10 USC 130: Unclassified Technical Data with Military or Space Application

            
 
          Sec. 130. Authority to withhold from public disclosure certain 
        technical data
        
    (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. App. 2401-2420) 
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.

(Added Pub. L. 98-94, title XII, Sec. 1217(a), Sept. 24, 1983, 97 Stat. 
690, Sec. 140c; amended Pub. L. 99-145, title XIII, Sec. 1303(a)(3), 
Nov. 8, 1985, 99 Stat. 738; renumbered Sec. 130 and amended Pub. L. 99-
433, title I, Secs. 101(a)(3), 110(d)(6), Oct. 1, 1986, 100 Stat. 
994, 1003; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; 
Pub. L. 101-510, div. A, title XIV, Sec. 1484(b)(1), Nov. 5, 1990, 104 
Stat. 1715.)

                       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, as amended, which is 
classified principally to section 2401 et seq. of the Appendix to Title 
50, War and National Defense. For complete classification of this Act to 
the Code, see Short Title note set out under section 2401 of the 
Appendix to Title 50 and Tables.
    The Arms Export Control Act, referred to in subsec. (a), is Pub. L. 
90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified 
principally to chapter 39 (Sec. 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

    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''.