Restoration of Freedom of Information Act of 2003 (Critical Infrastructure Exemption)
Current understanding
The Restoration of Freedom of Information Act of 2003 was a legislative proposal to narrow the FOIA exemption for critical infrastructure information created under the Homeland Security Act of 2002. It would have limited the exemption to voluntarily submitted records of critical infrastructure vulnerabilities that the submitter designates as confidential and does not customarily disclose to the public. Status: introduced in the 108th Congress; the finding reflects an incremental adjustment to existing FOIA and homeland security disclosure law rather than a novel mechanism.
Evidence log
- 2008-07-31 — Improving Public Access to Documents Act of 2008: cross-connection with improving-public-access-to-documents-act-2008: Both address the boundary between DHS-controlled sensitive information regimes and public/FOIA access — CUI standardization vs. Critical Infrastructure Information exemption scope. (novelty: 2)
- 2006-04-17 — To provide for supply chain security cooperation between Department of Homeland Security and the private sector, and for other purposes.: cross-connection with dhs-supply-chain-security-cooperation-hr5144: HR5144’s protections for voluntarily submitted private sector supply chain risk information parallel the Critical Infrastructure Information FOIA exemption debated in the Restoration of FOIA Act of 2003 — both concern the scope of confidentiality guarantees needed to induce private-sector sharing with DHS. (novelty: 2)