10 U.S.C. § 424 — Disclosure of organizational and personnel

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: 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.)