Sec. 1054. Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act

446 words·~2 min read·/bill/114/s/2943/es/section-1054

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subsection

(a)of section 130e of title 10, United States Code, is amended— in the matter preceding paragraph (1), by inserting or information related to military tactics, techniques, and procedures after security information ; by striking paragraph

(1)and inserting the following new paragraph (1): the information is— Department of Defense critical infrastructure security information; or related to a military tactic, technique, or procedure, including a military rule of engagement; ; by redesignating paragraph

(2)as paragraph (3); and by inserting after paragraph

(1)the following new paragraph (2): the public disclosure of the information could reasonably be expected to risk impairment of the effective operation of Department of Defense by providing an advantage to an adversary or potential adversary; and . Subsection

(c)of such section— is transferred to the end of such section and redesignated as subsection (f); and as so transferred and redesignated, is amended— by striking and inserting the following: Definition .—In this section, the Definitions .—In this section: The ; and by adding at the end the following new paragraphs: The term tactic means the employment and ordered arrangement of forces in relation to each other. The term technique means a non-prescriptive way or method used to perform a mission, function, or task. The term rule of engagement means a directive issued by a competent military authority that delineates the circumstances and limitations under which the armed forces will initiate or continue combat engagement with other forces encountered. . Such section is further amended— by striking subsection (d); by redesignating subsections

(e)and

(f)(as transferred and redesignated by subsection (b)(1) of this section) as subsections

(c)and (e), respectively; and in subsection (c), as redesignated by paragraph (2)— by striking , or the Secretary’s designee, ; and by striking through the Office of the Director of Administration and Management and inserting in accordance with guidelines prescribed by the Secretary . Such section is further amended— in subsection (a), as amended by subsection

(a)of this section, by striking pursuant to section 552(b)(3) of title 5 in the matter preceding paragraph (1); and by inserting after subsection (c), as redesignated by subsection (c)(2) of this section, the following new subsection (d): This section is a statute that specifically exempts certain matters from disclosure under section 552 of title 5, as described in subsection (b)(3) of that section. . The heading of such section is amended to read as follows: . The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130e and inserting the following new item: 130e. Nondisclosure of information: critical infrastructure; military tactics, techniques, and procedures .