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July 9, 2009, 12:00 am ET - Amendment SA 1401 proposed by Senator Murray for Senator Rockefeller to Amendment SA 1373.
July 9, 2009, 12:00 am ET - Amendment SA 1401 agreed to in Senate by Unanimous Consent.

Full Text of this Amendment

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.''.



(As printed in the Congressional Record for the Senate on Jul 7, 2009.)