Disclosure of Information under the Fiscal Year 1999 State Domestic Preparedness Equipment Program [open pdf - 10KB]
"The Office of Justice Programs (OJP), Office for State and Local Domestic Preparedness Support (OSLDPS), recently held five regional conferences designed to introduce states to the level of effort and the types of information required for the threat, risk and needs assessments associated with the Fiscal Year 1999 State Domestic Preparedness Equipment Program. The conferences also provided an opportunity to ask questions and allow each state to begin formulating their assessment methodologies. One key question raised at these conferences was whether data submitted as part of the threat, risk and needs assessments would be subject to disclosure at the federal level under the Freedom of Information Act (FOIA). The OJP Office of the General Counsel (OGC) has considered this issue and has determined that sensitive information submitted by State and local jurisdictions to secure funding from OSLDPS, including information about a jurisdiction's threat, risk and needs assessments (including discussions of demographics, transportation, public works, and industrial and public health infrastructures) with regard to terrorist threats and activities may not need to be disclosed because it qualifies under the terms of exemption 7(E) of the FOIA. Exemption 7(E) exempts from disclosure "records or information compiled for law enforcement purposes, but only to the extent that the production of such records or information... would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law." 5 U.S.C. § 552(b)(7)(E)."
OSLDPS Information Bulletin No. 00-007; Office for State and Local Domestic Preparedness Support Information Bulletin No. 00-007
Government Printing Office: http://www.gpoaccess.gov/