(b) Membership.—** (1) **Number and appointment.—** — The Board shall be composed of 7 members as follows: (A) The Secretary of Homeland Security, or the Secretary’s designee. (B) The Secretary of Transportation, or the Secretary’s designee. (C) The Attorney General, or the Attorney General’s designee. (D) The Secretary of Defense, or the Secretary’s designee. (E) The Secretary of the Treasury, or the Secretary’s designee. (F) The Director of National Intelligence, or the Director’s designee. (G) One member appointed by the President to represent the National Security Council. (2) **Chairperson.—** — The Chairperson of the Board shall be the Secretary of Homeland Security. **(c) Duties.—** The Board shall— (1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive; (2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation; (3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate; (4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security; (5) review plans for transportation security; (6) make recommendations to the Administrator regarding matters reviewed under paragraph (5). **(d) Quarterly Meetings.—** The Board shall me

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 115

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44921 — Federal flight deck officer program

**(a) Establishment.—** The Administrator shall establish a program to deputize volunteer pilots of air carriers providing air transportation or intrastate air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as “Federal flight deck officers”. **(b) Procedural Requirements.—** (1) **In general.—** — The Administrator shall establish procedural requirements to carry out the program under this section. (2) **Commencement of program.—** — The Administrator shall train and deputize pilots who are qualified to be Federal flight deck officers as Federal flight deck officers under the program. (3) **Issues to be addressed.—** — The procedural requirements established under paragraph (1) shall address the following issues: (A) The type of firearm to be used by a Federal flight deck officer. (B) The type of ammunition to be used by a Federal flight deck officer. (C) The standards and training needed to qualify and requalify as a Federal flight deck officer. (D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency. (E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft. (F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers. (G) Procedures for ensuring that the firearm of a F

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44921

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40119 — Sensitive security information

Page 1093 TITLE 49—TRANSPORTATION § 40119 In subsection (e), the word ‘‘affect’’ is substituted for ‘‘prevent’’ for clarity. The words ‘‘to such traffic’’ are omitted as surplus. PUB. L. 104–287, § 5(68)(A) This amends the catchline for 49:40118(d) to make a clarifying amendment. PUB. L. 104–287, § 5(68)(B) This amends 49:40118(f)(1) to make a clarifying amendment. Editorial Notes AMENDMENTS 2024—Subsec. (g)(1). Pub. L. 118–63 substituted ‘‘detec- tion and reporting of potential severe forms of traf- ficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)’’ for ‘‘detection and reporting of potential human trafficking (as de- scribed in paragraphs (9) and (10)’’. 2019—Subsec. (g). Pub. L. 115–425 added subsec. (g). 2018—Subsec. (f)(1). Pub. L. 115–232, § 836(g)(9)(A), sub- stituted ‘‘commercial products’’ for ‘‘commercial items’’. Subsec. (f)(2). Pub. L. 115–232, § 836(g)(9)(B), sub- stituted ‘‘commercial product’’ for ‘‘commercial item’’. 2011—Subsec. (f)(2). Pub. L. 111–350 substituted ‘‘sec- tion 103 of title 41’’ for ‘‘section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))’’. 2003—Subsec. (f)(2). Pub. L. 108–176 inserted ‘‘, except that it shall not include a contract for the transpor- tation by air of passengers’’ before period at end. 1998—Subsec. (d). Pub. L. 105–277, § 1422(b)(6), sub- stituted ‘‘or the Administrator of the Agency for Inter- national Development’’ for ‘‘the Director of the United States International Development Cooperation Agen- cy’’. Pub. L. 105–277, § 1335(p), struck out ‘‘, the Director of the United States Information Agency,’’ after ‘‘Sec- retary of State’’. Pub. L. 105–277, § 1225(h), struck out ‘‘, or the Director of the Arms Control and Disarma

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40119

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