II 

111TH CONGRESS 

1ST SESSION S. 1274 

To amend title 46, United States Code, to ensure that the prohibition on 

disclosure of maritime transportation security information is not used 

inappropriately to shield certain other information from public disclosure, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2009 

Mr. ROCKEFELLER introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 46, United States Code, to ensure that the 

prohibition on disclosure of maritime transportation security information is not used inappropriately to shield 

certain other information from public disclosure, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MARITIME TRANSPORTATION SECURITY IN4 FORMATION. 

5 (a) IN GENERAL.—Section 70103(d) of title 46, 

6 United States Code, is amended to read as follows: 

7 ‘‘(d) NONDISCLOSURE OF INFORMATION.— 


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•S 1274 IS 

1 ‘‘(1) IN GENERAL.—Information developed 

2 under this chapter is not required to be disclosed to 

3 the public, including— 

4 ‘‘(A) facility security plans, vessel security 

5 plans, and port vulnerability assessments; and 

6 ‘‘(B) other information related to security 

7 plans, procedures, or programs for vessels or fa8 cilities authorized under this chapter. 

9 ‘‘(2) LIMITATIONS.—Nothing in paragraph (1) 

10 shall be construed to authorize the classification of 

11 information as sensitive security information (as de12 fined in section 1520.5 of title 49, Code of Federal 

13 Regulations)— 

14 ‘‘(A) to conceal a violation of law, ineffi15 ciency, or administrative error; 

16 ‘‘(B) to prevent embarrassment to a per17 son, organization, or agency; 

18 ‘‘(C) to restrain competition; or 

19 ‘‘(D) to prevent or delay the release of in20 formation that does not require protection in 

21 the interest of transportation security, including 

22 basic scientific research information not clearly 

23 related to transportation security.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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•S 1274 IS 

1 (1) Section 114(s) of title 49, United States 

2 Code, is amended by adding at the end thereof the 

3 following: 

4 ‘‘(8) LIMITATIONS.—Nothing in this subsection, 

5 or any other provision of law, shall be construed to 

6 authorize the classification of information as sen7 sitive security information (as defined in section 

8 1520.5 of title 49, Code of Federal Regulations)— 

9 ‘‘(A) to conceal a violation of law, ineffi10 ciency, or administrative error; 

11 ‘‘(B) to prevent embarrassment to a per12 son, organization, or agency; 

13 ‘‘(C) to restrain competition; or 

14 ‘‘(D) to prevent or delay the release of in15 formation that does not require protection in 

16 the interest of transportation security, including 

17 basic scientific research information not clearly 

18 related to transportation security.’’. 

19 (2) Section 40119(b) of title 49, United States 

20 Code, is amended by adding at the end thereof the 

21 following: 

22 ‘‘(3) Nothing in paragraph (1) shall be construed to 

23 authorize the classification of information as sensitive se24 curity information (as defined in section 1520.5 of title 

25 49, Code of Federal Regulations)— 


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•S 1274 IS 

1 ‘‘(A) to conceal a violation of law, ineffi2 ciency, or administrative error; 

3 ‘‘(B) to prevent embarrassment to a per4 son, organization, or agency; 

5 ‘‘(C) to restrain competition; or 

6 ‘‘(D) to prevent or delay the release of in7 formation that does not require protection in 

8 the interest of transportation security, including 

9 basic scientific research information not clearly 

10 related to transportation security.’’. 

Æ 


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