§130e Treatment under Freedom of Information Act of certain critical infrastructure security information

Summary

Gives the Secretary of Defense the power to keep certain Department of Defense security information secret under the Freedom of Information Act (5 U.S.C. 552(b)(3)). The Secretary must put the decision in writing and say that the information is DoD critical infrastructure security information and that the public’s interest in seeing it does not outweigh the need to keep it secret. The Secretary can also label information that way while it is being created so it is not shared without permission. Labeled material goes through the same written decision process. Information covered by a written decision or labeled and shared with a State or local government stays under DoD control. State or local laws that would force disclosure do not apply to information already covered by a written decision. If someone asks a State or local government to release information that has only been labeled, the government must give the Secretary a chance to make the written decision. Each written decision must include the reason and must be available to the public if requested. Definition: “Department of Defense critical infrastructure security information” — sensitive but unclassified details that would reveal vulnerabilities in DoD facilities or systems (for example, vulnerability assessments, explosives safety, hazardous chemicals, pipelines, or site security).