§130 Authority to withhold from public disclosure certain technical data

Summary

The Secretary of Defense can keep technical information about military or space systems secret when U.S. law says that information cannot be sent out of the country without a license or approval under the Export Administration Act of 1979 or the Arms Export Control Act. If those laws allow the information to be exported under a general, unrestricted license or exemption, the Secretary cannot withhold it. The Department must publish rules in the Federal Register for at least 30 days for public comment. The rules must say how to handle sharing such data with U.S. allies and with qualified U.S. contractors, including small businesses, for government contracts. "Technical data" means blueprints, drawings, plans, instructions, software and other technical information used to design, build, operate, repair, or copy military or space equipment.