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 Disarmament Agency’’ before ‘‘may be used to pay’’. 1996—Subsec. (c). Pub. L. 104–316 substituted ‘‘Admin- istrator of General Services shall prescribe regulations under which agencies may’’ for ‘‘Comptroller General shall’’. Subsec. (d). Pub. L. 104–287, § 5(68)(A), substituted ‘‘CERTAIN TRANSPORTATION BY AIR OUTSIDE THE UNITED STATES’’ for ‘‘TRANSPORTATION BY FOREIGN AIR CAR- RIERS’’ in heading. Subsec. (f). Pub. L. 104–287, § 5(68)(B), inserted head- ing. 1994—Subsec. (f). Pub. L. 103–355 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 115–425, title I, § 111(b), Jan. 8, 2019, 132 Stat. 5475, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to any contract entered into after the date of enactment of this Act [Jan. 8, 2019] except for contracts entered into by the Secretary of Defense.’’ EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1225(h) of Pub. L. 105–277 effec- tive on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. Amendment by section 1335(p) of Pub. L. 105–277 effec- tive on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorga- nization plan described in section 6601 of Title 22, For- eign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under sec- tion 6531 of Title 22. Amendment by section 1422(b)(6) of Pub. L. 105–277 ef- fective on earlier of Apr. 1, 1999, or date of abolition of the United States International Development Coopera- tion Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Inter- course, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of Title 22. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of Title 41, Public Con- tracts. § 40119. Sensitive security information (a) DISCLOSURE.— (1) REGULATIONS PROHIBITING DISCLOSURE.— Notwithstanding the establishment of a De- partment of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regula- tions prohibiting disclosure of information ob- tained 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 infor- mation; or (C) be detrimental to transportation safe- ty. (2) DISCLOSURE TO CONGRESS.—Paragraph (1) shall not be construed to authorize informa- tion to be withheld from a committee of Con- gress authorized to have such information. (3) RULE OF CONSTRUCTION.—Nothing in para- graph (1) shall be construed to authorize the designation of information as sensitive secu- rity information (as such term is defined in section 15.5 of title 49, Code of Federal Regula- tions) to— (A) conceal a violation of law, inefficiency, or administrative error; (B) prevent embarrassment to a person, or- ganization, or agency; (C) restrain competition; or (D) prevent or delay the release of infor- mation that does not require protection in the interest of transportation security, in- cluding basic scientific research information not clearly related to transportation secu- rity. Page 1094 TITLE 49—TRANSPORTATION § 40120 (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 Ad- ministration 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 PROHIB- ITED.—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.) Editorial Notes PRIOR PROVISIONS A prior section 40119, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107–71, title I, § 101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107–296, title XVI, § 1601(a), Nov. 25, 2002, 116 Stat. 2312; Pub. L. 111–83, title V, § 561(c)(2), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 112–95, title VIII, § 801, Feb. 14, 2012, 126 Stat. 118, related to re- search and development activities to protect pas- sengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security and regulations prohibiting disclosure of information obtained or developed in ensuring security under this title, prior to repeal by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 118–63, title II, § 223(b), May 16, 2024, 138 Stat. 1061, provided that: ‘‘The amendments made by this section [enacting this section] shall be effective as of October 5, 2018, and all authority restored to the Sec- retary [of Transportation] and the FAA [Federal Avia- tion Administration] under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254) [see Prior Provisions note above].’’ § 40120. Relationship to other laws (a) NONAPPLICATION.—Except as provided in the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.), the navigation and ship- ping laws of the United States and the rules for the prevention of collisions do not apply to air- craft or to the navigation of vessels related to those aircraft. (b) EXTENDING APPLICATION OUTSIDE UNITED STATES.—The President may extend (in the way and for periods the President considers nec- essary) the application of this part to outside the United States when— (1) an international arrangement gives the United States Government authority to make the extension; and (2) the President decides the extension is in the national interest. (c) ADDITIONAL REMEDIES.—A remedy under this part is in addition to any other remedies provided by law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1117.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40120(a) ...... 49 App.:1509(a). Aug. 23, 1958, Pub. L. 85–726, §§ 1106, 1109(a), 1110, 72 Stat. 798, 799, 800. 40120(b) ...... 49 App.:1510. 40120(c) ...... 49 App.:1506. In subsection (a), the words ‘‘International Naviga- tional Rules Act of 1977 (33 U.S.C. 1601 et seq.)’’ are sub- stituted for ‘‘sections 143 to 147d of title 33’’ because those sections were repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608. The words ‘‘including any definition of ‘vessel’ or ‘vehicle’ found therein’’ and ‘‘be construed to’’ are omitted as surplus. In subsection (b), before clause (1), the words ‘‘to the extent’’, ‘‘of time’’, and ‘‘any areas of land or water’’ are omitted as surplus. The words ‘‘and the overlying airspace thereof’’ are omitted as being included in ‘‘outside the United States’’. In clause (1), the words ‘‘treaty, agreement or other lawful’’ and ‘‘necessary legal’’ are omitted as surplus. Subsection (c) is substituted for 49 App.:1506 to elimi- nate unnecessary words and for clarity and consistency in the revised title and with other titles of the United States Code. Editorial Notes REFERENCES IN TEXT The International Navigational Rules Act of 1977, re- ferred to in subsec. (a), is Pub. L. 95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§ 1601 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables. Executive Documents EX. ORD. NO. 10854. EXTENSION OF APPLICATION Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided: The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. § 1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the extent necessary to permit the Sec- retary of Transportation to accomplish the purposes and objectives of Titles III [former 49 U.S.C. 1341 et seq., see Disposition Table at beginning of this title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is here- by extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transpor- tation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting na- tional-defense interests, and shall not take any action which the Secretary of State determines to be in con- flict with any international treaty or agreement to which the United States is a party, or to be incon- sistent with the successful conduct of the foreign rela- tions of the United States, or which the Secretary of Defense determines to be inconsistent with the require- ments of national defense. § 40121. Air traffic control modernization reviews (a) REQUIRED TERMINATIONS OF ACQUISITIONS.— The Administrator of the Federal Aviation Ad-