[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1520.15]

[Page 298-299]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1520_PROTECTION OF SENSITIVE SECURITY INFORMATION--Table of Contents
 
Sec. 1520.15  SSI disclosed by TSA or the Coast Guard.

    (a) In general. Except as otherwise provided in this section, and 
notwithstanding the Freedom of Information Act (5 U.S.C. 552), the 
Privacy Act (5 U.S.C. 552a), and other laws, records containing SSI are 
not available for public inspection or copying, nor does TSA or the 
Coast Guard release such records to persons without a need to know.
    (b) Disclosure under the Freedom of Information Act and the Privacy 
Act. If a record contains both SSI and information that is not SSI, TSA 
or the Coast Guard, on a proper Freedom of Information Act or Privacy 
Act request, may disclose the record with the SSI redacted, provided the 
record is not otherwise exempt from disclosure under the Freedom of 
Information Act or Privacy Act.
    (c) Disclosures to committees of Congress and the General Accounting 
Office. Nothing in this part precludes TSA or the Coast Guard from 
disclosing SSI to a committee of Congress authorized to have the 
information or to the Comptroller General, or to any authorized 
representative of the Comptroller General.
    (d) Disclosure in enforcement proceedings. (1) In general. TSA or 
the Coast Guard may provide SSI to a person in the context of an 
administrative enforcement proceeding when, in the sole discretion of 
TSA or the Coast

[[Page 299]]

Guard, as appropriate, access to the SSI is necessary for the person to 
prepare a response to allegations contained in a legal enforcement 
action document issued by TSA or the Coast Guard.
    (2) Security background check. Prior to providing SSI to a person 
under paragraph (d)(1) of this section, TSA or the Coast Guard may 
require the individual or, in the case of an entity, the individuals 
representing the entity, and their counsel, to undergo and satisfy, in 
the judgment of TSA or the Coast Guard, a security background check.
    (e) Other conditional disclosure. TSA may authorize a conditional 
disclosure of specific records or information that constitute SSI upon 
the written determination by TSA that disclosure of such records or 
information, subject to such limitations and restrictions as TSA may 
prescribe, would not be detrimental to transportation security.
    (f) Obligation to protect information. When an individual receives 
SSI pursuant to paragraph (d) or (e) of this section that individual 
becomes a covered person under Sec. 1520.7 and is subject to the 
obligations of a covered person under this part.
    (g) No release under FOIA. When TSA discloses SSI pursuant to 
paragraphs (b) through (e) of this section, TSA makes the disclosure for 
the sole purpose described in that paragraph. Such disclosure is not a 
public release of information under the Freedom of Information Act.
    (h) Disclosure of Critical Infrastructure Information. Disclosure of 
information that is both SSI and has been designated as critical 
infrastructure information under section 214 of the Homeland Security 
Act is governed solely by the requirements of section 214 and any 
implementing regulations.