US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 130

Authority to withhold from public disclosure certain technical data

(a)
50 U.S.C. 460122 U.S.C. 2751 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 ( et seq.) or the Arms Export Control Act ( 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.

Pub. L. 98–94, title XII, § 1217(a)97 Stat. 690 Pub. L. 99–145, title XIII, § 1303(a)(3)99 Stat. 738 Pub. L. 99–433, title I100 Stat. 994 Pub. L. 100–26, § 7(k)(3)101 Stat. 284 Pub. L. 101–510, div. A, title XIV, § 1484(b)(1)104 Stat. 1715 Pub. L. 114–328, div. A, title X, § 1081(b)(3)(A)130 Stat. 2418 (Added , , , § 140c; amended , , ; renumbered § 130 and amended , §§ 101(a)(3), 110(d)(6), , , 1003; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 96–7293 Stat. 503 Pub. L. 115–232, div. A, title XVII, § 1766(a)132 Stat. 2232 50 U.S.C. 4611The Export Administration Act of 1979, referred to in subsec. (a), is , , , which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by , , , except for sections 11A, 11B, and 11C thereof (, 4612, 4613).

Pub. L. 90–62982 Stat. 1320 section 2751 of Title 22The Arms Export Control Act, referred to in subsec. (a), is , , , 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 and Tables.

Amendments

Pub. L. 114–32850 U.S.C. 46012016—Subsec. (a). substituted “( et seq.)” for “(50 U.S.C. App. 2401–2420)”.

Pub. L. 101–5101990—Subsecs. (b), (c). substituted “Regulations under this section” for “(1) Within 90 days after , 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).

Pub. L. 100–261987—Subsec. (b)(2). inserted “the term” after “In this section,”.

Pub. L. 99–433section 140c of this title1986— renumbered as this section and substituted “Authority” for “Secretary of Defense: authority” in section catchline.

Pub. L. 99–1451985—Subsec. (b)(1). substituted “” for “enactment of this section”.