116 STAT. 2312 PUBLIC LAW 107-296—NOV. 25, 2002 TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE TRANS- PORTATION SECURITY SEC. 1601. RETENTION OF SECURITY SENSITIVE INFORMATION AUTHORITY AT DEPARTMENT OF TRANSPORTATION. (a) Section 40119 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by inserting "and the Administrator of the Federal Aviation Administration each" after "for Security"; and (B) by striking "criminal violence and aircraft piracy" and inserting "criminal violence, aircraft piracy, and terrorism and to ensure security"; and (2) in subsection (b)(1)— (A) by striking ", the Under Secretary" and inserting "and the establishment of a Department of Homeland Security, the Secretary of Transportation"; (B) by striking "carrying out" and all that follows through "if the Under Secretary" and inserting "ensuring security under this title if the Secretary of Transportation"; and (C) in subparagraph (C) by striking "the safety of passengers in transportation" and inserting "transportation safety". (b) Section 114 of title 49, United States Code, is amended by adding at the end the following: "(s) NONDISCLOSURE OF SECURITY ACTIVITIES. — Regulations. "(1) IN GENERAL.— Notwithstanding section 552 of title 5, the Under Secretary shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 107-71) or under chapter 449 of this title if the Under Secretary decides that 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 security of transportation. " (2) AVAILABILITY OF INFORMATION TO CONGRESS.— Paragraph (1) does not authorize information to be withheld from a committee of Congress authorized to have the information. " (3) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except as otherwise provided by law, the Under Secretary may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United States.". SEC. 1602. INCREASE IN CIVIL PENALTIES. Section 46301(a) of title 49, United States Code, is amended by adding at the end the following: " (8) AVIATION SECURITY VIOLATIONS. —Notwithstanding paragraphs (1) and (2) of this subsection, the maximum civil penalty for violating chapter 449 or another requirement under this title administered by the Under Secretary of Transportation for Security shall be $10,000; except that the maximum civil penalty shall be $25,000 in the case of a person operating
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