10 USC 130c: Certain Sensitive Information of Foreign Governments and International Organizations

            
 
          Sec. 130c. Nondisclosure of information: certain sensitive 
        information of foreign governments and international 
        organizations
        
    (a) Exemption From Disclosure.--The national security official 
concerned (as defined in subsection (h)) may withhold from public 
disclosure otherwise required by law sensitive information of foreign 
governments in accordance with this section.
    (b) Information Eligible for Exemption.--For the purposes of this 
section, information is sensitive information of a foreign government 
only if the national security official concerned makes each of the 
following determinations with respect to the information:
        (1) That the information was provided by, otherwise made 
    available by, or produced in cooperation with, a foreign government 
    or international organization.
        (2) That the foreign government or international organization is 
    withholding the information from public disclosure (relying for that 
    determination on the written representation of the foreign 
    government or international organization to that effect).

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        (3) That any of the following conditions are met:
            (A) The foreign government or international organization 
        requests, in writing, that the information be withheld.
            (B) The information was provided or made available to the 
        United States Government on the condition that it not be 
        released to the public.
            (C) The information is an item of information, or is in a 
        category of information, that the national security official 
        concerned has specified in regulations prescribed under 
        subsection (g) as being information the release of which would 
        have an adverse effect on the ability of the United States 
        Government to obtain the same or similar information in the 
        future.

    (c) Information of Other Agencies.--If the national security 
official concerned provides to the head of another agency sensitive 
information of a foreign government, as determined by that national 
security official under subsection (b), and informs the head of the 
other agency of that determination, then the head of the other agency 
shall withhold the information from any public disclosure unless that 
national security official specifically authorizes the disclosure.
    (d) Limitations.--(1) If a request for disclosure covers any 
sensitive information of a foreign government (as described in 
subsection (b)) that came into the possession or under the control of 
the United States Government before October 30, 2000, and more than 25 
years before the request is received by an agency, the information may 
be withheld only as set forth in paragraph (3).
    (2)(A) If a request for disclosure covers any sensitive information 
of a foreign government (as described in subsection (b)) that came into 
the possession or under the control of the United States Government on 
or after the date referred to in paragraph (1), the authority to 
withhold the information under this section is subject to the provisions 
of subparagraphs (B) and (C).
    (B) Information referred to in subparagraph (A) may not be withheld 
under this section after--
        (i) the date that is specified by a foreign government or 
    international organization in a request or expression of a condition 
    described in paragraph (1) or (2) of subsection (b) that is made by 
    the foreign government or international organization concerning the 
    information; or
        (ii) if there are more than one such foreign governments or 
    international organizations, the latest date so specified by any of 
    them.

    (C) If no date is applicable under subparagraph (B) to a request 
referred to in subparagraph (A) and the information referred to in that 
subparagraph came into possession or under the control of the United 
States more than 10 years before the date on which the request is 
received by an agency, the information may be withheld under this 
section only as set forth in paragraph (3).
    (3) Information referred to in paragraph (1) or (2)(C) may be 
withheld under this section in the case of a request for disclosure only 
if, upon the notification of each foreign government and international 
organization concerned in accordance with the regulations prescribed 
under subsection (g)(2), any such government or organization requests in 
writing that the information not be disclosed for an additional period 
stated in the request of that government or organization. After the 
national security official concerned considers the request of the 
foreign government or international organization, the official shall 
designate a later date as the date after which the information is not to 
be withheld under this section. The later date may be extended in 
accordance with a later request of any such foreign government or 
international organization under this paragraph.
    (e) Information Protected Under Other Authority.--This section does 
not apply to information or matters that are specifically required in 
the interest of national defense or foreign policy to be protected 
against unauthorized disclosure under criteria established by an 
Executive order and are classified, properly, at the confidential, 
secret, or top secret level pursuant to such Executive order.
    (f) Disclosures Not Affected.--Nothing in this section shall be 
construed to authorize any official to withhold, or to authorize the 
withholding of, information from the following:
        (1) Congress.
        (2) The Comptroller General, unless the information relates to 
    activities that the President designates as foreign intelligence or 
    counterintelligence activities.

    (g) Regulations.--(1) The national security officials referred to in 
subsection (h)(1) shall each prescribe regulations to carry out this 
section. The regulations shall include criteria for making the 
determinations required under subsection (b). The regulations may 
provide for controls on access to and use of, and special markings and 
specific safeguards for, a category or categories of information subject 
to this section.
    (2) The regulations shall include procedures for notifying and 
consulting with each foreign government or international organization 
concerned about requests for disclosure of information to which this 
section applies.
    (h) Definitions.--In this section:
        (1) The term ``national security official concerned'' means the 
    following:
            (A) The Secretary of Defense, with respect to information of 
        concern to the Department of Defense, as determined by the 
        Secretary.
            (B) The Secretary of Homeland Security, with respect to 
        information of concern to the Coast Guard, as determined by the 
        Secretary, but only while the Coast Guard is not operating as a 
        service in the Navy.
            (C) The Secretary of Energy, with respect to information 
        concerning the national security programs of the Department of 
        Energy, as determined by the Secretary.

        (2) The term ``agency'' has the meaning given that term in 
    section 552(f) of title 5.
        (3) The term ``international organization'' means the following:
            (A) A public international organization designated pursuant 
        to section 1 of the International Organizations Immunities Act

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        (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the 
        privileges, exemptions, and immunities provided in such Act.
            (B) A public international organization created pursuant to 
        a treaty or other international agreement as an instrument 
        through or by which two or more foreign governments engage in 
        some aspect of their conduct of international affairs.
            (C) An official mission, except a United States mission, to 
        a public international organization referred to in subparagraph 
        (A) or (B).

(Added Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1073(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-277; amended Pub. L. 107-107, div. A, 
title X, Sec. 1048(a)(3), (c)(1), Dec. 28, 2001, 115 Stat. 1222, 1226; 
Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 
2314.)

                       References in Text

    The International Organizations Immunities Act, referred to in 
subsec. (h)(3)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 
669, as amended, which is classified principally to subchapter XVIII 
(Sec. 288 et seq.) of chapter 7 of Title 22, Foreign Relations and 
Intercourse. For complete classification of this Act to the Code, see 
Short Title note set out under section 288 of Title 22 and Tables.


                               Amendments

    2002--Subsec. (h)(1)(B). Pub. L. 107-296 substituted ``of Homeland 
Security'' for ``of Transportation''.
    2001--Subsec. (b)(3)(C). Pub. L. 107-107, Sec. 1048(a)(3), 
substituted ``subsection (g)'' for ``subsection (f)''.
    Subsec. (d)(1). Pub. L. 107-107, Sec. 1048(c)(1), substituted 
``October 30, 2000,'' for ``the date of the enactment of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001''.


                    Effective Date of 2002 Amendment

    Amendment 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.