10 U.S.C. § 130c — Nondisclosure of information: certain sen-

Page 166 TITLE 10—ARMED FORCES § 130a 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 ‘‘Sep- tember 24, 1983’’ for ‘‘enactment of this section’’. § 130a. Department of Defense support for funer- als and memorial events for Members and former Members of Congress (a) SUPPORT FOR FUNERALS.—Subject to sub- section (b), the Secretary of Defense may pro- vide such support as the Secretary considers ap- propriate for a funeral or memorial event for a Member or former Member of Congress, includ- ing support with respect to transportation to and from such a funeral or memorial event, in accordance with this section. (b) REQUESTS FOR SUPPORT; SECRETARY DETER- MINATION.—The Secretary may provide support under this section— (1) upon request from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, or the Minority Leader of the Senate; or (2) if the Secretary determines such support is necessary to carry out duties or responsibil- ities of the Department of Defense. (c) USE OF FUNDS.—The Secretary may use funds authorized to be appropriated for oper- ation and maintenance to provide support under this section. (Added Pub. L. 117–263, div. A, title X, § 1042(a), Dec. 23, 2022, 136 Stat. 2770.) Editorial Notes PRIOR PROVISIONS A prior section 130a, added Pub. L. 105–85, div. A, title IX, § 911(a)(1), Nov. 18, 1997, 111 Stat. 1857; amended Pub. L. 106–65, div. A, title IX, § 921(a)(1), Oct. 5, 1999, 113 Stat. 722; Pub. L. 106–398, § 1 [[div. A], title IX, § 941], Oct. 30, 2000, 114 Stat. 1654, 1654A–241; Pub. L. 108–375, div. A, title X, § 1084(d)(2), Oct. 28, 2004, 118 Stat. 2061, related to major Department of Defense headquarters activities personnel, prior to repeal by Pub. L. 110–181, div. A, title IX, § 901(a)(1), Jan. 28, 2008, 122 Stat. 272. § 130b. Personnel in overseas, sensitive, or rou- tinely deployable units: nondisclosure of per- sonally identifying information (a) EXEMPTION FROM DISCLOSURE.—The Sec- retary 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, au- thorize to be withheld from disclosure to the public personally identifying information re- garding— (1) any member of the armed forces assigned to an overseas unit, a sensitive unit, or a rou- tinely deployable unit; and (2) any employee of the Department of De- fense or of the Coast Guard whose duty station is with any such unit. (b) EXCEPTIONS.—(1) The authority in sub- section (a) is subject to such exceptions as the President may direct. (2) Subsection (a) does not authorize any offi- cial to withhold, or to authorize the withholding of, information from Congress. (c) DEFINITIONS.—In this section: (1) The term ‘‘personally identifying infor- mation’’, with respect to any person, means the person’s name, rank, duty address, and of- ficial title and information regarding the per- son’s pay. (2) The term ‘‘unit’’ means a military orga- nization 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 informa- tion 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 ro- tating basis to meet peacetime operational re- quirements that, or to participate in sched- uled 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 exe- cution of a contingency plan or in support of a crisis operation. (Added Pub. L. 106–65, div. A, title X, § 1044(a), Oct. 5, 1999, 113 Stat. 761; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes AMENDMENTS 2002—Subsecs. (a), (c)(4)(C). Pub. L. 107–296 sub- stituted ‘‘of Homeland Security’’ for ‘‘of Transpor- tation’’. Statutory Notes and Related Subsidiaries 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. § 130c. Nondisclosure of information: certain sen- sitive information of foreign governments and international organizations (a) EXEMPTION FROM DISCLOSURE.—The na- tional security official concerned (as defined in Page 167 TITLE 10—ARMED FORCES § 130c subsection (h)) may withhold from public disclo- sure otherwise required by law sensitive infor- mation 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 inter- national organization is withholding the infor- mation from public disclosure (relying for that determination on the written representation of the foreign government or international or- ganization to that effect). (3) That any of the following conditions are met: (A) The foreign government or inter- national 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 informa- tion, 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 re- lease of which would have an adverse effect on the ability of the United States Govern- ment to obtain the same or similar informa- tion in the future. (c) INFORMATION OF OTHER AGENCIES.—If the national security official concerned provides to the head of another agency sensitive informa- tion 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 re- quest 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 gov- ernment or international organization in a re- quest or expression of a condition described in paragraph (1) or (2) of subsection (b) that is made by the foreign government or inter- national organization concerning the informa- tion; 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 subpara- graph 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 accord- ance with the regulations prescribed under sub- section (g)(2), any such government or organiza- tion requests in writing that the information not be disclosed for an additional period stated in the request of that government or organiza- tion. After the national security official con- cerned considers the request of the foreign gov- ernment or international organization, the offi- cial 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 ex- tended in accordance with a later request of any such foreign government or international orga- nization under this paragraph. (e) INFORMATION PROTECTED UNDER OTHER AU- THORITY.