10 U.S.C. § 130d — Treatment under Freedom of Information

Page 168 TITLE 10—ARMED FORCES § 130d (A) The Secretary of Defense, with respect to information of concern to the Department of Defense, as determined by the Secretary. (B) The Secretary of Homeland Security, with respect to information of concern to the Coast Guard, as determined by the Sec- retary, but only while the Coast Guard is not operating as a service in the Navy. (C) The Secretary of Energy, with respect to information concerning the national secu- rity programs of the Department of Energy, as determined by the Secretary. (2) The term ‘‘agency’’ has the meaning given that term in section 552(f) of title 5. (3) The term ‘‘international organization’’ means the following: (A) A public international organization designated pursuant to section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the privileges, exemptions, and im- munities provided in such Act. (B) A public international organization created pursuant to a treaty or other inter- national agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs. (C) An official mission, except a United States mission, to a public international or- ganization referred to in subparagraph (A) or (B). (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1073(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–277; amended Pub. L. 107–107, div. A, title X, § 1048(a)(3), (c)(1), Dec. 28, 2001, 115 Stat. 1222, 1226; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes REFERENCES IN TEXT The International Organizations Immunities Act, re- ferred to in subsec. (h)(3)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. AMENDMENTS 2002—Subsec. (h)(1)(B). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 2001—Subsec. (b)(3)(C). Pub. L. 107–107, § 1048(a)(3), substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsec. (d)(1). Pub. L. 107–107, § 1048(c)(1), substituted ‘‘October 30, 2000,’’ for ‘‘the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. § 130d. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel Confidential business information and other sensitive but unclassified homeland security in- formation in the possession of the Department of Defense that is shared, pursuant to section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482), with State and local personnel (as defined in such section) shall not be subject to disclo- sure under section 552 of title 5 by virtue of the sharing of such information with such per- sonnel. (Added Pub. L. 109–364, div. A, title XIV, § 1405(a), Oct. 17, 2006, 120 Stat. 2436.) § 130e. Treatment under Freedom of Information Act of certain critical infrastructure security information (a) EXEMPTION.—The Secretary of Defense may exempt Department of Defense critical infra- structure 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 out- weigh preventing the disclosure of such infor- mation. (b) DESIGNATION OF DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE SECURITY INFORMA- TION.—In addition to any other authority or re- quirement regarding protection from dissemina- tion of information, the Secretary may des- ignate information as being Department of De- fense critical infrastructure security informa- tion, including during the course of creating such information, to ensure that such informa- tion is not disseminated without authorization. Information so designated is subject to the de- termination process under subsection (a) to de- termine whether to exempt such information from disclosure described in such subsection. (c) INFORMATION PROVIDED TO STATE AND LOCAL GOVERNMENTS.—(1) Department of De- fense critical infrastructure security informa- tion 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 Depart- ment of Defense. (2)(A) A State or local law authorizing or re- quiring a State or local government to disclose Department of Defense critical infrastructure security information that is covered by a writ- ten 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 dis- close information that is designated as Depart- ment 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 dis- closure 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 deter- minations and statements of basis shall be available to the public, upon request.