S AMDT 1274

S 1274 IS

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.

June 16, 2009

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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.

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

SECTION 1. MARITIME TRANSPORTATION SECURITY INFORMATION.

(a) IN GENERAL- Section 70103(d) of title 46, United States Code, is amended to read as follows:

‘(d) Nondisclosure of Information-

‘(1) IN GENERAL- Information developed under this chapter is not required to be disclosed to the public, including--

‘(A) facility security plans, vessel security plans, and port vulnerability assessments; and

‘(B) other information related to security plans, procedures, or programs for vessels or facilities authorized under this chapter.

‘(2) LIMITATIONS- Nothing in paragraph (1) shall be construed to authorize the classification of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)--

‘(A) to conceal a violation of law, inefficiency, or administrative error;

‘(B) to prevent embarrassment to a person, organization, or agency;

‘(C) to restrain competition; or

‘(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.’.

(b) Conforming Amendments-

(1) Section 114(s) of title 49, United States Code, is amended by adding at the end thereof the following:

‘(8) LIMITATIONS- Nothing in this subsection, or any other provision of law, shall be construed to authorize the classification of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)--

‘(A) to conceal a violation of law, inefficiency, or administrative error;

‘(B) to prevent embarrassment to a person, organization, or agency;

‘(C) to restrain competition; or

‘(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.’.

(2) Section 40119(b) of title 49, United States Code, is amended by adding at the end thereof the following:

‘(3) Nothing in paragraph (1) shall be construed to authorize the classification of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)--

‘(A) to conceal a violation of law, inefficiency, or administrative error;

‘(B) to prevent embarrassment to a person, organization, or agency;

‘(C) to restrain competition; or

‘(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.’.