10 U.S.C. § 130b: Personnel in overseas…

Summary

The Secretary of Defense and, for the Coast Guard when it is not operating as part of the Navy, the Secretary of Homeland Security can have certain personal information kept from the public, even if section 552 of title 5 would otherwise require release. That protection can apply to members of the armed forces assigned to overseas, sensitive, or routinely deployable units and to Department of Defense or Coast Guard employees who work with those units. The President may set exceptions, and nothing in this rule lets officials hide information from Congress. Personally identifying information: a person’s name, rank, duty address, official title, and pay information. Unit: a military organization. Overseas unit: located outside the United States and its territories. Sensitive unit: mainly involved in special or classified missions (examples include units handling classified materials, training special operations, security group weapons stations, and communications stations, or any unit the Secretary designates). Routinely deployable unit: a unit that normally deploys away from its home station on a regular or rotating basis for peacetime operations or scheduled training, and includes units alerted for deployment during contingency or crisis operations.

Title 10, §130b

Armed Forces, Source: USLM XML via OLRC

(a)Exemption From Disclosure.—

The Secretary of Defense and, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security may, notwithstanding section 552 of title 5, authorize to be withheld from disclosure to the public personally identifying information regarding—

(1)any member of the armed forces assigned to an overseas unit, a sensitive unit, or a routinely deployable unit; and

(2)any employee of the Department of Defense or of the Coast Guard whose duty station is with any such unit.

(b)Exceptions.—

(1)The authority in subsection (a) is subject to such exceptions as the President may direct.

(2)Subsection (a) does not authorize any official to withhold, or to authorize the withholding of, information from Congress.

(c)Definitions.—

In this section: (1)

(2)The term “unit” means a military organization of the armed forces designated as a unit by competent authority.

(3)The term “overseas unit” means a unit that is located outside the United States and its territories.

(4)The term “sensitive unit” means a unit that is primarily involved in training for the conduct of, or conducting, special activities or classified missions, including—

(A)a unit involved in collecting, handling, disposing, or storing of classified information and materials;

(B)a unit engaged in training—

(i)special operations units;

(ii)security group commands weapons stations; or

(iii)communications stations; and

(C)any other unit that is designated as a sensitive unit by the Secretary of Defense or, in the case of the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Homeland Security.

(5)The term “routinely deployable unit” means a unit that normally deploys from its permanent home station on a periodic or rotating basis to meet peacetime operational requirements that, or to participate in scheduled training exercises that, routinely require deployments outside the United States and its territories. Such term includes a unit that is alerted for deployment outside the United States and its territories during an actual execution of a contingency plan or in support of a crisis operation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsecs. (a), (c)(4)(C). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

§130b Personnel in Overseas, Sensitive, or Routinely Deployable Units: Nondisclosure of Personally Identifying Information