49 U.S. Code § 46311 - Unlawful disclosure of information

(a) Criminal Penalty.— The Secretary of Transportation, the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary, the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator, or an officer or employee of the Secretary, Under Secretary, or Administrator shall be fined under title 18, imprisoned for not more than 2 years, or both, if the Secretary, Under Secretary, Administrator, officer, or employee knowingly and willfully discloses information that—
(1) the Secretary, Under Secretary, Administrator, officer, or employee acquires when inspecting the records of an air carrier; or
(2) is withheld from public disclosure under section 40115 of this title.
(b) Nonapplication.— Subsection (a) of this section does not apply if—
(1) the officer or employee is directed by the Secretary, Under Secretary, or Administrator to disclose information that the Secretary, Under Secretary, or Administrator had ordered withheld; or
(2) the Secretary, Under Secretary, Administrator, officer, or employee is directed by a court of competent jurisdiction to disclose the information.
(c) Withholding Information From Congress.— This section does not authorize the Secretary, Under Secretary, or Administrator to withhold information from a committee of Congress authorized to have the information.

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, § 140(d)(6),Nov. 19, 2001, 115 Stat. 642.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
46311(a), (b)
49 App.:1472(f) (words before proviso).
Aug. 23, 1958, Pub. L. 85–726, § 902(f), 72 Stat. 785.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
46311(c)
49 App.:1472(f) (proviso).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In this section, the word “Administrator” in section 902(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words “fined under title 18” are substituted for “a fine of not more than $5,000” for consistency with title 18. The words “upon conviction thereof be subject for each offense” are omitted as surplus. The words “any fact or” are omitted as being included in “information”. In clause (1), the words “the Secretary, Administrator, officer, or employee acquires” are substituted for “may come to his knowledge” for clarity and consistency.
In subsection (b)(2), the words “or a judge thereof” are omitted as surplus.
In subsection (c), the word “duly” is omitted as surplus.
Amendments

2001—Subsec. (a). Pub. L. 107–71, § 140(d)(6), in introductory provisions, inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary,” after “Transportation,” and “Under Secretary,” after “Secretary,” and substituted “, Under Secretary, or Administrator” for “or Administrator”.
Subsec. (a)(1). Pub. L. 107–71, § 140(d)(6)(B) inserted “Under Secretary,” after “Secretary,”.
Subsec. (b)(1). Pub. L. 107–71, § 140(d)(6)(C), substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Subsec. (b)(2). Pub. L. 107–71, § 140(d)(6)(B) inserted “Under Secretary,” after “Secretary,”.
Subsec. (c). Pub. L. 107–71, § 140(d)(6)(C), substituted “, Under Secretary, or Administrator” for “or Administrator”.
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.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

49 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


14 CFR - Aeronautics and Space

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

49 CFR - Transportation

49 CFR Part 1503 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.