Sec. 1662. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND LOCAL GOVERNMENTS
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## SEC. 1662 TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND LOCAL GOVERNMENTS ###
(a)Special Nuclear Material ####
(1)In general Section 128 of title 10, United States Code, is amended by adding at the end the following new subsection: > > ### “(d) > > Information that the Secretary prohibits to be disseminated pursuant to subsection
(a)that is provided to a State or local government shall remain under the control of the Department of Defense, and a State or local law authorizing or requiring a State or local government to disclose such information shall not apply to such information.” > . ####
(2)Conforming amendment The heading of such section is amended by striking “Physical protection” and inserting “Control and physical protection”. ####
(3)Clerical amendment The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 128 and inserting the following new item:" “128. Control and physical protection of special nuclear material: limitation on dissemination of unclassified information.” ". ###
(b)Critical Infrastructure Security Information **[**[10 U.S.C. 121](/us/usc/t10/s121)**]** Section 130e of such title is amended— ####
(1)by transferring subsection
(c)to the end of such section and redesignating such subsection, as so transferred, as subsection (f); and ####
(2)by striking subsection
(b)and inserting the following new subsections: > > ### “(b) Designation of Department of Defense Critical Infrastructure Security Information > > In addition to any other authority or requirement regarding protection from dissemination of information, the Secretary may designate information as being Department of Defense critical infrastructure security information, including during the course of creating such information, to ensure that such information is not disseminated without authorization. Information so designated is subject to the determination process under subsection
(a)to determine whether to exempt such information from disclosure described in such subsection. > > > ### “(c) Information Provided to State and Local Governments > > > ####
(1)> > Department of Defense critical infrastructure security information covered by a written determination under subsection
(a)or designated under subsection
(b)that is provided to a State or local government shall remain under the control of the Department of Defense. > > > #### “(2) > > > #####
(A)> > A State or local law authorizing or requiring a State or local government to disclose Department of Defense critical infrastructure security information that is covered by a written determination under subsection
(a)shall not apply to such information. > > > ##### “(B) > > If a person requests pursuant to a State or local law that a State or local government disclose information that is designated as Department of Defense critical infrastructure security information under subsection (b), the State or local government shall provide the Secretary an opportunity to carry out the determination process under subsection
(a)to determine whether to exempt such information from disclosure pursuant to subparagraph (A).” > .
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Sec. 1662
TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND LOCAL GOVERNMENTS
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