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10 U.S.C. § 130 — Authority to withhold from public disclosure certain technical data
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4601&num=0&edition=prelim) et seq.) or the Arms Export Control Act ([22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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.
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Source location: Title 10, Chapter 3, § 130; chapter-003-general-powers-and-functions.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4601&num=0&edition=prelim) et seq.) or the Arms Export Control Act ([22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination by the President** The President, subject to subsection (c), shall apply sanctions under subsection (b) for a period of not less than 2 years and not more than 5 years, if the President determines that—
(1) a foreign person has violated any regulation issued by a country to control exports for national security purposes pursuant to the agreement of the group known as the Coordinating Committee, and
(2) such violation has resulted in substantial enhancement of Soviet and East bloc capabilities in submarine or antisubmarine warfare, ballistic or antiballistic missile technology, strategic aircraft, command, control, communications and intelligence, or other critical technologies as determined by the President, on the advice of the National Security Council, to represent a serious adverse impact on the strategic balance of forces.
The President shall notify the Congress of each action taken under this section. This section, except subsections (h) and (j), applies only to violations that occur after August 23, 1988.
**(b) Sanctions** The sanctions referred to in subsection (a) shall apply to the foreign person committing the violation, as well as to any parent, affiliate, subsidiary, and successor entity of the foreign person, and, except as provided in subsection (c), are as follows:
(1) a prohibition on contracting with, and procurement of products and services from, a sanctioned person, by any department, agency, or instrumentality of the United States Government, and
(2) a prohibition on importation into the United States of all products produced by a sanctioned person.
**(c) Exceptions** The President shall not apply sanctions under this section—
(1) in the case of procurement of defense articles or defense services—
(A) under existing con
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4611
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979.
Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth findings of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.
#### Short Title of 1985 Amendment
Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: “Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, [section 1864 of Title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1864&num=0&edition=prelim), Customs Duties, and [section 466c of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section466c&num=0&edition=prelim), Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and [section 185 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim), Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
Page 165
TITLE 10—ARMED FORCES
§ 130
‘‘(3) REPORT ON STUDY.—Not later than May 1, 2006,
the Comptroller General shall submit to the Commit-
tees on Armed Services of the Senate and House of
Representatives a report containing the results of the
study under this section.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘military medical or dental position’
means a position for the performance of health care
functions within the Armed Forces held by a member
of the Armed Forces.
‘‘(2) The term ‘civilian medical or dental position’
means a position for the performance of health care
functions within the Department of Defense held by
an employee of the Department or of a contractor of
the Department.
‘‘(3) The term ‘affected area’ means an area in
which military medical or dental positions were con-
verted to civilian medical or dental positions before
October 1, 2004, or in which such conversions are
scheduled to occur in the future.
‘‘(4) The term ‘uniformed services’ has the meaning
given that term in section 1072(1) of title 10, United
States Code.’’
SPECIAL TRANSITION RULE FOR FISCAL YEAR 1996
Pub. L. 104–106, div. A, title V, § 564(b), Feb. 10, 1996,
110 Stat. 326, provided that, for purposes of applying
subsec. (b)(1) of this section during fiscal year 1996, the
number against which the percentage limitation of 95
percent was to be computed would be the number of
medical personnel of the Department of Defense as of
the end of fiscal year 1994, rather than the number as
of the end of fiscal year 1995.
§ 129d. Disclosure to litigation support contrac-
tors
(a) DISCLOSURE AUTHORITY.—An officer or em-
ployee of the Department of Defense may dis-
close sensitive information to a litigation sup-
port contractor if—
(1) the disclosure is for t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 130
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Federal law — U.S. Code and appendices · legal_authorities
Page 1185
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
Sec.
2762.
Procurement for cash sales.
2763.
Credit sales.
2764.
Guaranties.
2765.
Annual estimate and justification for
sales program.
2766.
Security assistance surveys.
2767.
Authority of President to enter into co-
operative projects with friendly for-
eign countries.
2767a, 2768.
Repealed.
SUBCHAPTER II–A—FOREIGN MILITARY
CONSTRUCTION SALES
2769.
Foreign military construction sales.
SUBCHAPTER II–B—SALES TO UNITED STATES
COMPANIES FOR INCORPORATION INTO END
ITEMS
2770.
General authority.
SUBCHAPTER II–C—EXCHANGE OF TRAINING AND
RELATED SUPPORT
2770a.
Exchange of training and related sup-
port.
SUBCHAPTER III—MILITARY EXPORT CONTROLS
2771.
Military sales authorizations and ceil-
ings.
2772.
Repealed.
2773.
Restraint in arms sales to Sub-Saharan
Africa.
2774.
Foreign military sales credit standards.
2775.
Foreign military sales to less developed
countries.
2776.
Reports and certifications to Congress
on military exports.
2776a.
Repealed.
2777.
Fiscal provisions relating to foreign
military sales credits.
2778.
Control of arms exports and imports.
2778a.
Exportation of uranium depleted in the
isotope 235.
2779.
Fees of military sales agents.
2779a.
Prohibition on incentive payments.
2780.
Transactions with countries supporting
acts of international terrorism.
2781.
Transactions with countries not fully co-
operating
with
United
States
antiterrorism efforts.
SUBCHAPTER III–A—END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE SERVICES
2785.
End-use monitoring of defense articles
and defense services.
SUBCHAPTER IV—GENERAL, ADMINISTRATIVE,
AND MISCELLANEOUS PROVISIONS
2791.
General provisions.
2792.
Administrative expenses.
2793.
Othe
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2751
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Federal law — U.S. Code and appendices · legal_authorities
Page 1178
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4601
‘‘(2) RECOMMENDATIONS
FOR
MODIFICATIONS.—The
interagency team shall submit to the President any
recommendations for modifications of any existing or
proposed memorandum of understanding between of-
ficials acting on behalf of the United States and one
or more foreign countries (or any instrumentality of
a foreign country) relating to—
‘‘(A) research, development, or production of de-
fense equipment; or
‘‘(B) the reciprocal procurement of defense
items.’’
Executive Documents
DELEGATION OF FUNCTIONS
For directive to Secretary of Commerce to prepare
and submit annual report required by this section, see
section 702 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R.
16658, set out as a note under section 4553 of this title.
EX. ORD. NO. 13177. NATIONAL COMMISSION ON THE USE OF
OFFSETS IN DEFENSE TRADE AND PRESIDENT’S COUNCIL
ON THE USE OF OFFSETS IN COMMERCIAL TRADE
Ex. Ord. No. 13177, Dec. 4, 2000, 65 F.R. 76558, as
amended by Ex. Ord. No. 13316, § 3(f), Sept. 17, 2003, 68
F.R. 55256, provided:
By the authority vested in the President by the Con-
stitution and the laws of the United States of America,
including Public Law 106–113 [see Tables for classifica-
tion] and the Federal Advisory Committee Act, as
amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et
seq.], and in order to implement section 1247 of Public
Law 106–113 (113 Stat. 1501A–502) [set out in a note
above] and to create a parallel ‘‘President’s Council on
the Use of Offsets in Commercial Trade,’’ it is hereby
ordered as follows:
SECTION
1. Membership. Pursuant to Public Law
106–113, the ‘‘National Commission on the Use of Offsets
in Defense Trade’’ (Commission) comprises 11 members
appointed by the President with the concurrence o
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4601
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