US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40119]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40119. Security and research and development activities

    (a) General Requirements.--The Under Secretary of Transportation for 
Security and the Administrator of the Federal Aviation Administration 
each 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, aircraft piracy, and 
terrorism and to ensure security.
    (b) Disclosure.--(1) Notwithstanding section 552 of title 5 and the 
establishment of a Department of Homeland Security, the Secretary of 
Transportation shall prescribe regulations prohibiting disclosure of 
information obtained 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 information; or
        (C) be detrimental to transportation safety.

    (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 Under Secretary 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, Sec. 1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107-
71, title I, Sec. 101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107-296, 
title XVI, Sec. 1601(a), Nov. 25, 2002, 116 Stat. 2312.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40119(a)..............................  49 App.:1357(d)(1).              Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  316(d)(1), (e)(1); added
                                                                          Aug. 5, 1974, Pub. L. 93-366, Sec.
                                                                          202, 88 Stat. 417.
40119(b)..............................  49 App.:1357(d)(2).              Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  316(d)(2); added Aug. 5,
                                                                          1974, Pub. L. 93-366, Sec.  202, 88
                                                                          Stat. 417; Nov. 5, 1990, Pub. L. 101-
                                                                          508, Sec.  9121, 104 Stat. 1388-370.
40119(c)..............................  49 App.:1357(e)(1).
----------------------------------------------------------------------------------------------------------------

    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.


                               Amendments

    2002--Subsec. (a). Pub. L. 107-296, Sec. 1601(a)(1), inserted ``and 
the Administrator of the Federal Aviation Administration each'' after 
``for Security'' and substituted ``criminal violence, aircraft piracy, 
and terrorism and to ensure security'' for ``criminal violence and 
aircraft piracy''.
    Subsec. (b)(1). Pub. L. 107-296, Sec. 1601(a)(2)(A), (B), in 
introductory provisions, substituted ``and the establishment of a 
Department of Homeland Security, the Secretary of Transportation'' for 
``, the Under Secretary'' and ``ensuring security under this title if 
the Secretary of Transportation'' for ``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 Under Secretary''.
    Subsec. (b)(1)(C). Pub. L. 107-296, Sec. 1601(a)(2)(C), substituted 
``transportation safety'' for ``the safety of passengers in 
transportation''.
    2001--Subsec. (a). Pub. L. 107-71, Sec. 101(e)(1), substituted 
``Under Secretary of Transportation for Security'' for ``Administrator 
of the Federal Aviation Administration''.
    Subsec. (b). Pub. L. 107-71, Sec. 101(e)(2), substituted ``Under 
Secretary'' for ``Administrator'' in two places in introductory 
provisions.
    Subsec. (b)(1)(C). Pub. L. 107-71, Sec. 101(e)(3), struck out 
``air'' before ``transportation''.
    Subsec. (c). Pub. L. 107-71, Sec. 101(e)(2), substituted ``Under 
Secretary'' for ``Administrator''.


                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, 
see section 4 of Pub. L. 107-296, set out as an Effective Date note 
under section 101 of Title 6, Domestic Security.

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
Transportation Security Administration of the Department of 
Transportation, including the functions of the Secretary of 
Transportation, and of the Under Secretary of Transportation for 
Security, relating thereto, to the Secretary of Homeland Security, and 
for treatment of related references, see sections 203(2), 551(d), 
552(d), and 557 of Title 6, Domestic Security, and the Department of 
Homeland Security Reorganization Plan of November 25, 2002, as modified, 
set out as a note under section 542 of Title 6.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 115, 40109, 44501, 
44508, 44921 of this title.