10 U.S.C. § 421 — Funds for foreign cryptologic support

Page 453 TITLE 10—ARMED FORCES § 421 Sec. 430b. Executive agent for open-source intelligence tools. 430c. Senior intelligence oversight official. 430d. Cyber intelligence capability. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title IX, § 921(a), title XVI, §§ 1612(a), 1614(a)(1), Dec. 23, 2024, 138 Stat. 2036, 2167, 2168, added items 429a, 430c, and 430d. Amendments were made pursuant to operation of section 102 of this title. 2015—Pub. L. 114–92, div. A, title X, §§ 1081(a)(5), 1083(a)(2), title XVI, § 1631(b), Nov. 25, 2015, 129 Stat. 1001, 1004, 1111, added items 430 to 430b. 2013—Pub. L. 113–66, div. A, title X, § 1071(b), Dec. 26, 2013, 127 Stat. 868, added item 427. 2012—Pub. L. 112–87, title IV, § 433(b), Jan. 3, 2012, 125 Stat. 1895, added item 429. 2011—Pub. L. 112–81, div. A, title X, § 1061(4)(B), Dec. 31, 2011, 125 Stat. 1583, struck out item 427 ‘‘Intelligence oversight activities of Department of Defense: annual reports’’. Pub. L. 111–383, div. A, title X, § 1075(d)(10), Jan. 7, 2011, 124 Stat. 4373, made technical correction to direc- tory language of Pub. L. 111–84, § 921(b)(2). See 2009 Amendment note below. 2009—Pub. L. 111–84, div. A, title X, § 1073(a)(5), Oct. 28, 2009, 123 Stat. 2472, redesignated item 438 as 428. Pub. L. 111–84, div. A, title IX, § 921(b)(2), Oct. 28, 2009, 123 Stat. 2432, as amended by Pub. L. 111–383, div. A, title X, § 1075(d)(10), Jan. 7, 2011, 124 Stat. 4373, added item 423 and struck out former item 423 ‘‘Authority to use proceeds from counterintelligence operations of the military departments’’. 2008—Pub. L. 110–417, [div. A], title VIII, § 845(a)(2), Oct. 14, 2008, 122 Stat. 4542, added item 438. 2006—Pub. L. 109–364, div. A, title IX, § 932(b), Oct. 17, 2006, 120 Stat. 2363, added item 427. 2003—Pub. L. 108–136, div. A, title IX, §§ 921(d)(5)(B)(ii), 923(c)(2), Nov. 24, 2003, 117 Stat. 1569, 1576, substituted ‘‘Disclosure of organizational and personnel informa- tion: exemption for specified intelligence agencies’’ for ‘‘Disclosure of organizational and personnel informa- tion: exemption for Defense Intelligence Agency, Na- tional Reconnaissance Office, and National Imagery and Mapping Agency’’ in item 424 and added item 426. 2001—Pub. L. 107–108, title V, § 501(b)(3), Dec. 28, 2001, 115 Stat. 1404, substituted ‘‘Use of funds for certain in- cidental purposes’’ for ‘‘Counterintelligence official re- ception and representation expenses’’ in item 422. 1997—Pub. L. 105–107, title V, § 503(d)(2), Nov. 20, 1997, 111 Stat. 2263, added items 424 and 425 and struck out former items 424 ‘‘Disclosure of organizational and per- sonnel information: exemption for Defense Intelligence Agency’’ and 425 ‘‘Disclosure of personnel information: exemption for National Reconnaissance Office’’. 1993—Pub. L. 103–178, title V, § 503(a)(2), Dec. 3, 1993, 107 Stat. 2039, added item 425. 1991—Pub. L. 102–88, title V, § 504(a)(1), Aug. 14, 1991, 105 Stat. 437, added subchapter heading. 1989—Pub. L. 101–189, div. A, title XVI, § 1622(c)(2), Nov. 29, 1989, 103 Stat. 1604, substituted ‘‘Funds for for- eign cryptologic support’’ for ‘‘Funds for Foreign Cryptologic Support’’ in item 421. 1988—Pub. L. 100–453, title VII, §§ 701(b), 703(b), Sept. 29, 1988, 102 Stat. 1912, 1913, in item 421 substituted ‘‘Funds for Foreign Cryptologic Support’’ for ‘‘Funds transfers for foreign cryptologic support’’ and added item 424. 1987—Pub. L. 100–180, div. A, title XII, § 1231(3), Dec. 4, 1987, 101 Stat. 1160, substituted ‘‘departments’’ for ‘‘de- partment’’ in item 423. Statutory Notes and Related Subsidiaries STRATEGY TO ADDRESS MALIGN ACTIVITIES BY THE PEOPLE’S LIBERATION ARMY Pub. L. 118–159, div. A, title XIII, § 1347, Dec. 23, 2024, 138 Stat. 2126, provided that: ‘‘(a) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] a transregional, multi-functional, and multi-domain strategy to coordinate activities among combatant commands for identifying and, if necessary and appropriate, addressing malign activities by the People’s Liberation Army of the People’s Republic of China. ‘‘(b) COMBATANT COMMAND LIAISONS.