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10 U.S.C. § 130bPersonnel in overseas, sensitive, or routinely deployable units: nondisclosure of personally identifying information

submitted 27 years ago by Pub. L. 106-65 to r/title-10-ARMED-FORCES · 385 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense can withhold personal information about troops in overseas, sensitive, or routinely deployable units. This covers a person's name, rank, duty address, title, and pay information. The President can set exceptions, but Congress must still get the information.

(a) Exemption From Disclosure. The Secretary of Defense — and, for the Coast Guard when it isn't operating as part of the Navy, the Secretary of Homeland Security — can withhold from public disclosure, despite the usual Freedom of Information Act rule in section 552 of title 5, personally identifying information about (1) any armed forces member assigned to an overseas unit, a sensitive unit, or a routinely deployable unit; and (2) any Defense Department or Coast Guard employee whose duty station is with one of those units. (b) Exceptions. (1) This authority is subject to whatever exceptions the President directs. (2) It never lets an official withhold information from Congress. (c) Definitions. (1) "Personally identifying information" means a person's name, rank, duty address, official title, and information about their pay. (2) "Unit" means a military organization the armed forces designate as a unit. (3) "Overseas unit" means a unit located outside the United States and its territories. (4) "Sensitive unit" means a unit mainly involved in training for, or carrying out, special activities or classified missions — including (A) units that collect, handle, dispose of, or store classified information and materials; (B) units that train special operations forces, security group weapons stations, or communications stations; and (C) any other unit the Secretary of Defense (or, for the Coast Guard, the Secretary of Homeland Security) designates as sensitive. (5) "Routinely deployable unit" means a unit that normally deploys from its home base on a regular or rotating schedule to meet peacetime needs or scheduled training that routinely takes it outside the United States and its territories — this also includes a unit put on alert for deployment abroad during an actual contingency or crisis operation.
the actual law source: uscode.house.gov ↗public domain
(a)Exemption From Disclosure.—

The Secretary 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, authorize to be withheld from disclosure to the public personally identifying information regarding—

(1)

any member of the armed forces assigned to an overseas unit, a sensitive unit, or a routinely deployable unit; and

(2)

any employee of the Department of Defense or of the Coast Guard whose duty station is with any such unit.

(b)Exceptions.—
(1)

The authority in subsection (a) is subject to such exceptions as the President may direct.

(2)

Subsection (a) does not authorize any official to withhold, or to authorize the withholding of, information from Congress.

(c)Definitions.—

In this section:

(1)

The term “personally identifying information”, with respect to any person, means the person’s name, rank, duty address, and official title and information regarding the person’s pay.

(2)

The term “unit” means a military organization 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 information 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 rotating basis to meet peacetime operational requirements that, or to participate in scheduled 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 execution of a contingency plan or in support of a crisis operation.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-65 · 113 Stat. 761
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.

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