[Congressional Record: May 26, 2011 (House)]
[Page H3687-H3737]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

  The SPEAKER pro tempore. Pursuant to House Resolution 276 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 1540.

[...]

                          AMENDMENT NO. 121

         Beginning on page 513, line 17, strike section 1091 and
     insert the following:

     SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF
                   CERTAIN DEPARTMENT OF DEFENSE CRITICAL
                   INFRASTRUCTURE SECURITY INFORMATION.

       (a) In General.--Chapter 3 of title 10, United States Code,
     is amended by adding after section 130e, as added by section
     1055, the following new section:

     ``Sec. 130f. Treatment under Freedom of Information Act of
       critical infrastructure security information

       ``(a) Exemption.--Department of Defense critical
     infrastructure security information that, if disclosed, may
     result in the disruption, degradation, or destruction of
     operations, property, or facilities of the Department of
     Defense, shall be exempt from disclosure pursuant to section
     552(b)(3) of title 5, if the Secretary of Defense determines
     that 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 obtained by a State or local government
     from a Federal agency shall remain under the control of the
     Federal agency, and a State or local law authorizing or
     requiring such a government to disclose information shall not
     apply to such critical infrastructure security information.
       ``(c) Department of Defense Critical Infrastructure
     Security Information Defined.--In this section, the term
     `Department of Defense critical infrastructure security
     information' means sensitive but unclassified information
     related to critical infrastructure information owned or
     operated by or on behalf of the Department of Defense that
     could substantially facilitate the effectiveness of an attack
     designed to destroy equipment, create maximum casualties, or
     steal particularly sensitive military weapons including
     information regarding the securing and safeguarding of
     explosives, hazardous chemicals, or pipelines.
       ``(d) Regulations.--The Secretary of Defense shall
     prescribe regulations to implement this section. Such
     regulations shall ensure the consistent application of the
     exemption in subsection (a) across the military departments
     and that specifically identify officials in each military
     department who shall be delegated the Secretary's authority
     under this section.''.
       (b) Clerical Amendment.--The table of sections at the
     beginning of such chapter is amended by adding at the end the
     following new item:

``130f. Treatment under Freedom of Information Act of certain critical
              infrastructure security information.''.


[...]

  Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
gentlelady from New York (Mrs. Maloney).
  Mrs. MALONEY. I thank the ranking member for his leadership, I thank
him and Chairman McKeon for the bipartisan approach of including
amendments in the en bloc, and I thank you for including my amendment
in en bloc No. 4.
  My amendment, No. 121, would narrow an overly broad exemption under
FOIA.
  We must protect certain critical security infrastructure information
to keep our defense operations, properties, and facilities safe from
terrorists. But we must not be overly broad in our definition. My
amendment strikes a balance between safeguarding our critical
infrastructure security information and the public's right to know.
  Withholding certain information could endanger the public. And to
give one example is the case of the Marine Corps Camp Lejeune water
contamination tragedy. For three decades, thousands of marines and
their families consumed tap water contaminated with chemicals, the
likely cause of their cancers.
  Led by Members of Congress, victims and supporters have blamed Marine
Corps leadership for hiding the problem and for failing to act.
  My amendment would prevent another Camp Lejeune from happening. I
thank the chairman and ranking member for including it in en bloc No.
4.