ATSA - Research and Development

49 U.S. Code § 44912 - Research and development | U.S. Code | US Law | LII / Legal Inf... Page 5 of 8

(i) the development and testing of effective explosive
detection systems;
(ii) aircraft structure and experimentation to decide
on the type and minimum weights of explosives that
an effective explosive detection technology must be
capable of detecting;
(iii) technologies involved in minimizing airframe
damage to aircraft from explosives; and
(iv) other scientific and technical areas the
Administrator considers appropriate.
(B) In appointing individuals to the advisory panel, the
Administrator should consider individuals from academia
and the national laboratories, as appropriate.
(3) The Administrator shall organize the advisory panel into
teams capable of undertaking the review of policies and
technologies upon request.
(4) Biennially, the Administrator shall review the
composition of the advisory panel in order to ensure that
the expertise of the individuals on the panel is suited to the
current and anticipated duties of the panel.
(d) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.—
(1) IN GENERAL.—
The Administrator 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.
(2) DISCLOSURE.—

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(A) In general.—Notwithstanding section 552 of title 5,
the Administrator shall prescribe regulations prohibiting
disclosure of information obtained or developed in
ensuring security under this title if the Secretary of
Homeland Security decides disclosing the information
would—
(i) be an unwarranted invasion of personal privacy;
(ii) reveal a trade secret or privileged or confidential
commercial or financial information; or
(iii) be detrimental to transportation safety.
(B) Information to congress.—
Subparagraph (A) does not authorize information to be
withheld from a committee of Congress authorized to
have the information.
(C) Rule of construction.—Nothing in subparagraph (A)
shall be construed to authorize the designation of
information as sensitive security information (as defined
in section 15.5 of title 49, Code of Federal Regulations)—
(i) to conceal a violation of law, inefficiency, or
administrative error;
(ii) to prevent embarrassment to a person,
organization, or agency;
(iii) to restrain competition; or
(iv) to prevent or delay the release of information
that does not require protection in the interest of
transportation security, including basic scientific
research information not clearly related to
transportation security.
(D) Privacy act.—
Section 552a of title 5 shall not apply to disclosures that
the Administrator of the Transportation Security

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Administration may make from the systems of records of
the Transportation Security Administration to any Federal
law enforcement, intelligence, protective service,
immigration, or national security official in order to assist
the official receiving the information in the performance
of official duties.
(3) 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.
(e) DEFINITION OF ADMINISTRATOR.—
In this section, the term “Administrator” means the
Administrator of the Transportation Security Administration.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107
–71, title I, §§ 101(f)(7), (9), 112, Nov. 19, 2001, 115 Stat. 603,
620; Pub. L. 115–254, div. K, title I, § 1991(d)(10), Oct. 5, 2018,
132 Stat. 3633.)

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https://www.law.cornell.edu/uscode/text/49/44912

2/12/2021