10-U.S.C.-130E

10-U.S.C.-130E

§130E – Treatment Under Freedom of Information Act of Critical Infrastructure Security Information

Pathway

Title 10 > Subtitle A > Part I > Chapter 3 > Section 130e

Details

  • Reference: Section 130e
  • Legend: §130E – Treatment Under Freedom of Information Act of Critical Infrastructure Security Information
  • USCode Year: 2013

Provision Content

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

(c) 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.

(d) Delegation.—The Secretary of Defense may delegate the authority to make a determination under subsection (a) to the Director of Administration and Management.

(e) Transparency.—Each determination of the Secretary, or the Secretarys designee, 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, through the Office of the Director of Administration and Management.

(Added Pub. L. 112–81, div. A, title X, §1091(a), Dec. 31, 2011, 125 Stat. 1604.)

U.S. Encyclopedia of Law Coverage

10-U.S.C.-130D in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-130D, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-129B in the Legal Encyclopedia: Military Organization

In this entry about 10-U.S.C.-129B, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.

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