1. U.S. Code
  2. title 10
  3. subtitle A
  4. part I
  5. chapter 21
  6. subchapter I
  7. § 424

Collapse to view only § 424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies

§ 421. Funds for foreign cryptologic support
(a) The Secretary of Defense may use appropriated funds available to the Department of Defense for intelligence and communications purposes 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 expenses 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 Department of Defense for a purpose for which Congress had previously denied funds; and
(2) proceeds from the sale of cryptologic items may be used only to purchase replacement 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 expended under the authority of subsection (b) shall be reported pursuant to procedures jointly agreed upon by such committees and the Secretary 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.)

CITE AS: 10 USC 421

§ 422. Use of funds for certain incidental purposes
(a)Counterintelligence Official Reception and Representation Expenses.—The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Department of Defense for consultation on counterintelligence matters.
(b)Promotional Items for Recruitment Purposes.—The Secretary of Defense may use funds available for an intelligence element of the Department of Defense to purchase promotional items of nominal value for use in the recruitment of individuals for employment by that element.
(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.)

CITE AS: 10 USC 422

§ 423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency
(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, use of proceeds from counterintelligence operations conducted by components of the military departments or the Defense Intelligence Agency to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, and to make exceptional 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 Treasury 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 effective internal systems of accounting and administrative 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.)

CITE AS: 10 USC 423

§ 424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies
(a)Exemption From Disclosure.—Except as required by the President or as provided in subsection (c), no provision of law shall be construed to require the disclosure of—
(1) the organization or any function of an organization of the Department of Defense named in subsection (b); or
(2) the number of persons employed by or assigned 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 applies to the following organizations of the Department of Defense:
(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.)

CITE AS: 10 USC 424

§ 425. Prohibition of unauthorized use of name, initials, or seal: specified intelligence agencies
(a)Prohibition.—Except with the written permission of both the Secretary of Defense and the Director of National Intelligence, no person may knowingly use, in connection with any merchandise, 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 Agency”, the initials “DIA”, or the seal of the Defense Intelligence Agency.
(2) The words “National Reconnaissance Office”, the initials “NRO”, or the seal of the National Reconnaissance Office.
(3) The words “National Imagery and Mapping 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-Intelligence Agency”, the initials “NGA,” or the seal of the National Geospatial-Intelligence Agency.
(b)Authority To Enjoin Violations.—Whenever 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 Attorney 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 determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons 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.)

CITE AS: 10 USC 425

§ 426. Integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities
(a)ISR Integration Council.—
(1) The Under Secretary of Defense for Intelligence and Security shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council—
(A) to assist the Secretary of Defense in carrying 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 respect to matters relating to—
(i) integration of intelligence and counterintelligence capabilities and activities under section 137(b) of this title of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands; and
(ii) coordination of related developmental activities of such departments, agencies, and combatant commands; and
(C) to otherwise provide a means to facilitate 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 participation of the Director of National Intelligence (or a representative of the Director) in the proceedings of the Council.
(4) The Under Secretary may designate additional 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 congressional defense committees and the congressional intelligence committees a briefing on the following:
(A) The intelligence and counterintelligence requirements, by specific intelligence capability 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 counterintelligence requirements, by specific intelligence capability type, of such combatant command.
(C) A risk analysis identifying the critical gaps and shortfalls in efforts to address operational and strategic requirements of the Department 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 subparagraph (C), including with respect to spaceborne, 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 counterintelligence requests of each commander of a relevant combatant command determined by the Joint Chiefs of Staff to be a validated requirement, and the total of capacity of such requests provided to each such commander;
(ii) with respect to such validated requirements—(I) the quantity of intelligence and counterintelligence 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 department; and
(iii) a qualitative assessment of the alignment 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—(I) the Defense Intelligence Enterprise; and(II) the intelligence community.
(2) The Under Secretary of Defense for Intelligence and Security shall provide to the congressional defense committees and the congressional intelligence committees a briefing on short-, mid-, and long-term strategies to address the validated intelligence and counterintelligence requirements of the relevant combatant commands, including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
(3) The briefings required by paragraphs (1) and (2) shall be provided at the same time that the President’s budget is submitted pursuant to section 1105(a) of title 31 for each of fiscal years 2021 through 2025.
(4) In this subsection:
(A) The term “congressional intelligence committees” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(B) The term “Defense Intelligence Enterprise” means the organizations, infrastructure, and measures, including policies, processes, procedures, and products, of the intelligence, counterintelligence, and security components of each of the following:
(i) The Department of Defense.
(ii) The Joint Staff.
(iii) The combatant commands.
(iv) The military departments.
(v) Other elements of the Department of Defense that perform national intelligence, defense intelligence, intelligence-related, counterintelligence, or security functions.
(C) The term “fulfillment rate” means the percentage of combatant command intelligence and counterintelligence requirements satisfied by available, acquired, or realigned intelligence and counterintelligence capabilities or activities.
(D) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(Added Pub. L. 108–136, div. A, title IX, § 923(c)(1), Nov. 24, 2003, 117 Stat. 1575; amended Pub. L. 109–364, div. A, title X, § 1071(a)(3), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, § 931(a)(7), (8), Jan. 28, 2008, 122 Stat. 285; Pub. L. 111–383, div. A, title IX, § 922(b), Jan. 7, 2011, 124 Stat. 4331; Pub. L. 115–232, div. A, title XVI, § 1625(b), Aug. 13, 2018, 132 Stat. 2121; Pub. L. 116–92, div. A, title XVI, §§ 1621(e)(1)(A)(vii), 1622, Dec. 20, 2019, 133 Stat. 1733.)

CITE AS: 10 USC 426

§ 427. Conflict Records Research Center
(a)Center Authorized.—The Secretary of Defense may establish a center to be known as the “Conflict Records Research Center” (in this section referred to as the “Center”).
(b)Purposes.—The purposes of the Center shall be the following:
(1) To establish a digital research database, including translations, and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States, with rigid adherence to academic freedom and integrity.
(2) Consistent with the protection of national security information, personally identifiable information, and intelligence sources and methods, to make a significant portion of these records available to researchers as quickly and responsibly as possible while taking into account the integrity of the academic process and risks to innocents or third parties.
(3) To conduct and disseminate research and analysis to increase the understanding of factors related to international relations, counterterrorism, and conventional and unconventional warfare and, ultimately, enhance national security.
(4) To collaborate with members of academic and broad national security communities, both domestic and international, on research, conferences, seminars, and other information exchanges to identify topics of importance for the leadership of the United States Government and the scholarly community.
(c)Concurrence of the Director of National Intelligence.—The Secretary of Defense shall seek the concurrence of the Director of National Intelligence to the extent the efforts and activities of the Center involve the entities referred to in subsection (b)(4).
(d)Support From Other United States Government Departments or Agencies.—The head of any non-Department of Defense department or agency of the United States Government may—
(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
(2) transfer funds to the Secretary of Defense to support the operations of the Center.
(e)Acceptance of Gifts and Donations.—
(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
(2) The sources specified in this paragraph are the following:
(A) The government of a State or a political subdivision of a State.
(B) The government of a foreign country.
(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
(D) Any source in the private sector of the United States or a foreign country.
(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
(B) the integrity of any program of the Department or of any person involved in such a program.
(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
(f)Crediting of Funds Transferred or Accepted.—Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
(g)Definitions.—In this section:
(1) The term “captured record” means a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States.
(2) The term “gift or donation” means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).
(Added Pub. L. 113–66, div. A, title X, § 1071(a), Dec. 26, 2013, 127 Stat. 867.)

CITE AS: 10 USC 427

§ 428. Defense industrial security
(a)Responsibility for Defense Industrial Security.—The Secretary of Defense shall be responsible for the protection of classified information disclosed to contractors of the Department of Defense.
(b)Consistency With Executive Orders and Directives.—The Secretary shall carry out the responsibility assigned under subsection (a) in a manner consistent with Executive Order 12829 (or any successor order to such executive order) and consistent with policies relating to the National Industrial Security Program (or any successor to such program).
(c)Performance of Industrial Security Functions for Other Agencies.—The Secretary may perform industrial security functions for other agencies of the Federal government upon request or upon designation of the Department of Defense as executive agent for the National Industrial Security Program (or any successor to such program).
(d)Regulations and Policy Guidance.—The Secretary shall prescribe, and from time to time revise, such regulations and policy guidance as are necessary to ensure the protection of classified information disclosed to contractors of the Department of Defense.
(e)Dedication of Resources.—The Secretary shall ensure that sufficient resources are provided to staff, train, and support such personnel as are necessary to fully protect classified information disclosed to contractors of the Department of Defense.
(Added Pub. L. 110–417, [div. A], title VIII, § 845(a)(1), Oct. 14, 2008, 122 Stat. 4541, § 438; renumbered § 428, Pub. L. 111–84, div. A, title X, § 1073(a)(4), Oct. 28, 2009, 123 Stat. 2472; Pub. L. 111–383, div. A, title X, § 1075(b)(11), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 115–91, div. A, title X, § 1051(a)(3), Dec. 12, 2017, 131 Stat. 1560.)

