§623. Protection and sharing of information

(a) In general

Notwithstanding any other provision of law, information developed under this subchapter, including vulnerability assessments, site security plans, and other security related information, records, and documents shall be given protections from public disclosure consistent with the protection of similar information under section 70103(d) of title 46.

(b) Sharing of information with States and local governments

Nothing in this section shall be construed to prohibit the sharing of information developed under this subchapter, as the Secretary determines appropriate, with State and local government officials possessing a need to know and the necessary security clearances, including law enforcement officials and first responders, for the purpose of carrying out this subchapter, provided that such information may not be disclosed pursuant to any State or local law.

(c) Sharing of information with first responders

(1) Requirement

The Secretary shall provide to State, local, and regional fusion centers (as that term is defined in section 124h(j)(1) of this title) and State and local government officials, as the Secretary determines appropriate, such information as is necessary to help ensure that first responders are properly prepared and provided with the situational awareness needed to respond to security incidents at covered chemical facilities.

(2) Dissemination

The Secretary shall disseminate information under paragraph (1) through a medium or system determined by the Secretary to be appropriate to ensure the secure and expeditious dissemination of such information to necessary selected individuals.

(d) Enforcement proceedings

In any proceeding to enforce this section, vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this subchapter, and related vulnerability or security information, shall be treated as if the information were classified information.

(e) Availability of information

Notwithstanding any other provision of law (including section 552(b)(3) of title 5), section 552 of title 5 (commonly known as the "Freedom of Information Act") shall not apply to information protected from public disclosure pursuant to subsection (a) of this section.

(f) Sharing of information with Members of Congress

Nothing in this section shall prohibit the Secretary from disclosing information developed under this subchapter to a Member of Congress in response to a request by a Member of Congress.

(Pub. L. 107–296, title XXI, §2103, as added Pub. L. 113–254, §2(a), Dec. 18, 2014, 128 Stat. 2911 .)

Termination of Section

For termination of section by section 5 of Pub. L. 113–254, see Effective and Termination Dates note below.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates

Section effective on the date that is 30 days after Dec. 18, 2014, and authority provided under this section to terminate on July 27, 2023, see sections 4(a) and 5 of Pub. L. 113–254, set out as notes under section 621 of this title.