-CITE-

10 USC CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE

MATTERS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

.

-HEAD-

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

-MISC1-

Subchapter Sec.

I. General Matters 421

II. Intelligence Commercial Activities 431

AMENDMENTS

1991 - Pub. L. 102-88, title V, Sec. 504(a)(1), Aug. 14, 1991,

105 Stat. 437, added items for subchapters I and II.

-CITE-

10 USC SUBCHAPTER I - GENERAL MATTERS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I - GENERAL MATTERS

.

-HEAD-

SUBCHAPTER I - GENERAL MATTERS

-MISC1-

Sec.

421. Funds for foreign cryptologic support.

422. Use of funds for certain incidental purposes.

423. Authority to use proceeds from counterintelligence operations

of the military departments.

424. Disclosure of organizational and personnel information:

exemption for Defense Intelligence Agency, National

Reconnaissance Office, and National Imagery and Mapping Agency.

425. Prohibition of unauthorized use of name, initials, or seal:

specified intelligence agencies.

AMENDMENTS

2001 - Pub. L. 107-108, title V, Sec. 501(b)(3), Dec. 28, 2001,

115 Stat. 1404, substituted ''Use of funds for certain incidental

purposes'' for ''Counterintelligence official reception and

representation expenses'' in item 422.

1997 - Pub. L. 105-107, title V, Sec. 503(d)(2), Nov. 20, 1997,

111 Stat. 2263, added items 424 and 425 and struck out former items

424 ''Disclosure of organizational and personnel information:

exemption for Defense Intelligence Agency'' and 425 ''Disclosure of

personnel information: exemption for National Reconnaissance

Office''.

1993 - Pub. L. 103-178, title V, Sec. 503(a)(2), Dec. 3, 1993,

107 Stat. 2039, added item 425.

1991 - Pub. L. 102-88, title V, Sec. 504(a)(1), Aug. 14, 1991,

105 Stat. 437, added subchapter heading.

1989 - Pub. L. 101-189, div. A, title XVI, Sec. 1622(c)(2), Nov.

29, 1989, 103 Stat. 1604, substituted ''Funds for foreign

cryptologic support'' for ''Funds for Foreign Cryptologic Support''

in item 421.

1988 - Pub. L. 100-453, title VII, Sec. 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, Sec. 1231(3), Dec. 4,

1987, 101 Stat. 1160, substituted ''departments'' for

''department'' in item 423.

-CITE-

10 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I - GENERAL MATTERS

-HEAD-

Sec. 421. Funds for foreign cryptologic support

-STATUTE-

(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. 413 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.

-SOURCE-

(Added Pub. L. 96-450, title IV, Sec. 401(a), Oct. 14, 1980, 94

Stat. 1977, Sec. 140a; amended Pub. L. 97-258, Sec. 3(b)(2), Sept.

13, 1982, 96 Stat. 1063; renumbered Sec. 128 and amended Pub. L.

99-433, title I, Sec. 101(a)(3), 110(d)(5), Oct. 1, 1986, 100 Stat.

994, 1002; renumbered Sec. 421, Pub. L. 100-26, Sec. 9(a)(2), Apr.

21, 1987, 101 Stat. 287; Pub. L. 100-453, title VII, Sec. 701(a),

Sept. 29, 1988, 102 Stat. 1911; Pub. L. 101-189, div. A, title

XVI, Sec. 1622(c)(3), Nov. 29, 1989, 103 Stat. 1604.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in subsec. (c), is

act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of

the Act is classified generally to subchapter III (Sec. 413 et

seq.) of chapter 15 of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 401 of Title 50 and Tables.

-MISC2-

AMENDMENTS

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 amended, and funds''.

1988 - Pub. L. 100-453 struck out ''transfers'' after ''Funds''

in section catchline and amended text generally. Prior to

amendment, text read as follows: ''The Secretary of Defense may use

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.''

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 payments under

this section could be made without regard to section 3651 of the

Revised Statutes of the United States (31 U.S.C. 543).

COMPREHENSIVE INDEPENDENT STUDY OF NATIONAL CRYPTOGRAPHY POLICY

Pub. L. 103-160, div. A, title II, Sec. 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

Committee on Intelligence of Senate and to Committee on Armed

Services, Committee on the Judiciary, and Permanent Select

Committee on Intelligence of House of Representatives, not later

than 120 days after the report is submitted to the Secretary.

-CITE-

10 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I - GENERAL MATTERS

-HEAD-

Sec. 422. Use of funds for certain incidental purposes

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 99-569, title IV, Sec. 401(c), Oct. 27, 1986, 100

Stat. 3195, Sec. 140a; renumbered Sec. 422, Pub. L. 100-26, Sec.

9(a)(3), Apr. 21, 1987, 101 Stat. 287; amended Pub. L. 107-108,

title V, Sec. 501(a)-(b)(2), Dec. 28, 2001, 115 Stat. 1404.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-108 substituted ''Use of funds for certain

incidental purposes'' for ''Counterintelligence official reception

and representation expenses'' in section catchline, designated

existing provisions as subsec. (a), inserted heading, and added

subsec. (b).

1987 - Pub. L. 100-26 renumbered section 140a of this title as

this section.

-CITE-

10 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I - GENERAL MATTERS

-HEAD-

Sec. 423. Authority to use proceeds from counterintelligence

operations of the military departments

-STATUTE-

(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 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, including effective

internal systems of accounting and administrative controls.

-SOURCE-

(Added Pub. L. 99-569, title IV, Sec. 403(a), Oct. 27, 1986, 100

Stat. 3196, Sec. 140b; renumbered Sec. 423 and amended Pub. L.

100-26, Sec. 9(a)(3), (b)(3), Apr. 21, 1987, 101 Stat. 287.)

-MISC1-

AMENDMENTS

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).

-CITE-

10 USC Sec. 424 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I - GENERAL MATTERS

-HEAD-

Sec. 424. Disclosure of organizational and personnel information:

exemption for Defense Intelligence Agency, National

Reconnaissance Office, and National Imagery and Mapping Agency

-STATUTE-

(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 Imagery and Mapping Agency.

(c) Provision of Information to Congress. - Subsection (a) does

not apply with respect to the provision of information to Congress.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(d), Sept. 23,

1996, 110 Stat. 2683.)

-MISC1-

PRIOR PROVISIONS

A prior section 424, added Pub. L. 100-178, title VI, Sec.

603(a), Dec. 2, 1987, 101 Stat. 1016, Sec. 1607; renumbered Sec.

424 and amended Pub. L. 100-453, title VII, Sec. 703(a), Sept. 29,

1988, 102 Stat. 1912, related to disclosure of organizational and

personnel information with respect to the Defense Intelligence

Agency prior to repeal by Pub. L. 104-201, div. A, title XI, Sec.

1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct.

1, 1996.

EFFECTIVE DATE

Section effective Oct. 1, 1996, see section 1124 of Pub. L.

104-201, set out as an Effective Date of 1996 Amendment note under

section 193 of this title.

DISCLOSURE OF GOVERNMENTAL AFFILIATION BY DEPARTMENT OF DEFENSE

INTELLIGENCE PERSONNEL OUTSIDE OF UNITED STATES

Pub. L. 103-359, title V, Sec. 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 committees of the Congress in accordance

with applicable security procedures. Such records shall include

for each such contact an explanation of why notice of government

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 Commonwealth of

Puerto Rico, the Commonwealth of the Northern Mariana Islands,

and any territory or possession of the United States; and

''(2) the term 'United States person' means any citizen,

national, or permanent resident alien of the United States.''

EXEMPTION FOR NATIONAL RECONNAISSANCE OFFICE FROM ANY REQUIREMENT

FOR DISCLOSURE OF PERSONNEL INFORMATION

Pub. L. 102-496, title IV, Sec. 406, Oct. 24, 1992, 106 Stat.

3186, which provided that, except as required by President and

except with respect to provision of information 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 employed by, or assigned or detailed to, National

Reconnaissance Office or disclosure of number of such persons, was

repealed and restated in former section 425 of this title by Pub.

L. 103-178, title V, Sec. 503(a)(1), (b), Dec. 3, 1993, 107 Stat.

2038, 2039.

