Pub. L. 111-83, tit. V, sec. 561

Sec. 561. (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 section or sections 70102, 70104, and 70108 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 section or sections 70102, 70104, and 70108.“(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;123 STAT. 2183“(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.”.