Cite as: 537 U. S. 129 (2003)
Syllabus
"compiled" to "compiled or collected") with no real and substantial effect. By contrast, petitioner's reading—that a document initially prepared by an agency for purposes unrelated to § 152, and held by that agency, becomes protected under § 409 when a copy of that document is collected by another agency for § 152 purposes—gives the statute too broad of a reach, thus conflicting with the rule that privileges should be construed narrowly. The Government's interpretation suffers from neither of these faults. It gives effect to the 1995 amendment by making clear that § 409 protects not just the information an agency compiles for § 152 purposes but also any information that an agency collects from other sources for those purposes. It also takes a narrower view of the privilege by making it inapplicable to information compiled or collected for purposes unrelated to § 152 and held by agencies that are not pursuing § 152 objectives. The Court's view of § 409 is reinforced by the 1995 amendment's history. "[A]s collected" was added to address confusion about § 409's proper scope and to overcome judicial reluctance to protect raw data collected for § 152 purposes. Congress wished to make clear that § 152 was not intended to be an effort-free tool in litigation against state and local governments, but § 409's text evinces no intent to make plaintiffs worse off than they would have been had § 152 funding never existed. Pp. 143-146.
(b) Section 409 is a proper exercise of Congress' Commerce Clause authority to "regulate the use of the channels of interstate commerce" and "to regulate and protect the instrumentalities of interstate commerce," United States v. Lopez, 514 U. S. 549, 558. Congress adopted § 152 to assist state and local governments in reducing hazardous conditions in the Nations' channels of commerce, but that effort was impeded by the States' reluctance to comply fully with § 152's requirements lest those governments become easier targets for negligence actions by providing a centralized location from which would-be plaintiffs could obtain much of the evidence necessary to sue. Because Congress could reasonably believe that adopting a measure eliminating an unforeseen side effect of § 152's information-gathering requirement would result in more diligent collection efforts, more candid discussions of hazardous locations, better informed decisionmaking, and greater safety on the Nation's roads, both the original § 409 and the 1995 amendment can be viewed as legislation aimed at improving safety in the channels of commerce and increasing protections for the instrumentalities of interstate commerce. Pp. 146-148.
Certiorari dismissed in part; 144 Wash. 2d 696, 31 P. 3d 628, reversed and remanded.
Thomas, J., delivered the opinion for a unanimous Court.
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