§40119. Security and research and development activities

(a) General Requirements.-The Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence and aircraft piracy.

(b) Disclosure.-(1) Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting disclosure of information obtained or developed in carrying out security or research and development activities under section 44501(a) or (c), 44502(a)(1) or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511, 44512, 44513, 44901, 44903(a), (b), (c), or (e), 44905, 44912, 44935, 44936, or 44938(a) or (b) of this title if the Administrator 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 the safety of passengers in air transportation.

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

(c) Transfers of Duties and Powers Prohibited.-Except as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, agency, or instrumentality of the United States Government.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117 .)

In this section, the word "Administrator" in section 316(d) and (e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731) is retained on authority of 49:106(g).

In subsection (a), the words "as he may deem" and "aboard aircraft in air transportation or intrastate air transportation" are omitted as surplus.

In subsection (b)(1), before clause (A), the words "relating to freedom of information", "as he may deem necessary", and "in the conduct of research and development activities" are omitted as surplus. In clause (A), the words "(including, but not limited to, information contained in any personnel, medical, or similar file)" are omitted as surplus. In clause (B), the words "obtained from any person" are omitted as surplus. In clause (C), the word "traveling" is omitted as surplus.

In subsection (b)(2), the word "duly" is omitted as surplus. The words "to have the information" are added for clarity.

Section Referred to in Other Sections

This section is referred to in sections 106, 40109, 44501, 44508 of this title.