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.

SA 1401. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 2892, making appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2010, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SECTION __. MARITIME TRANSPORTATION SECURITY INFORMATION.

(a) Short Title.--This section may be cited as the
``American Communities'' Right to Public Information Act''.
(b) 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.''.
(c) 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.''.
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