To improve the provisions relating to the treatment of certain sensitive national security information under the Freedom of Information Act.

1. Rewrites section 1044

   Replaces

   In S. 1867 · Placed on Calendar Senate

   SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN SENSITIVE NATIONAL SECURITY INFORMATION.

   Struck: (a) Critical Infrastructure Information.--The Secretary of Defense may exempt Department of Defense critical infrastructure information from disclosure under section 552 of title 5, United States Code, upon a written determination that the disclosure of such information would reveal vulnerabilities in such infrastructure that, if exploited, could result in the disruption, degradation, or destruction of Department of Defense operations, property, or facilities. Critical infrastructure information covered by a written determination under this subsection that is provided to a State or local government to assist first responders in the event that emergency assistance should be required shall be deemed to remain under the control of the Department of Defense.

   Struck: (b) Military Flight Operations Quality Assurance System.--The Secretary of Defense may exempt information contained in any data file of the Military Flight Operations Quality Assurance system of a military department from disclosure under section 552 of title 5, United States Code, upon a written determination that the disclosure of such information in the aggregate (or when combined with other information already in the public domain or subject to public release pursuant to such section 552) would reveal sensitive information regarding the tactics, techniques, procedures, processes, or operational and maintenance capabilities of military combat aircraft, units, or aircrews. Information covered by a written determination under this subsection shall be exempt from disclosure under such section 552 even when such information is contained in a data file that is not exempt in its entirety from such disclosure.

   Inserted: (a) Critical Infrastructure Security Information.--

   Inserted: (1) In general.--The Secretary of Defense may exempt certain Department of Defense information from disclosure under section 552 of title 5, United States Code, upon a written determination that--

   Inserted: (A) the information is Department of Defense critical infrastructure security information; and

   Inserted: (B) the public interest in the disclosure of such information does not outweigh the Government's interest in withholding such information from the public.

   Inserted: (2) Information provided to state or local first responders.--Critical infrastructure security information covered by a written determination under this subsection that is provided to a State or local government to assist first responders in the event that emergency assistance should be required shall be deemed to remain under the control of the Department of Defense.

   Inserted: (b) Military Flight Operations Quality Assurance System.--The Secretary of Defense may exempt information contained in any data file of the Military Flight Operations Quality Assurance system of a military department from disclosure under section 552 of title 5, United States Code, upon a written determination that the disclosure of such information in the aggregate (and when combined with other information already in the public domain) would reveal sensitive information regarding the tactics, techniques, procedures, processes, or operational and maintenance capabilities of military combat aircraft, units, or aircrews. Information covered by a written determination under this subsection shall be exempt from disclosure under such section 552 even when such information is contained in a data file that is not exempt in its entirety from such disclosure.

   (c) Delegation.--The Secretary of Defense may delegate the authority to make a determination under subsection (a) or (b) to any civilian official in the Department of Defense or a military department who is appointed by the President, by and with the advice and consent of the Senate.

   (d) Transparency[struck: Requirement].--Each determination [inserted: of the Secretary, or the Secretary's designee, ]under subsection (a) or (b) 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, through the office of the Assistant Secretary of Defense for Public Affairs.

   (e) Definitions.--In this section:

   (1) The term "Department of Defense critical infrastructure [inserted: security ]information" means sensitive but unclassified information [inserted: 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, explosives safety information (including storage and handling), and other site-specific information on or relating to installation security.

   (2) The term "data file" means a file of the Military Flight Operations Quality Assurance system that contains information acquired or generated by the Military Flight Operations Quality Assurance system, including the following:

   (A) Any data base containing raw Military Flight Operations Quality Assurance data.

   1 unchanged paragraphHide unchanged text

   (B) Any analysis or report generated by the Military Flight Operations Quality Assurance system or which is derived from Military Flight Operations Quality Assurance data.

   Original wording

   Strike section 1044 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed