Page:United States Statutes at Large Volume 97.djvu/722

 97 STAT. 690 PUBLIC LAW 98-94—SEPT. 24, 1983 10 USC 140c. Regulations. Publication in Federal Register. "Technical data with military or space appli- cation.' the Government data necessary to incorporate changes in design or technology. (8) Before ordering any spare part, the contracting officer should review the acquisition history of that part. AUTHORITY TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN TECHNICAL DATA SEC. 1217. (a) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 140c. Secretary of Defense: authority to withhold from public disclosure certain technical data "(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. App. 2401-2420) or the Arms Export Control Act (22 U.S.C. 2751 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, unre- stricted license or exemption in such regulations. " (b)(1) Within 90 days after enactment of this section, the Secre- tary of Defense shall propose regulations to implement this section. Such regulations shall be published in the Federal Register for a period of no less than 30 days for public comment before promulga- tion. 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 usc in performing United States Gov- ernment contracts. "(2) In this section, 'technical data with military or space applica- tion' 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.'. (b) The table of sections at the beginning of chapter 4 of such title is amended by adding at the end thereof the following new item: "140c. Secretary of Defense: authority to withhold from public disclosure certain technical data.". USE OF POLYGRAPHS BY THE DEPARTMENT OF DEFENSE SEC 1218. (a) The Secretary of Defense may not, before April 15, 1984, use, enforce, issue, implement, or otherwise rely on any rule, regulation, directive, policy, decision, or order that would permit the use of polygraph examinations in the case of civilian employees of the Department of Defense or members of the Armed Forces in any manner or to any extent greater than was permitted under rules, regulations, directives, policies, decisions, or orders of the Depart- ment of Defense in effect on August 5, 1982. (b) The restrictions prescribed in subsection (a) with respect to the use of polygraph examinations in the Department of Defense shall

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