brought under the securities laws as is
defined in section 3(a)(47) of the
Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(47))--
(I) does not include
information or statements
contained in any documents or
materials filed with the
Securities and Exchange
Commission, or with Federal
banking regulators, pursuant to
section 12(i) of the Securities
Exchange Act of 1934 (15 U.S.C.
781(I)); and
(II) with respect to the
submittal of critical
infrastructure information,
does not include any disclosure
or writing that when made
accompanied the solicitation of
an offer or a sale of
securities; and
(ii) does not include information
or statements submitted or relied upon
as a basis for making licensing or
permitting determinations, or during
regulatory proceedings.
SEC. 213. [6 U.S.C. 132] DESIGNATION OF CRITICAL INFRASTRUCTURE
PROTECTION PROGRAM.
A critical infrastructure protection program may be
designated as such by one of the following:
(1) The President.
(2) The Secretary of Homeland Security.
SEC. 214. [6 U.S.C. 123] PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.
(a) Protection.--
(1) In general.--Notwithstanding any other
provision of law, critical infrastructure information
(including the identity of the submitting person or
entity) that is voluntarily submitted to a covered
Federal agency for use by that agency regarding the
security of critical infrastructure and protected
systems, analysis, warning, interdependency study,
recovery, reconstitution, or other inform
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