10 U.S.C. § 130: Authority to withhold from…

Summary

The Secretary of Defense can keep technical data about military or space uses from the public if U.S. export laws require an approval, authorization, or license to send it abroad. If export rules allow a general, unrestricted license or exemption, the data can’t be withheld. New rules must be published at least 30 days for public comment and must address sharing with allies and qualified U.S. contractors, including small businesses, for government contracts. "Technical data with military or space application" — blueprints, drawings, plans, instructions, software, or similar technical information used to design, build, operate, repair, or reproduce military or space equipment.

Title 10, §130

Armed Forces, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Secretary of Defense may withhold from public disclosure any technical data with military or space application in the possession of, or under the control of, the Department of Defense, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.). However, technical data may not be withheld under this section if regulations promulgated under either such Act authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations.

(b)Regulations under this section shall be published in the Federal Register for a period of no less than 30 days for public comment before promulgation. Such regulations shall address, where appropriate, releases of technical data to allies of the United States and to qualified United States contractors, including United States contractors that are small business concerns, for use in performing United States Government contracts.

(c)In this section, the term “technical data with military or space application” means any blueprints, drawings, plans, instructions, computer software and documentation, or other technical information that can be used, or be adapted for use, to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce any military or space equipment or technology concerning such equipment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Export Administration Act of 1979, referred to in subsec. (a), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for section 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of Title 22 and Tables.

Amendments

2016—Subsec. (a). Pub. L. 114–328 substituted “(50 U.S.C. 4601 et seq.)” for “(50 U.S.C. App. 2401–2420)”. 1990—Subsecs. (b), (c). Pub. L. 101–510 substituted “

Regulations

under this section” for “(1) Within 90 days after September 24, 1983, the Secretary of Defense shall propose

Regulations

to implement this section. Such

Regulations

” in subsec. (b) and redesignated former subsec. (b)(2) as subsec. (c). 1987—Subsec. (b)(2). Pub. L. 100–26 inserted “the term” after “In this section,”. 1986—Pub. L. 99–433 renumbered section 140c of this title as this section and substituted “Authority” for “Secretary of Defense: authority” in section catchline. 1985—Subsec. (b)(1). Pub. L. 99–145 substituted “September 24, 1983” for “enactment of this section”.

§130 Authority to Withhold From Public Disclosure Certain Technical Data

Summary

Title 10, §130

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Regulations

Regulations

Regulations

Citations & Metadata