Chapter 1, Section 114, Subsection (r) · 49 U.S.C. Chapter 1

Contents

(r)

(1)Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 107–71) or under chapter 449 of this title if the Administrator decides that 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 the security of transportation.

(2)Paragraph (1) does not authorize information to be withheld from a committee of Congress authorized to have the information.

(3)Except as otherwise provided by law, the Administrator may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United States.

(4)Nothing in this subsection, or any other provision of law, shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—

(A)to conceal a violation of law, inefficiency, or administrative error;

(B)to prevent embarrassment to a person, organization, or agency;

(C)to restrain competition; or

(D)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.

United States Government work; public domain under 17 U.S.C. § 105.