; and (ii) such application requires such alien to be placed in, or referred to proceedings under section 240 that are not available to such alien under this section. (J) Protection of information (i) Sensitive or law enforcement information Nothing in this section may be construed to compel any employee of the Department of Homeland Security to disclose any information that is otherwise protected from disclosure by law. (ii) Protection of certain information Before providing the record described in subparagraph (F) to the alien or to the alien’s counsel of record, the Director shall protect any information that is prohibited by law from being disclosed. (c) Protection determination (1) Identity verification The Secretary may not conduct the protection determination with respect to an alien until the identity of the alien has been checked against all appropriate records and databases maintained by the Attorney General, the Secretary of State, or the Secretary. (2) In general (A) Eligibility Upon the establishing the identity of an alien pursuant to paragraph (1), the asylum officer shall conduct a protection determination in a location selected in accordance with this section. (B) Outcome (i) Positive protection determination outcome If the protection determination conducted pursuant to subparagraph (A) results in a positive protection determination outcome, the alien shall be referred to protection merits removal proceedings in accordance with the procedures described in paragraph (4). (ii) Negative protection determination outcome If such protection determination results in a negative protection determination outcome, the alien shall be subject to the process described in subsection (d). (3) Record (A) Use of record In each protection determination, or any review of such determination, the record of the alien’s protection determination required under subsection (b)(3)(F) shall constitute the underlying application for the alien’s application for asylum, withholding of removal under section 241(b)(3), or