Page:United States Statutes at Large Volume 123.djvu/2202

 123STA T . 21 8 2 PUBLIC LA W 111 – 83 —O CT. 28 , 2 0 0 9ent e r e di nt ow it h in 90 d aysf ro m the date of ena c tment of this A ct , and the N ationa l Academy of S ciences shall com p lete its assess - ment and s ub mit its L etter R eport within four months after the date the D epartment of H omeland Security concludes the ris k assessment . S EC. 561 . ( a ) S HORTTI T L E. — This section may be cited as the ‘ ‘American C ommunities ’ Ri g ht to P ublic I nformation Act’’. (b) I NG ENER A L.—Section 7 010 3 (d) of title 4 6, U nited States Code, is amended to read as follows ‘‘(d) NON D I S CLOS U REO F INFOR M ATION.— ‘‘(1) IN G ENERAL.—Information de v eloped under this section or sections 7010 2, 70104, and 7010 8 is not re q uired 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, proce- dures, or programs for vessels or facilities authori z ed under this section or sections 70102, 70104, and 70108. ‘‘(2) LIMITATIONS.—Nothing in paragraph (1) shall be con- strued to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of F ederal Regulations)— ‘‘(A) to conceal a violation of law, inefficiency, or administrative error; ‘‘(B) to prevent embarrassment to a person, organiza- tion, 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 transpor- tation security, including basic scientific research informa- tion 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, organiza- tion, 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 transpor- tation security, including basic scientific research informa- tion 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, organiza- tion, or agency; AmericanCo mm u ni t ie s’R i gh tto P u bl ic I n f ormation Act .46US C 10 1 note.