—Concurrently with the submission of the strategy required by sub- section (a), the Secretary shall designate, within each combatant command (other than the United States Indo-Pacific Command), an official liaison for coordi- nated transregional, multi-functional, and multi-do- main efforts to address malign activities by the Peo- ple’s Liberation Army.’’ § 421. Funds for foreign cryptologic support (a) The Secretary of Defense may use appro- priated funds available to the Department of De- fense for intelligence and communications pur- poses to pay for the expenses of arrangements with foreign countries for cryptologic support. (b) The Secretary of Defense may use funds other than appropriated funds to pay for the ex- penses of arrangements with foreign countries for cryptologic support without regard for the provisions of law relating to the expenditure of United States Government funds, except that— (1) no such funds may be expended, in whole or in part, by or for the benefit of the Depart- ment of Defense for a purpose for which Con- gress had previously denied funds; and (2) proceeds from the sale of cryptologic items may be used only to purchase replace- ment items similar to the items that are sold; and (3) the authority provided by this subsection may not be used to acquire items or services for the principal benefit of the United States. (c) Any funds expended under the authority of subsection (a) shall be reported to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives pursuant to the provisions of title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). Funds ex- pended under the authority of subsection (b) shall be reported pursuant to procedures jointly agreed upon by such committees and the Sec- retary of Defense. (Added Pub. L. 96–450, title IV, § 401(a), Oct. 14, 1980, 94 Stat. 1977, § 140a; amended Pub. L. 97–258, § 3(b)(2), Sept. 13, 1982, 96 Stat. 1063; renumbered § 128 and amended Pub. L. 99–433, title I, §§ 101(a)(3), 110(d)(5), Oct. 1, 1986, 100 Stat. 994, 1002; renumbered § 421, Pub. L. 100–26, § 9(a)(2), Apr. 21, 1987, 101 Stat. 287; Pub. L. 100–453, title VII, § 701(a), Sept. 29, 1988, 102 Stat. 1911; Pub. L. 101–189, div. A, title XVI, § 1622(c)(3), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 113–291, div. A, title X, § 1071(c)(3), Dec. 19, 2014, 128 Stat. 3508.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (c), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III Page 454 TITLE 10—ARMED FORCES § 422 (§ 3091 et seq.) of chapter 44 of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2014—Subsec. (c). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3091 et seq.)’’ for ‘‘(50 U.S.C. 413 et seq.)’’. 1989—Subsec. (c). Pub. L. 101–189 substituted ‘‘House of Representatives pursuant to the provisions of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.). Funds’’ for ‘‘House pursuant to the provisions of title V of the National Security Act of 1947, as amend- ed, and funds’’. 1988—Pub. L. 100–453 struck out ‘‘transfers’’ after ‘‘Funds’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense may use funds available to the De- partment of Defense for intelligence and communica- tions purposes to pay for the expenses of arrangements with foreign countries for cryptologic support.’’ 1987—Pub. L. 100–26 renumbered section 128 of this title as this section. 1986—Pub. L. 99–433 renumbered section 140a of this title as section 128 of this title and substituted ‘‘Funds’’ for ‘‘Secretary of Defense: funds’’ in section catchline. 