II 

Calendar No. 708 

111TH CONGRESS 

2D 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 (for himself and Mr. BYRD) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

DECEMBER 17, 2010 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. MARITIME TRANSPORTATION SECURITY IN2 FORMATION. 

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

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

5 ‘‘(d) NONDISCLOSURE OF INFORMATION.— 

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

7 under this chapter is not required to be disclosed to 

8 the public, including— 

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

10 plans, and port vulnerability assessments; and 

11 ‘‘(B) other information related to security 

12 plans, procedures, or programs for vessels or fa13 cilities authorized under this chapter. 

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

15 shall be construed to authorize the classification of 

16 information as sensitive security information (as de17 fined in section 1520.5 of title 49, Code of Federal 

18 Regulations)— 

19 ‘‘(A) to conceal a violation of law, ineffi20 ciency, or administrative error; 

21 ‘‘(B) to prevent embarrassment to a per22 son, organization, or agency; 

23 ‘‘(C) to restrain competition; or 

24 ‘‘(D) to prevent or delay the release of in25 formation that does not require protection in 

26 the interest of transportation security, including 


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1 basic scientific research information not clearly 

2 related to transportation security.’’. 

3 (b) CONFORMING AMENDMENTS.— 

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

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

6 following: 

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

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

9 authorize the classification of information as sen10 sitive security information (as defined in section 

11 1520.5 of title 49, Code of Federal Regulations)— 

12 ‘‘(A) to conceal a violation of law, ineffi13 ciency, or administrative error; 

14 ‘‘(B) to prevent embarrassment to a per15 son, organization, or agency; 

16 ‘‘(C) to restrain competition; or 

17 ‘‘(D) to prevent or delay the release of in18 formation that does not require protection in 

19 the interest of transportation security, including 

20 basic scientific research information not clearly 

21 related to transportation security.’’. 

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

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

24 following: 


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

2 authorize the classification of information as sensitive se3 curity information (as defined in section 1520.5 of title 

4 49, Code of Federal Regulations)— 

5 ‘‘(A) to conceal a violation of law, ineffi6 ciency, or administrative error; 

7 ‘‘(B) to prevent embarrassment to a per8 son, organization, or agency; 

9 ‘‘(C) to restrain competition; or 

10 ‘‘(D) to prevent or delay the release of in11 formation that does not require protection in 

12 the interest of transportation security, including 

13 basic scientific research information not clearly 

14 related to transportation security.’’. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘American Communities’ 

17 Right to Public Information Act’’. 

18 SEC. 2. MARITIME TRANSPORTATION SECURITY INFORMA19 TION. 

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

21 States Code, is amended to read as follows: 

22 ‘‘(d) NONDISCLOSURE OF INFORMATION.— 

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

24 this chapter is not required to be disclosed to the pub25 lic, including— 


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•S 1274 RS 

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

2 plans, and port vulnerability assessments; and 

3 ‘‘(B) other information related to security 

4 plans, procedures, or programs for vessels or fa5 cilities authorized under this chapter. 

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

7 shall be construed to authorize the designation of in8 formation as sensitive security information (as de9 fined in section 1520.5 of title 49, Code of Federal 

10 Regulations)— 

11 ‘‘(A) to conceal a violation of law, ineffi12 ciency, or administrative error; 

13 ‘‘(B) to prevent embarrassment to a person, 

14 organization, or agency; 

15 ‘‘(C) to restrain competition; or 

16 ‘‘(D) to prevent or delay the release of infor17 mation that does not require protection in the 

18 interest of transportation security, including 

19 basic scientific research information not clearly 

20 related to transportation security.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 114(r) of title 49, United States 

23 Code, is amended by adding at the end thereof the fol24 lowing: 


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

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

3 authorize the designation of information as sensitive 

4 security information (as defined in section 1520.5 of 

5 title 49, Code of Federal Regulations)— 

6 ‘‘(A) to conceal a violation of law, ineffi7 ciency, or administrative error; 

8 ‘‘(B) to prevent embarrassment to a person, 

9 organization, or agency; 

10 ‘‘(C) to restrain competition; or 

11 ‘‘(D) to prevent or delay the release of infor12 mation that does not require protection in the 

13 interest of transportation security, including 

14 basic scientific research information not clearly 

15 related to transportation security.’’. 

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

17 Code, is amended by adding at the end thereof the fol18 lowing: 

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

20 authorize the designation of information as sensitive secu21 rity information (as defined in section 15.5 of title 49, Code 

22 of Federal Regulations)— 

23 ‘‘(A) to conceal a violation of law, inefficiency, 

24 or administrative error; 


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1 ‘‘(B) to prevent embarrassment to a person, or2 ganization, or agency; 

3 ‘‘(C) to restrain competition; or 

4 ‘‘(D) to prevent or delay the release of informa5 tion that does not require protection in the interest of 

6 transportation security, including basic scientific re7 search information not clearly related to transpor8 tation security.’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
Calendar No. 708 

111TH CONGRESS 

2D SESSION S. 1274 

A BILL 

To amend title 46, United States Code, to ensure 

poses. tion from public disclosure, and for other purinappropriately to shield certain other informatransportation security information is not used that the prohibition on disclosure of maritime 

DECEMBER 17, 2010 

Reported with an amendment 


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