§ 2254a. Data files of military flight operations quality assurance systems: exemption from disclosure under Freedom of Information Act

• (a)
  • (1) The Secretary of Defense may exempt information contained in any data file of the military flight operations quality assurance system of a military department from disclosure under section 552(b)(3) of title 5 , upon a written determination that—
    • (A) the information is sensitive information concerning military aircraft, units, or aircrew; and
    • (B) the public interest consideration in the disclosure of such information does not outweigh preventing the disclosure of such information.
  • (2) In this section, the term “data file” means a file of the military flight operations quality assurance (in this section referred to as “MFOQA”) system that contains information acquired or generated by the MFOQA system, including—
    • (A) any data base containing raw MFOQA data; and
    • (B) any analysis or report generated by the MFOQA system or which is derived from MFOQA data.
  • (3) Information that is exempt under paragraph (1) from disclosure under section 552(b)(3) of title 5 shall be exempt from such disclosure even if such information is contained in a data file that is not exempt in its entirety from such disclosure.
  • (4) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the enactment of this section and which specifically cites and repeals or modifies those provisions.
• (b) The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall ensure consistent application of the authority in subsection (a) across the military departments.
• (c) Each determination of the Secretary under subsection (a) shall be made in writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall be available to the public, upon request.