1982—Pub. L. 97–258 struck out provision that pay- ments under this section could be made without regard to section 3651 of the Revised Statutes of the United States (31 U.S.C. 543). Statutory Notes and Related Subsidiaries COMPREHENSIVE INDEPENDENT STUDY OF NATIONAL CRYPTOGRAPHY POLICY Pub. L. 103–160, div. A, title II, § 267, Nov. 30, 1993, 107 Stat. 1611, directed Secretary of Defense, not later than 90 days after Nov. 30, 1993, to request National Research Council of National Academy of Sciences to conduct a comprehensive study to assess effect of cryptographic technologies on national security, law enforcement, commercial, and privacy interests, and effect of export controls on commercial interests, with cooperation of other agencies, and report findings and conclusions within 2 years after processing of security clearances to Secretary of Defense, and directed Secretary to submit a report in unclassified form to Committee on Armed Services, Committee on the Judiciary, and Select Com- mittee on Intelligence of Senate and to Committee on Armed Services, Committee on the Judiciary, and Per- manent Select Committee on Intelligence of House of Representatives, not later than 120 days after the re- port is submitted to the Secretary. § 422. Use of funds for certain incidental pur- poses (a) COUNTERINTELLIGENCE OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.—The Secretary of Defense may use funds available to the De- partment of Defense for counterintelligence pro- grams to pay the expenses of hosting foreign of- ficials in the United States under the auspices of the Department of Defense for consultation on counterintelligence matters. (b) PROMOTIONAL ITEMS FOR RECRUITMENT PUR- POSES.—The Secretary of Defense may use funds available for an intelligence element of the De- partment of Defense to purchase promotional items of nominal value for use in the recruit- ment of individuals for employment by that ele- ment. (Added Pub. L. 99–569, title IV, § 401(c), Oct. 27, 1986, 100 Stat. 3195, § 140a; renumbered § 422, Pub. L. 100–26, § 9(a)(3), Apr. 21, 1987, 101 Stat. 287; amended Pub. L. 107–108, title V, § 501(a)–(b)(2), Dec. 28, 2001, 115 Stat. 1404.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–108 substituted ‘‘Use of funds for certain incidental purposes’’ for ‘‘Counterintelligence official reception and representation expenses’’ in sec- tion catchline, designated existing provisions as sub- sec. (a), inserted heading, and added subsec. (b). 1987—Pub. L. 100–26 renumbered section 140a of this title as this section. § 423. Authority to use proceeds from counter- intelligence operations of the military de- partments or the Defense Intelligence Agen- cy (a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, use of proceeds from counterintel- ligence operations conducted by components of the military departments or the Defense Intel- ligence Agency to offset necessary and reason- able expenses, not otherwise prohibited by law, incurred in such operations, and to make excep- tional performance awards to personnel involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practicable. (b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treas- ury as miscellaneous receipts. (c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, management, and disposition of proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency, including ef- fective internal systems of accounting and ad- ministrative controls. (Added Pub. L. 99–569, title IV, § 403(a), Oct. 27, 1986, 100 Stat. 3196, § 140b; renumbered § 423 and amended Pub. L. 100–26, § 9(a)(3), (b)(3), Apr. 21, 1987, 101 Stat. 287; Pub. L. 111–84, div. A, title IX, § 921(a), (b)(1), Oct. 28, 2009, 123 Stat. 2432.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–84 inserted ‘‘or the Defense Intel- ligence Agency’’ after ‘‘military departments’’ wher- ever appearing. 1987—Pub. L. 100–26 renumbered section 140b of this title as this section and struck out ‘‘United States Code,’’ after ‘‘section 3302 of title 31,’’ in subsec. (a). § 424. Disclosure of organizational and personnel information: exemption for specified intel- ligence agencies (a) EXEMPTION FROM DISCLOSURE.—Except as required by the President or as provided in sub- section (c), no provision of law shall be con- strued to require the disclosure of— (1) the organization or any function of an or- ganization of the Department of Defense named in subsection (b); or (2) the number of persons employed by or as- signed or detailed to any such organization or the name, official title, occupational series, grade, or salary of any such person. (b) COVERED ORGANIZATIONS.—This section ap- plies to the following organizations of the De- partment of Defense: