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


  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:


       (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 
  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.