CITE AS: 10 USC 428

§ 429. Appropriations for Defense intelligence elements: accounts for transfers; transfer authority
(a)Accounts for Appropriations for Defense Intelligence Elements.—The Secretary of Defense may transfer appropriations of the Department of Defense which are available for the activities of Defense intelligence elements to an account or accounts established for receipt of such transfers. Each such account may also receive transfers from the Director of National Intelligence if made pursuant to section 102A of the National Security Act of 1947 (50 U.S.C. 3024) and transfers and reimbursements arising from transactions, as authorized by law, between a Defense intelligence element and another entity. Appropriation balances in each such account may be transferred back to the account or accounts from which such appropriations originated as appropriation refunds.
(b)Recordation of Transfers.—Transfers made pursuant to subsection (a) shall be recorded as expenditure transfers.
(c)Availability of Funds.—Funds transferred pursuant to subsection (a) shall remain available for the same time period and for the same purpose as the appropriation from which transferred, and shall remain subject to the same limitations provided in the law making the appropriation.
(d)Obligation and Expenditure of Funds.—Unless otherwise specifically authorized by law, funds transferred pursuant to subsection (a) shall only be obligated and expended in accordance with chapter 15 of title 31 and all other applicable provisions of law.
(e)Defense Intelligence Element Defined.—In this section, the term “Defense intelligence element” means any of the Department of Defense agencies, offices, and elements included within the definition of “intelligence community” under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(Added Pub. L. 112–87, title IV, § 433(a), Jan. 3, 2012, 125 Stat. 1894; amended Pub. L. 113–291, div. A, title X, § 1071(c)(5), (f)(6), Dec. 19, 2014, 128 Stat. 3508, 3510.)

CITE AS: 10 USC 429

§ 430. Tactical Exploitation of National Capabilities Executive Agent
(a)Designation.—The Under Secretary of Defense for Intelligence and Security shall designate a civilian employee of the Department or a member of the armed forces to serve as the Tactical Exploitation of National Capabilities Executive Agent.
(b)Duties.—The Executive Agent designated under subsection (a) shall—
(1) report directly to the Under Secretary of Defense for Intelligence and Security;
(2) work with the combatant commands, military departments, and the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) to—
(A) develop methods to increase warfighter effectiveness through the exploitation of national capabilities; and
(B) promote cross-domain integration of such capabilities into military operations, training, intelligence, surveillance, and reconnaissance activities.
(Added Pub. L. 113–291, div. A, title XVI, § 1621(a), Dec. 19, 2014, 128 Stat. 3631; amended Pub. L. 116–92, div. A, title XVI, § 1621(e)(1)(A)(viii), Dec. 20, 2019, 133 Stat. 1733; Pub. L. 116–283, div. A, title X, § 1081(a)(17), Jan. 1, 2021, 134 Stat. 3871.)

CITE AS: 10 USC 430

§ 430a. Executive agent for management and oversight of alternative compensatory control measures
(a)Executive Agent.—The Secretary of Defense shall designate a senior official from among the personnel of the Department of Defense to act as the Department of Defense executive agent for the management and oversight of alternative compensatory control measures.
(b)Roles, Responsibilities, and Authorities.—The Secretary shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a). Such roles, responsibilities, and authorities shall include the development of an annual management and oversight plan for Department-wide accountability and reporting to the congressional defense committees.
(Added Pub. L. 114–92, div. A, title X, § 1083(a)(1), Nov. 25, 2015, 129 Stat. 1003.)

CITE AS: 10 USC 430a

§ 430b. Executive agent for open-source intelligence tools
(a)Designation.—Not later than April 1, 2016, the Secretary of Defense shall designate a senior official of the Department of Defense to serve as the executive agent for the Department for open-source intelligence tools.
(b)Roles, Responsibilities, and Authorities.—
(1) Not later than July 1, 2016, in accordance with Directive 5101.1, the Secretary shall prescribe the roles, responsibilities, and authorities of the executive agent designated under subsection (a).
(2) The roles and responsibilities of the executive agent designated under subsection (a) shall include the following:
(A) Developing and maintaining a comprehensive list of open-source intelligence tools and technical standards.
(B) Establishing priorities for the development, acquisition, and integration of open-source intelligence tools into the intelligence enterprise, and other command and control systems as needed.
(C) Certifying all open-source intelligence tools with respect to compliance with the standards required by the framework and guidance for the Intelligence Community Information Technology Enterprise, the Defense Intelligence Information Enterprise, and the Joint Information Environment.
(D) Assessing and making recommendations regarding the protection of privacy in the acquisition, analysis, and dissemination of open-source information available around the world.
(E) Performing such other assessments or analyses as the Secretary considers appropriate.
(c)Support Within Department of Defense.—In accordance with Directive 5101.1, the Secretary shall ensure that the military departments, the Defense Agencies, and other elements of the Department of Defense provide the executive agent designated under subsection (a) with the appropriate support and resources needed to perform the roles, responsibilities, and authorities of the executive agent.
(d)Definitions.—In this section:
(1) The term “Directive 5101.1” means Department of Defense Directive 5101.1, or any successor directive relating to the responsibilities of an executive agent of the Department of Defense.
(2) The term “executive agent” has the meaning given the term “DoD Executive Agent” in Directive 5101.1.
(3) The term “open-source intelligence tools” means tools for the systematic collection, processing, and analysis of publicly available information for known or anticipated intelligence requirements.
(Added Pub. L. 114–92, div. A, title XVI, § 1631(a), Nov. 25, 2015, 129 Stat. 1110.)

CITE AS: 10 USC 430b