10 U.S.C. § 130e: Treatment under Freedom of…

Summary

The Secretary of Defense can keep certain sensitive Department of Defense infrastructure information from being released under the Freedom of Information Act. The Secretary must put that decision in writing and say why. To block release, the Secretary must decide the information is DoD "critical infrastructure security information" and that public interest in seeing it does not outweigh the need to keep it secret. The Secretary can label information as DoD critical infrastructure security information, even while it is being created. If such information is shared with a State or local government, the Department of Defense still controls it. State or local laws that would force disclosure do not apply if the Secretary has made the written decision. If the information is only labeled but not yet decided, the State or local government must give the Secretary a chance to make the written decision before releasing it. "DoD critical infrastructure security information" means sensitive but unclassified details that would show vulnerabilities and could lead to big damage if exposed, such as vulnerability studies, explosives safety, hazardous-chemical and pipeline protection, and site security details.

Title 10, §130e

Armed Forces, Source: USLM XML via OLRC

(a)Exemption.—

The Secretary of Defense may exempt Department of Defense critical infrastructure security information from disclosure pursuant to section 552(b)(3) of title 5, upon a written determination that—

(1)the information is Department of Defense critical infrastructure security information; and

(2)the public interest consideration in the disclosure of such information does not outweigh preventing the disclosure of such information.

(b)Designation of Department of Defense Critical Infrastructure Security Information.—

In addition to any other authority or requirement regarding protection from dissemination of information, the Secretary may designate information as being Department of Defense critical infrastructure security information, including during the course of creating such information, to ensure that such information is not disseminated without authorization. Information so designated is subject to the determination process under subsection (a) to determine whether to exempt such information from disclosure described in such subsection.

(c)Information Provided to State and Local Governments.—

(1)Department of Defense critical infrastructure security information covered by a written determination under subsection (a) or designated under subsection (b) that is provided to a State or local government shall remain under the control of the Department of Defense.

(2)(A)A State or local law authorizing or requiring a State or local government to disclose Department of Defense critical infrastructure security information that is covered by a written determination under subsection (a) shall not apply to such information.

(B)If a person requests pursuant to a State or local law that a State or local government disclose information that is designated as Department of Defense critical infrastructure security information under subsection (b), the State or local government shall provide the Secretary an opportunity to carry out the determination process under subsection (a) to determine whether to exempt such information from disclosure pursuant to subparagraph (A).

(d)Transparency.—

Each determination of the Secretary under subsection (a) shall be made in writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall be available to the public, upon request.

(e)Definition.—

In this section, the term “Department of Defense critical infrastructure security information” means sensitive but unclassified information that, if disclosed, would reveal vulnerabilities in Department of Defense critical infrastructure that, if exploited, would likely result in the significant disruption, destruction, or damage of or to Department of Defense operations, property, or facilities, including information regarding the securing and safeguarding of explosives, hazardous chemicals, or pipelines, related to critical infrastructure or protected systems owned or operated by or on behalf of the Department of Defense, including vulnerability assessments prepared by or on behalf of the Department of Defense, explosives safety information (including storage and handling), and other site-specific information on or relating to installation security.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsecs. (d) to (f). Pub. L. 118–31 redesignated subsecs. (e) and (f) as (d) and (e), respectively; struck out “, or the Secretary’s designee,” after “of the Secretary” and “, through the Office of the Director of Administration and Management” after “upon request” in subsec. (d) as redesignated; and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “The Secretary of Defense may delegate the authority to make a determination under subsection (a) to the Director of Administration and Management.” 2016—Subsecs. (b), (c), (f). Pub. L. 114–328 added subsecs. (b) and (c), redesignated former subsec. (c) as (f), and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “Department of Defense critical infrastructure security information covered by a written determination under subsection (a) that is provided to a State or local government shall remain under the control of the Department of Defense.” 2015—Pub. L. 114–92 substituted “Treatment under Freedom of Information Act of certain critical infrastructure security information” for “Treatment under Freedom of Information Act of critical infrastructure security information” in section catchline.

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

Summary

Title 10, §130e

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata