[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.