FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN OPEN SKIES TREATY DATA.

SEC. 533. FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN OPEN SKIES TREATY DATA. (a) In General.— Data with respect to a foreign country collected by sensors during observation flights conducted in connection with the Treaty on Open Skies, including flights conducted prior to entry into force of the treaty, shall be exempt from disclosure under the Freedom of Information Act— (1) if the country has not disclosed the data to the public; and (2) if the country has not, acting through the Open Skies Consultative Commission or any other diplomatic channel, authorized the United States to disclose the data to the public. (b) Statutory Construction.— This section constitutes a specific exemption within the meaning of section 552(b)(3) of title 5, United States Code. (c) Definitions.— For the purposes of this section— (1) the term “Freedom of Information Act” means the provisions of section 552 of title 5, United States Code; (2) the term “Open Skies Consultative Commission” means the commission established pursuant to Article X of the Treaty on Open Skies; and (3) the term “Treaty on Open Skies” means the Treaty on Open Skies, signed at Helsinki on March 24, 1992.