I ask unanimous consent that the pending amendment be set aside, and amendment No. 1087, the Leahy FOIA amendment, be called up and then be set aside. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The clerk will report. The legislative clerk read as follows: The Senator from Vermont [Mr. Leahy] proposes an amendment numbered 1087. The amendment is as follows: (Purpose: To improve the provisions relating to the treatment of certain sensitive national security information under the Freedom of Information Act) Strike section 1044 and insert the following: SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN SENSITIVE NATIONAL SECURITY INFORMATION. (a) Critical Infrastructure Security Information.-- (1) In general.--The Secretary of Defense may exempt Department of Defense critical infrastructure security information from disclosure under section 552 of title 5, United States Code, upon a written determination that-- (A) the disclosure of such information would reveal vulnerabilities in such infrastructure that, if exploited, could result in the disruption, degradation, or destruction of Department of Defense operations, property, or facilities; and (B) the public interest in the disclosure of such information does not outweigh the Government's interest in withholding such information from the public.…
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