republic-os/legal/us/code/title-49/chapter-463/section-46311.md

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LegalText	49 U.S.C. § 46311	Unlawful disclosure of information	us	united_states_code	code_section	49	TRANSPORTATION	463	PENALTIES	46311	49 U.S.C. § 46311	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s46311	data/legal/raw/us/code/title-49/usc49.xml	f10be6288e62bbe5c7efdc57bb74fe944c2281b22535c751fbfa35ab856e0cbc	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	227e298fe8be290e646c6652ab3e9fdb1d1b319e6506efb366bb906179dfc53c	2026-07-04	official	legal us-code

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

Text

(a) Criminal Penalty.— The Secretary of Transportation, the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration, or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration, or an officer or employee of the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall be fined under title 18, imprisoned for not more than 2 years, or both, if the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, officer, or employee knowingly and willfully discloses information that—

(1) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, 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, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to disclose information that the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration had ordered withheld; or

(2) the Secretary, Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, 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, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration to withhold information from a committee of Congress authorized to have the information.

(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; Pub. L. 115–254, div. K, title I, § 1991(g)(3), Oct. 5, 2018, 132 Stat. 3644.)

Notes

Historical and Revision Notes RevisedSectionSource (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.

Editorial Notes

Amendments2018—Pub. L. 115–254, § 1991(g)(3)(C), substituted “Administrator of the Transportation Security Administration” for “Under Secretary” wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(g)(3)(A)(i), in introductory provisions, substituted “Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration, or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration” for “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”, “Administrator of the Federal Aviation Administration shall” for “Administrator shall”, and “Administrator of the Federal Aviation Administration,” for “Administrator,”. Subsec. (a)(1). Pub. L. 115–254, § 1991(g)(3)(A)(ii), substituted “Administrator of the Federal Aviation Administration” for “Administrator”. Subsecs. (b), (c). Pub. L. 115–254, § 1991(g)(3)(B), substituted “Administrator of the Federal Aviation Administration” for “Administrator” wherever appearing. 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”.