U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART I— ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 3— GENERAL POWERS AND FUNCTIONS

10 U.S.C. § 130b

Personnel in overseas, sensitive, or routinely deployable units: nondisclosure of personally identifying information

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(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.(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 NotesAmendments

2002—Subsecs. (a), (c)(4)(C). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2006–2026 · leading case: Hall v. Cent. Intelligence Agency, 881 F. Supp. 2d 38 (D.D.C. 2012).
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Hall v. Cent. Intelligence Agency, 881 F. Supp. 2d 38 (D.D.C. 2012). · cites it 5× “Plaintiffs also argue that the Department of Defense inappropriately invoked exemption 3 in relation to 10 U.S.C. § 130b, because the statute is “clearly discretionary” and therefore not an exemption 3 statute.”
Rosenberg v. U.S. Dep't of Def., 342 F. Supp. 3d 62 (D.C. Cir. 2018). · cites it 2× “According to the *90 agency's declaration, the information redacted from Record 272 is "withheld under the specific authority of 10 U.S.C. § 130b," see McCubbin Decl. ¶ 39, which authorizes the withholding from disclosure to the public "personally identifying information…”
O'Keefe v. United States Dep't of Def., 463 F. Supp. 2d 317 (E.D.N.Y 2006). · cites it 5× “As the applicable statute, the DOD cites 10 U.S.C. § 130b(a), which provides that the Secretary of Defense may, notwithstanding [FOIA], authorize to be withheld from disclosure to the public personally identifying information, regarding — (1) any member of the armed forces…”
In Re Guantanamo Bay Detainee Litig., 787 F. Supp. 2d 5 (D.D.C. 2011). · cites it 3× “The government’s rationales for seeking to seal this information are that (1)10 U.S.C § 130b exempts from public disclosure personally-identifying information about any employee whose duty station is with a unit involved in collecting, handling, disposing or storing classified…”
Bloche v. Dep't of Def., 370 F. Supp. 3d 40 (D.C. Cir. 2019). “2012) (concluding that 10 U.S.C. § 130b permits agencies to withhold under FOIA Exemption 3 information concerning "any member of the armed forces assigned to .”
Jud. Watch, Inc. v. U.S. Dep't of Def., 963 F. Supp. 2d 6 (D.D.C. 2013). “§ 552 (b)(3); see 10 U.S.C. § 130b(a) (authorizing the Secretary of Defense to withhold “personally identifying information regarding (1) any member of the armed forces assigned to .”
Connell v. United States S. Command (D.D.C. 2020). · cites it 7× “5 This, then, leaves two disputed groups of withholdings: (1) those made pursuant to FOIA Exemption (b)(3) and 10 U.S.C. § 130b and (2) those made pursuant to FOIA Exemption (b)(6).”
Connecticut Vets. Legal Ctr. & Stronghold Freedom Found. v. Dep't of Def. (D. Conn. 2026). · cites it 7× “” 10 U.S.C. § 130b(a). “Personally identifying information” includes a person’s “name, rank, duty address, and official title and information regarding the person’s pay.”
Wp Co. LLC v. Special Inspector Gen. for Afghanistan Reconstruction (D.D.C. 2020). · cites it 3× “3 § 7(b) (“IG Act”), 2) 10 U.S.C. § 130b, and 3) section 102A(i)(1) of the National Security Act of 1947, as amended, 50 U.”
Wp Co. LLC v. Special Inspector Gen. for Afghanistan Reconstruction (D.D.C. 2021). · cites it 3× “3 § 7(b), pursuant to 10 U.S.C. § 130b as to SIGAR or as to the United States Special Operations Command (“USSOCOM”), or under Exemption 7(D), given its findings with respect to Exemption 7(C).”
Rosenberg v. United States Dep't of Def. (D.D.C. 2018). · cites it 2× “According to the agency’s declaration, the information redacted from Record 272 is “withheld under the specific authority of 10 U.S.C. § 130b,” see McCubbin Decl. ¶ 39, which authorizes the withholding from disclosure to the public “personally identifying information regarding .”
The New York Times Co. v. Dep't of Def. (S.D.N.Y. 2021). “Here, the Government invokes 10 U.S.C. § 130b as the applicable qualifying statute.”
Show all 14 citing cases →
— 10 U.S.C. § 130b(a) — 5 cases
