[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1274 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. MARITIME TRANSPORTATION SECURITY 
              INFORMATION.</DELETED>

<DELETED>    (a) In General.--Section 70103(d) of title 46, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(d) Nondisclosure of Information.--</DELETED>
        <DELETED>    ``(1) In general.--Information developed under 
        this chapter is not required to be disclosed to the public, 
        including--</DELETED>
                <DELETED>    ``(A) facility security plans, vessel 
                security plans, and port vulnerability assessments; 
                and</DELETED>
                <DELETED>    ``(B) other information related to 
                security plans, procedures, or programs for vessels or 
                facilities authorized under this chapter.</DELETED>
        <DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(A) to conceal a violation of law, 
                inefficiency, or administrative error;</DELETED>
                <DELETED>    ``(B) to prevent embarrassment to a 
                person, organization, or agency;</DELETED>
                <DELETED>    ``(C) to restrain competition; 
                or</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 114(s) of title 49, United States 
        Code, is amended by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(A) to conceal a violation of law, 
                inefficiency, or administrative error;</DELETED>
                <DELETED>    ``(B) to prevent embarrassment to a 
                person, organization, or agency;</DELETED>
                <DELETED>    ``(C) to restrain competition; 
                or</DELETED>
                <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Section 40119(b) of title 49, United States 
        Code, is amended by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(A) to conceal a violation of law, 
                inefficiency, or administrative error;</DELETED>
                <DELETED>    ``(B) to prevent embarrassment to a 
                person, organization, or agency;</DELETED>
                <DELETED>    ``(C) to restrain competition; 
                or</DELETED>
                <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Communities' Right to 
Public Information Act''.

SEC. 2. 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 designation 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(r) of title 49, United States Code, is 
        amended by adding at the end thereof the following:
            ``(4) Limitations.--Nothing in this subsection, or any 
        other provision of law, shall be construed to authorize the 
        designation 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 
designation of information as sensitive security information (as 
defined in section 15.5 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.''.
                                                       Calendar No. 708

111th CONGRESS

  2d Session

                                 S. 1274

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 17, 2010

                       Reported with an amendment