—This section does not apply to infor- mation or matters that are specifically required in the interest of national defense or foreign pol- icy to be protected against unauthorized disclo- sure under criteria established by an Executive order and are classified, properly, at the con- fidential, 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 with- holding of, information from the following: (1) Congress. (2) The Comptroller General, unless the in- formation relates to activities that the Presi- dent designates as foreign intelligence or counterintelligence activities. (g) REGULATIONS.—(1) The national security of- ficials referred to in subsection (h)(1) shall each prescribe regulations to carry out this section. The regulations shall include criteria for mak- ing the determinations required under sub- section (b). The regulations may provide for con- trols on access to and use of, and special mark- ings and specific safeguards for, a category or categories of information subject to this sec- tion. (2) The regulations shall include procedures for notifying and consulting with each foreign government or international organization con- cerned about requests for disclosure of informa- tion to which this section applies. (h) DEFINITIONS.—In this section: (1) The term ‘‘national security official con- cerned’’ means the following: Page 168 TITLE 10—ARMED FORCES § 130d (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 Sec- retary, 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 secu- rity 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 (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the privileges, exemptions, and im- munities provided in such Act. (B) A public international organization created pursuant to a treaty or other inter- national 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 or- ganization referred to in subparagraph (A) or (B). (Added Pub. L. 106–398, § 1 [[div. A], title X, § 1073(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–277; amended Pub. L. 107–107, div. A, title X, § 1048(a)(3), (c)(1), Dec. 28, 2001, 115 Stat. 1222, 1226; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes REFERENCES IN TEXT The International Organizations Immunities Act, re- ferred to in subsec. (h)(3)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 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, § 1048(a)(3), substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. Subsec. (d)(1). Pub. L. 107–107, § 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’’. Statutory Notes and Related Subsidiaries 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. § 130d. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel Confidential business information and other sensitive but unclassified homeland security in- formation in the possession of the Department of Defense that is shared, pursuant to section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482), with State and local personnel (as defined in such section) shall not be subject to disclo- sure under section 552 of title 5 by virtue of the sharing of such information with such per- sonnel. (Added Pub. L. 109–364, div. A, title XIV, § 1405(a), Oct. 17, 2006, 120 Stat. 2436.) § 130e. Treatment under Freedom of Information Act of certain critical infrastructure security information (a) EXEMPTION.—The Secretary of Defense may exempt Department of Defense critical infra- structure security information from disclosure pursuant to section 552(b)(3) of title 5, upon a written determination that— (1) the information is Department of Defense critical infrastructure security information; and (2) the public interest consideration in the disclosure of such information does not out- weigh preventing the disclosure of such infor- mation. (b) DESIGNATION OF DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE SECURITY INFORMA- TION.—In addition to any other authority or re- quirement regarding protection from dissemina- tion of information, the Secretary may des- ignate information as being Department of De- fense critical infrastructure security informa- tion, including during the course of creating such information, to ensure that such informa- tion is not disseminated without authorization. Information so designated is subject to the de- termination process under subsection (a) to de- termine whether to exempt such information from disclosure described in such subsection. (c) INFORMATION PROVIDED TO STATE AND LOCAL GOVERNMENTS.—(1) Department of De- fense critical infrastructure security informa- tion covered by a written determination under subsection (a) or designated under subsection (b) that is provided to a State or local government shall remain under the control of the Depart- ment of Defense. (2)(A) A State or local law authorizing or re- quiring a State or local government to disclose Department of Defense critical infrastructure security information that is covered by a writ- ten determination under subsection (a) shall not apply to such information. (B) If a person requests pursuant to a State or local law that a State or local government dis- close information that is designated as Depart- ment of Defense critical infrastructure security information under subsection (b), the State or local government shall provide the Secretary an opportunity to carry out the determination process under subsection (a) to determine whether to exempt such information from dis- closure pursuant to subparagraph (A). (d) TRANSPARENCY.—Each determination of the Secretary under subsection (a) shall be made in writing and accompanied by a statement of the basis for the determination. All such deter- minations and statements of basis shall be available to the public, upon request.