Department of Homeland Security Authorization for Fiscal Year 2006 (H.R. 1817)

On May 18, 2005, the House passed the Homeland Security Authorization Act for 2006, which includes a section that would preempt state open government laws. Subtitle D of this bill would require the Secretary of Homeland Security to complete a prioritization of the nation’s critical infrastructure, review the security plans of the prioritized infrastructure, and recommend changes to those plans. Section 334 would exempt from state and local open government laws all information “generated, compiled, or disseminated by the Department of Homeland Security” for this subtitle and provided to state and local governments.