-CITE-

10 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER I - GENERAL MATTERS

-HEAD-

Sec. 425. Prohibition of unauthorized use of name, initials, or

seal: specified intelligence agencies

-STATUTE-

(a) Prohibition. - Except with the written permission of both the

Secretary of Defense and the Director of Central 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.

(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.

-SOURCE-

(Added and amended Pub. L. 105-107, title V, Sec. 503(a), (b), Nov.

20, 1997, 111 Stat. 2262.)

-COD-

CODIFICATION

The text of section 202(b) of this title, which was transferred

to this section by Pub. L. 105-107, Sec. 503(b), was based on Pub.

L. 97-269, title V, Sec. 501(a), Sept. 27, 1982, 96 Stat. 1145,

Sec. 191; renumbered Sec. 201, Pub. L. 99-433, title III, Sec.

301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renumbered Sec. 202, Pub.

L. 102-190, div. A, title IX, Sec. 922(a)(1), Dec. 5, 1991, 105

Stat. 1453.

-MISC3-

PRIOR PROVISIONS

A prior section 425, added Pub. L. 103-178, title V, Sec.

503(a)(1), Dec. 3, 1993, 107 Stat. 2038, related to disclosure of

information about personnel at National Reconnaissance Office prior

to repeal by Pub. L. 104-201, div. A, title XI, Sec. 1112(d),

1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996.

See section 424 of this title.

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-107, Sec. 503(b), renumbered

section 202(b) of this title as subsec. (b) of this section and

inserted heading.

-CITE-

10 USC SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

.

-HEAD-

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-MISC1-

Sec.

431. Authority to engage in commercial activities as security for

intelligence collection activities.

432. Use, disposition, and auditing of funds.

433. Relationship with other Federal laws.

434. Reservation of defenses and immunities.

435. Limitations.

436. Regulations.

437. Congressional oversight.

AMENDMENTS

1992 - Pub. L. 102-484, div. A, title X, Sec. 1052(1), Oct. 23,

1992, 106 Stat. 2499, inserted ''Sec.'' above item ''431''.

1991 - Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991,

105 Stat. 437, added subchapter heading and analysis of sections.

-CITE-

10 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 431. Authority to engage in commercial activities as security

for intelligence collection activities

-STATUTE-

(a) Authority. - The Secretary of Defense, subject to the

provisions of this subchapter, may authorize the conduct of those

commercial activities necessary to provide security for authorized

intelligence collection activities abroad undertaken by the

Department of Defense. No commercial activity may be initiated

pursuant to this subchapter after December 31, 2004.

(b) Interagency Coordination and Support. - Any such activity

shall -

(1) be coordinated with, and (where appropriate) be supported

by, the Director of Central Intelligence; and

(2) to the extent the activity takes place within the United

States, be coordinated with, and (where appropriate) be supported

by, the Director of the Federal Bureau of Investigation.

(c) Definitions. - In this subchapter:

(1) The term ''commercial activities'' means activities that

are conducted in a manner consistent with prevailing commercial

practices and includes -

(A) the acquisition, use, sale, storage and disposal of goods

and services;

(B) entering into employment contracts and leases and other

agreements for real and personal property;

(C) depositing funds into and withdrawing funds from domestic

and foreign commercial business or financial institutions;

(D) acquiring licenses, registrations, permits, and

insurance; and

(E) establishing corporations, partnerships, and other legal

entities.

(2) The term ''intelligence collection activities'' means the

collection of foreign intelligence and counterintelligence

information.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 437; amended Pub. L. 104-93, title V, Sec. 503, Jan. 6, 1996,

109 Stat. 973; Pub. L. 105-272, title V, Sec. 501, Oct. 20, 1998,

112 Stat. 2404; Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1077), Oct. 30, 2000, 114 Stat. 1654, 1654A-282; Pub. L. 107-314,

div. A, title X, Sec. 1053, Dec. 2, 2002, 116 Stat. 2649.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-314 substituted ''2004'' for

''2002''.

2000 - Subsec. (a). Pub. L. 106-398 substituted ''2002'' for

''2000''.

1998 - Subsec. (a). Pub. L. 105-272 substituted ''2000'' for

''1998''.

1996 - Subsec. (a). Pub. L. 104-93 substituted ''1998'' for

''1995''.

