(i) be made available pursuant to
any State or local law requiring
disclosure of information or records;
(ii) otherwise be disclosed or
distributed to any party by said State
or local government or government
agency without the written consent of
the person or entity submitting such
information; or
(iii) be used other than for the
purpose of protecting critical
infrastructure or protected systems, or
in furtherance of an investigation or
the prosecution of a criminal act; and
(F) does not constitute a waiver of any
applicable privilege or protection provided
under law, such as trade secret protection.
(2) Express statement.--For purposes of paragraph
(1), the term ``express statement'', with respect to
information or records, means--
(A) in the case of written information or
records, a written marking on the information
or records substantially similar to the
following: ``This information is voluntarily
submitted to the Federal Government in
expectation of protection from disclosure as
provided by the provisions of the Critical
Infrastructure Information Act of 2002.''; or
(B) in the case of oral information, a
similar written statement submitted within a
reasonable period following the oral
communication.
(b) Limitation.--No communication of critical
infrastructure information to a covered Federal agency made
pursuant to this subtitle shall be considered to be an action
subject to the requirements of the Federal Advisory Committee
Act (5 U.S.C. App. 2).
(c) Independently Obtained Information.--Nothing in this
section shall be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable law,
to obtain critical infrastructure information in a manner not
covered by subsection (a), including any informati