10 U.S.C. § 425 — Prohibition of unauthorized use of name,

Page 455 TITLE 10—ARMED FORCES § 425 (1) The Defense Intelligence Agency. (2) The National Reconnaissance Office. (3) The National Geospatial-Intelligence Agency. (c) PROVISION OF INFORMATION TO CONGRESS.— Subsection (a) does not apply with respect to the provision of information to Congress. (Added Pub. L. 104–201, div. A, title XI, § 1112(d), Sept. 23, 1996, 110 Stat. 2683; amended Pub. L. 108–136, div. A, title IX, § 921(d)(5)(A), (B)(i), Nov. 24, 2003, 117 Stat. 1569.) Editorial Notes PRIOR PROVISIONS A prior section 424, added Pub. L. 100–178, title VI, § 603(a), Dec. 2, 1987, 101 Stat. 1016, § 1607; renumbered § 424 and amended Pub. L. 100–453, title VII, § 703(a), Sept. 29, 1988, 102 Stat. 1912, related to disclosure of or- ganizational and personnel information with respect to the Defense Intelligence Agency prior to repeal by Pub. L. 104–201, div. A, title XI, §§ 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996. AMENDMENTS 2003—Pub. L. 108–136, § 921(d)(5)(B)(i), 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 section catchline. Subsec. (b)(3). Pub. L. 108–136, § 921(d)(5)(A), sub- stituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘National Imagery and Mapping Agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 193 of this title. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY DE- PARTMENT OF DEFENSE INTELLIGENCE PERSONNEL OUTSIDE OF UNITED STATES Pub. L. 103–359, title V, § 503, Oct. 14, 1994, 108 Stat. 3430, provided that: ‘‘(a) IN GENERAL.—Notwithstanding section 552a(e)(3) of title 5, United States Code, intelligence personnel of the Department of Defense who are authorized by the Secretary of Defense to collect intelligence from human sources shall not be required, when making an initial assessment contact outside the United States, to give notice of governmental affiliation to potential sources who are United States persons. ‘‘(b) RECORDS.—Records concerning such contacts shall be maintained by the Department of Defense and made available upon request to the appropriate com- mittees of the Congress in accordance with applicable security procedures. Such records shall include for each such contact an explanation of why notice of govern- ment affiliation could not reasonably be provided, the nature of the information obtained from the United States person as a result of the contact, and whether additional contacts resulted with the person concerned. ‘‘(c) DEFINITIONS.—For the purposes of this section— ‘‘(1) the term ‘United States’ includes the Common- wealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or pos- session of the United States; and ‘‘(2) the term ‘United States person’ means any cit- izen, national, or permanent resident alien of the United States.’’ EXEMPTION FOR NATIONAL RECONNAISSANCE OFFICE FROM ANY REQUIREMENT FOR DISCLOSURE OF PER- SONNEL INFORMATION Pub. L. 102–496, title IV, § 406, Oct. 24, 1992, 106 Stat. 3186, which provided that, except as required by Presi- dent and except with respect to provision of informa- tion to Congress, nothing in Pub. L. 102–496 or any other provision of law was to be construed to require disclosure of name, title, or salary of any person em- ployed by, or assigned or detailed to, National Recon- naissance Office or disclosure of number of such per- sons, was repealed and restated in former section 425 of this title by Pub. L. 103–178, title V, § 503(a)(1), (b), Dec. 3, 1993, 107 Stat. 2038, 2039. § 425. Prohibition of unauthorized use of name, initials, or seal: specified intelligence agen- cies (a) PROHIBITION.—Except with the written per- mission of both the Secretary of Defense and the Director of National Intelligence, no person may knowingly use, in connection with any merchan- dise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary and the Director, any of the following (or any colorable imitation thereof): (1) The words ‘‘Defense Intelligence Agen- cy’’, the initials ‘‘DIA’’, or the seal of the De- fense Intelligence Agency. (2) The words ‘‘National Reconnaissance Of- fice’’, the initials ‘‘NRO’’, or the seal of the National Reconnaissance Office. (3) The words ‘‘National Imagery and Map- ping Agency’’, the initials ‘‘NIMA’’, or the seal of the National Imagery and Mapping Agency. (4) The words ‘‘Defense Mapping Agency’’, the initials ‘‘DMA’’, or the seal of the Defense Mapping Agency. (5) The words ‘‘National Geospatial-Intel- ligence Agency’’, the initials ‘‘NGA,’’ or the seal of the National Geospatial-Intelligence Agency. (b) AUTHORITY TO ENJOIN VIOLATIONS.—When- ever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attor- ney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and deter- mination of such action and may, at any time before final determination, enter such restrain- ing orders or prohibitions, or take such other ac- tions as is warranted, to prevent injury to the United States or to any person or class of per- sons for whose protection the action is brought. (Added and amended Pub. L. 105–107, title V, § 503(a), (b), Nov. 20, 1997, 111 Stat. 2262; Pub. L. 108–136, div. A, title IX, § 921(d)(6), Nov. 24, 2003, 117 Stat. 1569; Pub. L. 110–181, div. A, title IX, § 931(a)(6), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, § 932(a)(6), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.) Page 456 TITLE 10—ARMED FORCES § 426 Editorial Notes CODIFICATION The text of section 202(b) of this title, which was transferred to this section by Pub. L. 105–107, § 503(b), was based on Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1145, § 191; renumbered § 201, Pub. L. 99–433, title III, § 301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renum- bered § 202, Pub. L. 102–190, div. A, title IX, § 922(a)(1), Dec. 5, 1991, 105 Stat. 1453. PRIOR PROVISIONS A prior section 425, added Pub. L. 103–178, title V, § 503(a)(1), Dec. 3, 1993, 107 Stat. 2038, related to disclo- sure of information about personnel at National Recon- naissance Office prior to repeal by Pub. L. 104–201, div. A, title XI, §§ 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996. See section 424 of this title. