§130e Treatment Under Freedom of Information Act of Certain Critical Infrastructure Security Information

Summary

The Secretary of Defense can keep certain sensitive but unclassified Department of Defense infrastructure information from being released under the Freedom of Information Act if the Secretary makes a written decision that the information fits the category and that keeping it secret is more important than releasing it. The Secretary can mark information as DoD critical infrastructure security information — even while it is being created — to stop it from being shared without permission, and any such marked material must go through the written-decision process. If the Department shares this kind of information with a state or local government, the Department still controls it. State or local laws that would force disclosure do not apply to information already covered by a written decision. If a request under state or local law asks for marked information, the state or local government must let the Secretary decide whether to make the written decision. Every written decision must explain the reasons and must be available to the public on request. DoD critical infrastructure security information: sensitive but unclassified details that would show vulnerabilities that, if used, could cause significant disruption, destruction, or damage to DoD operations, property, or facilities (for example, vulnerability assessments, explosives safety and handling, hazardous chemicals, pipelines, and site-specific installation security).