§40119 Sensitive Security Information

Summary

The Secretary of Transportation must make rules, under section 552(b)(3)(B) of title 5, to keep certain security-related information secret. Information can be kept secret if sharing it would invade someone’s privacy, reveal trade secrets or confidential commercial or financial data, or hurt transportation safety. "Sensitive security information" (defined at section 15.5 of title 49, Code of Federal Regulations) is the category used for these protections. Those rules cannot stop a congressional committee that is allowed to see the information. The rules also may not be used to hide lawbreaking, avoid embarrassment, limit competition, or block release of information that does not affect security (including basic research not clearly tied to transportation security). Section 552a of title 5 does not apply when the FAA shares its records with federal law enforcement, intelligence, protective service, immigration, or national security officials. Duties or powers under these rules may not be moved to another federal department or agency unless another law allows it.