S 1274 Status 06-19-09

A copy of Sen. Rockefeller’s bill, S 1274 to stop MTSA facilities from hiding safety information behind Sensitive Security Information (SSI) protections has finally been posted on the GPO web site (access through www.Thomas.LOC.gov). It is actually a very short bill and I am not sure how effective it will actually be in preventing actions like Bayer CropScience took earlier this year. The key provision of the bill is the amendment of §70103(d) of title 46 USC adding subparagraph (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)— ‘‘(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.’’.

This section only affects MTSA covered facilities. It has no affect on any other areas that use the SSI ‘classification’. It certainly would have no affect on CVI being used for the same purposes under CFATS. I also find it interesting that there was nothing in the CFATS reauthorization legislation (HR 2868) covering this situation. Rep. Markey (D,NY), a key player on the House Energy and Commerce Committee has talked about offering legislation covering this topic, also as a result of the Bayer CropScience fiasco. It will be interesting to see if he includes this type language in the markup of 2868 before the Energy and Commerce Committee.