§40119 Sensitive Security Information

Summary

Even after the Department of Homeland Security was created, the Secretary of Transportation must make rules, under section 552(b)(3)(B) of title 5, to keep certain security-related information secret. The rules must block release when the information would invade personal privacy, expose trade secrets or confidential business or financial data, or harm transportation safety. The rules cannot stop a congressional committee that is allowed to see the information. The rules also cannot be used just to hide lawbreaking, avoid embarrassment, limit competition, or delay harmless information (including basic science not clearly tied to transportation security). Section 552a of title 5 does not apply when the FAA Administrator shares FAA records with federal law enforcement, intelligence, protective service, immigration, or national security officials to help them do their jobs. The duties or powers in this part cannot be moved to another federal agency except as the law otherwise allows.