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(6). See 2008 Amendment note below. 2008—Subsec. (a). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(6), amended subsec. (a) identically, substituting ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’ in introductory provisions. Pub. L. 110–417, § 932(a)(6), was repealed by Pub. L. 111–84. 2003—Subsec. (a)(5). Pub. L. 108–136 added par. (5). 1997—Subsec. (b). Pub. L. 105–107, § 503(b), renumbered section 202(b) of this title as subsec. (b) of this section and inserted heading. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to National Imagery and Mapping Agency considered to be reference to National Geospatial-Intel- ligence Agency, see section 921(a) of Pub. L. 108–136, set out as a note under section 441 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. § 426. Integration of Department of Defense intel- ligence, surveillance, and reconnaissance ca- pabilities (a) ISR INTEGRATION COUNCIL.—(1) The Under Secretary of Defense for Intelligence and Secu- rity shall establish an Intelligence, Surveil- lance, and Reconnaissance Integration Council— (A) to assist the Secretary of Defense in car- rying out the responsibilities of the Secretary under section 105(a) of the National Security Act of 1947 (50 U.S.C. 3038(a)); (B) to assist the Under Secretary with re- spect to matters relating to— (i) integration of intelligence and counter- intelligence capabilities and activities under section 137(b) of this title of the military de- partments, intelligence agencies of the De- partment of Defense, and relevant combat- ant commands; and (ii) coordination of related developmental activities of such departments, agencies, and combatant commands; and (C) to otherwise provide a means to facili- tate such integration and coordination. (2) The Council shall be composed of— (A) the Under Secretary, who shall chair the Council; (B) the directors of the intelligence agencies of the Department of Defense; (C) the senior intelligence officers of the armed forces and the regional and functional combatant commands; (D) the Director for Intelligence of the Joint Chiefs of Staff; and (E) the Director for Operations of the Joint Chiefs of Staff. (3) The Under Secretary shall invite the par- ticipation of the Director of National Intel- ligence (or a representative of the Director) in the proceedings of the Council. (4) The Under Secretary may designate addi- tional participants to attend the proceedings of the Council, as the Under Secretary determines appropriate. (b) ANNUAL BRIEFINGS ON THE INTELLIGENCE AND COUNTERINTELLIGENCE REQUIREMENTS OF THE COMBATANT COMMANDS.—(1) The Chairman of the Joint Chiefs of Staff shall provide to the con- gressional defense committees and the congres- sional intelligence committees a briefing on the following: (A) The intelligence and counterintelligence requirements, by specific intelligence capa- bility type, of each of the relevant combatant commands. (B) For the year preceding the year in which the briefing is provided, the fulfillment rate for each of the relevant combatant commands of the validated intelligence and counterintel- ligence requirements, by specific intelligence capability type, of such combatant command. (C) A risk analysis identifying the critical gaps and shortfalls in efforts to address oper- ational and strategic requirements of the De- partment of Defense that would result from the failure to fulfill the validated intelligence and counterintelligence requirements of the relevant combatant commands. (D) A mitigation plan to balance and offset the gaps and shortfalls identified under sub- paragraph (C), including with respect to space- borne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities. (E) For the year preceding the year in which the briefing is provided— (i) the number of intelligence and counter- intelligence requests of each commander of a relevant combatant command determined by the Joint Chiefs of Staff to be a validated re- quirement, and the total of capacity of such requests provided to each such commander; (ii) with respect to such validated require- ments— (I) the quantity of intelligence and coun- terintelligence capabilities or activities, by specific intelligence capability type, that the Joint Chiefs of Staff requested each military department to provide; and (II) the total of capacity of such requests so provided by each such military depart- ment; and (iii) a qualitative assessment of the align- ment of intelligence and counterintelligence capabilities and activities with the program of analysis for each combat support agency and intelligence center of a military service that is part of—