EFFECTIVE DATE

Section 504(b) of Pub. L. 102-88 provided that: ''The Secretary

of Defense may not authorize any activity under section 431 of

title 10, United States Code, as added by subsection (a), until the

later of -

''(1) the end of the 90-day period beginning on the date of the

enactment of this Act (Aug. 14, 1991); or

''(2) the effective date of regulations first prescribed under

section 436 of such title, as added by subsection (a).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 433 of this title.

-CITE-

10 USC Sec. 432 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 432. Use, disposition, and auditing of funds

-STATUTE-

(a) Use of Funds. - Funds generated by a commercial activity

authorized pursuant to this subchapter may be used to offset

necessary and reasonable expenses arising from that activity. Use

of such funds for that purpose shall be kept to the minimum

necessary to conduct the activity concerned in a secure manner.

Any funds generated by the activity in excess of those required for

that purpose shall be deposited, as often as may be practicable,

into the Treasury as miscellaneous receipts.

(b) Audits. - (1) The Secretary of Defense shall assign an

organization within the Department of Defense to have auditing

responsibility with respect to activities authorized under this

subchapter.

(2) That organization shall audit the use and disposition of

funds generated by any commercial activity authorized under this

subchapter not less often than annually. The results of all such

audits shall be promptly reported to the intelligence committees

(as defined in section 437(d) of this title).

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 438.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 437 of this title.

-CITE-

10 USC Sec. 433 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 433. Relationship with other Federal laws

-STATUTE-

(a) In General. - Except as provided by subsection (b), a

commercial activity conducted pursuant to this subchapter shall be

carried out in accordance with applicable Federal law.

(b) Authorization of Waivers When Necessary to Maintain Security.

- (1) If the Secretary of Defense determines, in connection with a

commercial activity authorized pursuant to section 431 of this

title, that compliance with certain Federal laws or regulations

pertaining to the management and administration of Federal agencies

would create an unacceptable risk of compromise of an authorized

intelligence activity, the Secretary may, to the extent necessary

to prevent such compromise, waive compliance with such laws or

regulations.

(2) Any determination and waiver by the Secretary under paragraph

(1) shall be made in writing and shall include a specification of

the laws and regulations for which compliance by the commercial

activity concerned is not required consistent with this section.

(3) The authority of the Secretary under paragraph (1) may be

delegated only to the Deputy Secretary of Defense, an Under

Secretary of Defense, an Assistant Secretary of Defense, or a

Secretary of a military department.

(c) Federal Laws and Regulations. - For purposes of this section,

Federal laws and regulations pertaining to the management and

administration of Federal agencies are only those Federal laws and

regulations pertaining to the following:

(1) The receipt and use of appropriated and nonappropriated

funds.

(2) The acquisition or management of property or services.

(3) Information disclosure, retention, and management.

(4) The employment of personnel.

(5) Payments for travel and housing.

(6) The establishment of legal entities or government

instrumentalities.

(7) Foreign trade or financial transaction restrictions that

would reveal the commercial activity as an activity of the United

States Government.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 438.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 436, 437 of this title.

-CITE-

10 USC Sec. 434 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 434. Reservation of defenses and immunities

-STATUTE-

The submission to judicial proceedings in a State or other legal

jurisdiction, in connection with a commercial activity undertaken

pursuant to this subchapter, shall not constitute a waiver of the

defenses and immunities of the United States.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 439.)

-CITE-

10 USC Sec. 435 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 435. Limitations

-STATUTE-

(a) Lawful Activities. - Nothing in this subchapter authorizes

the conduct of any intelligence activity that is not otherwise

authorized by law or Executive order.

(b) Domestic Activities. - Personnel conducting commercial

activity authorized by this subchapter may only engage in those

activities in the United States to the extent necessary to support

intelligence activities abroad.

(c) Providing Goods and Services to the Department of Defense. -

Commercial activity may not be undertaken within the United States

for the purpose of providing goods and services to the Department

of Defense, other than as may be necessary to provide security for

the activities subject to this subchapter.

(d) Notice to United States Persons. - (1) In carrying out a

commercial activity authorized under this subchapter, the Secretary

of Defense may not permit an entity engaged in such activity to

employ a United States person in an operational, managerial, or

supervisory position, and may not assign or detail a United States

person to perform operational, managerial, or supervisory duties

for such an entity, unless that person is informed in advance of

the intelligence security purpose of that activity.

