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Title 10 — Armed Forces

Part I · Chapter 21 — Department of Defense Intelligence Matters

§ 423. Authority to use proceeds from counterintelligence operations of the military departments or the Defense Intelligence Agency

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 99–569 title IV § 403(a) · 100 Stat. 3190

    Enacted · 10 U.S.C. § 423

    Added Pub. L. 99–569, title IV, § 403(a), Oct. 27, 1986, 100 Stat. 3196, § 140b

    Source evidence

    Code source credit
    Added Pub. L. 99–569, title IV, § 403(a), Oct. 27, 1986, 100 Stat. 3196, § 140b

    Enacted provision · exact public law section
    (a) Chapter 4 of title 10, United States Code, as amended by section 401(c) of this Act, is further amended by adding at the end thereof the following new section: “§ 140b. Authority to use proceeds from counterintelligence operations of the military departments “(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, United States Code, 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.”.

  2. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 9(a)(3) · 101 Stat. 273

    Struck · 10 U.S.C. § 423

    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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (3) Sections 140a and 140b of such title (as added by sections 401 and 403, respectively, of the Intelligence Authorization Act for Fiscal Year 1987 (Public Law 99–569)) are transferred to the end of such chapter and redesignated as sections 422 and 423, respectively.

  3. National Defense Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. A title IX § 921(a) · 123 Stat. 2190

    Inserted · 10 U.S.C. § 423

    Pub. L. 111–84 inserted “or the Defense Intelligence Agency” after “military departments” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 111–84 inserted “or the Defense Intelligence Agency” after “military departments” wherever appearing.

    Enacted provision · exact public law section
    (a) In General.— Section 423 of title 10, United States Code, is amended by inserting “or the Defense Intelligence Agency” after “the military departments” each place it appears in subsections (a) and (c).

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1987–2009 · 2 rounds

2009

Pub. L. 111–84 inserted “or the Defense Intelligence Agency” after “military departments” wherever 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).

Credits

1986–2009 · 3 acts
  1. 1986Added Pub. L. 99–569, title IV, § 403(a), , 100 Stat. 3196, § 140b
  2. 1987renumbered § 423 and amended Pub. L. 100–26, § 9(a)(3), (b)(3), , 101 Stat. 287
  3. 2009Pub. L. 111–84, div. A, title IX, § 921(a), (b)(1), , 123 Stat. 2432.
Show as published

(Added Pub. L. 99–569, title IV, § 403(a), , 100 Stat. 3196, § 140b; renumbered § 423 and amended Pub. L. 100–26, § 9(a)(3), (b)(3), , 101 Stat. 287; Pub. L. 111–84, div. A, title IX, § 921(a), (b)(1), , 123 Stat. 2432.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s423