O'Keefe v. United States Dep't of Def., 463 F. Supp. 2d 317 (E.D.N.Y 2006). “As the applicable statute, the DOD cites 10 U.S.C. § 130b(a), which provides that the Secretary of Defense may, notwithstanding [FOIA], authorize to be withheld from disclosure to the public personally identifying information, regarding — (1) any member of the armed forces…”
In Re Guantanamo Bay Detainee Litig., 787 F. Supp. 2d 5 (D.D.C. 2011). “The government’s rationales for seeking to seal this information are that (1)10 U.S.C § 130b exempts from public disclosure personally-identifying information about any employee whose duty station is with a unit involved in collecting, handling, disposing or storing classified…”
Jud. Watch, Inc. v. U.S. Dep't of Def., 963 F. Supp. 2d 6 (D.D.C. 2013). “§ 552 (b)(3); see 10 U.S.C. § 130b(a) (authorizing the Secretary of Defense to withhold “personally identifying information regarding (1) any member of the armed forces assigned to .”
Connecticut Vets. Legal Ctr. & Stronghold Freedom Found. v. Dep't of Def. (D. Conn. 2026). “” 10 U.S.C. § 130b(a). “Personally identifying information” includes a person’s “name, rank, duty address, and official title and information regarding the person’s pay.”
Connell v. United States S. Command (D.D.C. 2020). “5 This, then, leaves two disputed groups of withholdings: (1) those made pursuant to FOIA Exemption (b)(3) and 10 U.S.C. § 130b and (2) those made pursuant to FOIA Exemption (b)(6).”
— 10 U.S.C. § 130b(a)(1) — 3 cases
Rosenberg v. U.S. Dep't of Def., 342 F. Supp. 3d 62 (D.C. Cir. 2018). “According to the *90 agency's declaration, the information redacted from Record 272 is "withheld under the specific authority of 10 U.S.C. § 130b," see McCubbin Decl. ¶ 39, which authorizes the withholding from disclosure to the public "personally identifying information…”
Rosenberg v. United States Dep't of Def. (D.D.C. 2018). “According to the agency’s declaration, the information redacted from Record 272 is “withheld under the specific authority of 10 U.S.C. § 130b,” see McCubbin Decl. ¶ 39, which authorizes the withholding from disclosure to the public “personally identifying information regarding .”
Connell v. United States S. Command (D.D.C. 2020). “5 This, then, leaves two disputed groups of withholdings: (1) those made pursuant to FOIA Exemption (b)(3) and 10 U.S.C. § 130b and (2) those made pursuant to FOIA Exemption (b)(6).”
— 10 U.S.C. § 130b(c)(1) — 2 cases
Connell v. United States S. Command (D.D.C. 2020). “5 This, then, leaves two disputed groups of withholdings: (1) those made pursuant to FOIA Exemption (b)(3) and 10 U.S.C. § 130b and (2) those made pursuant to FOIA Exemption (b)(6).”
Connecticut Vets. Legal Ctr. & Stronghold Freedom Found. v. Dep't of Def. (D. Conn. 2026). “” 10 U.S.C. § 130b(a). “Personally identifying information” includes a person’s “name, rank, duty address, and official title and information regarding the person’s pay.”
— 10 U.S.C. § 130b(c)(3) — 1 case
Connecticut Vets. Legal Ctr. & Stronghold Freedom Found. v. Dep't of Def. (D. Conn. 2026). “” 10 U.S.C. § 130b(a). “Personally identifying information” includes a person’s “name, rank, duty address, and official title and information regarding the person’s pay.”
— 10 U.S.C. § 130b(c)(4) — 1 case
Connecticut Vets. Legal Ctr. & Stronghold Freedom Found. v. Dep't of Def. (D. Conn. 2026). “” 10 U.S.C. § 130b(a). “Personally identifying information” includes a person’s “name, rank, duty address, and official title and information regarding the person’s pay.”
— 10 U.S.C. § 130b(c)(5) — 1 case
Connecticut Vets. Legal Ctr. & Stronghold Freedom Found. v. Dep't of Def. (D. Conn. 2026). “” 10 U.S.C. § 130b(a). “Personally identifying information” includes a person’s “name, rank, duty address, and official title and information regarding the person’s pay.”
— 10 U.S.C. § 130b(e)(5) — 1 case
O'Keefe v. United States Dep't of Def., 463 F. Supp. 2d 317 (E.D.N.Y 2006). “As the applicable statute, the DOD cites 10 U.S.C. § 130b(a), which provides that the Secretary of Defense may, notwithstanding [FOIA], authorize to be withheld from disclosure to the public personally identifying information, regarding — (1) any member of the armed forces…”
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