(2) In this subsection, the term ''United States person'' means

an individual who is a citizen of the United States or an alien

lawfully admitted to the United States for permanent residence.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 439.)

-CITE-

10 USC Sec. 436 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 436. Regulations

-STATUTE-

The Secretary of Defense shall prescribe regulations to implement

the authority provided in this subchapter. Such regulations shall

be consistent with this subchapter and shall at a minimum -

(1) specify all elements of the Department of Defense who are

authorized to engage in commercial activities pursuant to this

subchapter;

(2) require the personal approval of the Secretary or Deputy

Secretary of Defense for all sensitive activities to be

authorized pursuant to this subchapter;

(3) specify all officials who are authorized to grant waivers

of laws or regulations pursuant to section 433(b) of this title,

or to approve the establishment or conduct of commercial

activities pursuant to this subchapter;

(4) designate a single office within the Defense Intelligence

Agency to be responsible for the management and supervision of

all activities authorized under this subchapter;

(5) require that each commercial activity proposed to be

authorized under this subchapter be subject to appropriate legal

review before the activity is authorized; and

(6) provide for appropriate internal audit controls and

oversight for such activities.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 439.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 437 of this title.

-CITE-

10 USC Sec. 437 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS

SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES

-HEAD-

Sec. 437. Congressional oversight

-STATUTE-

(a) Proposed Regulations. - Copies of regulations proposed to be

prescribed under section 436 of this title (including any proposed

revision to such regulations) shall be submitted to the

intelligence committees not less than 30 days before they take

effect.

(b) Current Information. - Consistent with title V of the

National Security Act of 1947 (50 U.S.C. 413 et seq.), the

Secretary of Defense shall ensure that the intelligence committees

are kept fully and currently informed of actions taken pursuant to

this subchapter, including any significant anticipated activity to

be authorized pursuant to this subchapter. The Secretary shall

promptly notify the appropriate committees of Congress whenever a

corporation, partnership, or other legal entity is established

pursuant to this subchapter.

(c) Annual Report. - Not later each year than the date provided

in section 507 of the National Security Act of 1947, the Secretary

shall submit to the congressional intelligence committees (as

defined in section 3 of that Act (50 U.S.C. 401a)) a report on all

commercial activities authorized under this subchapter that were

undertaken during the previous fiscal year. Such report shall

include (with respect to the fiscal year covered by the report) -

(1) a description of any exercise of the authority provided by

section 433(b) of this title;

(2) a description of any expenditure of funds made pursuant to

this subchapter (whether from appropriated or non-appropriated

funds); and

(3) a description of any actions taken with respect to audits

conducted pursuant to section 432 of this title to implement

recommendations or correct deficiencies identified in such

audits.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 504(a)(2), Aug. 14, 1991, 105

Stat. 440; amended Pub. L. 107-306, title VIII, Sec. 811(b)(4)(A),

Nov. 27, 2002, 116 Stat. 2423.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in subsecs. (b)

and (c), is act July 26, 1947, ch. 343, 61 Stat. 495, as amended.

Title V of the Act is classified generally to subchapter III (Sec.

413 et seq.) of chapter 15 of Title 50, War and National Defense.

Section 507 of the Act is classified to section 415b of Title 50.

For complete classification of this Act to the Code, see Short

Title note set out under section 401 of Title 50 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-306, Sec. 811(b)(4)(A)(i), in

introductory provisions, substituted ''Not later each year than the

date provided in section 507 of the National Security Act of 1947,

the Secretary shall submit to the congressional intelligence

committees (as defined in section 3 of that Act (50 U.S.C. 401a))''

for ''Not later than January 15 of each year, the Secretary shall

submit to the appropriate committees of Congress''.

Subsec. (d). Pub. L. 107-306, Sec. 811(b)(4)(A)(ii), struck out

heading and text of subsec. (d). Text read as follows: ''In this

section, the term 'intelligence committees' means the Select

Committee on Intelligence of the Senate and the Permanent Select

Committee on Intelligence of the House of Representatives.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 432 of this title; title

50 section 415b.

-CITE-