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View Diary: Bush administration blocked stronger regulation of fertilizer plants in the wake of 9/11 (67 comments)

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  •  The Homeland Security Act (3+ / 0-)
    Recommended by:
    417els, DRo, Oh Mary Oh

    Public Law 107–296
    SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL INFRA- STRUCTURE INFORMATION.

    Notwithstanding any other provision of
    law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitu- tion, or other informational purpose, when accompanied by an express statement specified in paragraph (2)—
    (A) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act);
    (B) shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;
    (C) shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under Federal or State law if such information is submitted in good faith;
    (D) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this subtitle, except—
    (i) in furtherance of an investigation or the prosecution of a criminal act; or
    (ii) when disclosure of the information would be— (I) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint com-
    mittee; or
    (II) to the Comptroller General, or any author-
    ized representative of the Comptroller General, in the course of the performance of the duties of the General Accounting Office.
    (E) shall not, if provided to a State or local government or government agency—
    (i) be made available pursuant to any State or local law requiring disclosure of information or records; (ii) otherwise be disclosed or distributed to any party by said State or local government or government agency without the written consent of the person or
    entity submitting such information; or
    (iii) be used other than for the purpose of pro-
    tecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and
    (F) does not constitute a waiver of any applicable privi-
    lege or protection provided under law, such as trade secret protection.
    There's more, including section (f) "Penalties," which serves to silence potential whistleblowers in the federal government.
    Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any critical infrastructure information protected from disclosure by this subtitle coming to him in the course of this employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with, such department or agency or officer or employee thereof, shall be fined under title 18 of the United States Code, imprisoned not more than 1 year, or both, and shall be removed from office or employment.
    Supposedly, this law was passed to protect citizens from harm. But, you see...

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