Title 10 — Armed Forces
Part I · Chapter 21 — Department of Defense Intelligence Matters
§ 424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies
Statutory text
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—
the organization or any function of an organization of the Department of Defense named in subsection (b); or
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.
Covered Organizations.—
This section applies to the following organizations of the Department of Defense:
The Defense Intelligence Agency.
The National Reconnaissance Office.
The National Geospatial-Intelligence Agency.
Provision of Information to Congress.—
Subsection (a) does not apply with respect to the provision of information to Congress.
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.
National Imagery and Mapping Agency Act of 1996
Pub. L. 104–201 div. A title XI § 1112(d) · 110 Stat. 2422
Enacted · 10 U.S.C. § 424
Added Pub. L. 104–201, div. A, title XI, § 1112(d), Sept. 23, 1996, 110 Stat. 2683
Source evidence
Code source credit
Added Pub. L. 104–201, div. A, title XI, § 1112(d), Sept. 23, 1996, 110 Stat. 2683Enacted provision · exact public law section
(d) Consolidation and Standardization of Exemptions From Disclosure of Organizational and Personnel Information.— Chapter 21 of title 10, United States Code, is amended by striking out sections 424 and 425 and inserting in lieu thereof the following: “§424. Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency, National Reconnaissance Office, and National Imagery and Mapping Agency “(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.”.National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 921(d)(5)(B)(i) · 117 Stat. 1392
Substituted · 10 U.S.C. § 424
Pub. L. 108–136, § 921(d)(5)(B)(i), substituted “Disclosure of organizational and personnel information: exemption for specified intelligence agencies” for “Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency, National Reconnaissance Office, and National Imagery and Mapping Agency” in section catchline
Source evidence
Code amendment note
Pub. L. 108–136, § 921(d)(5)(B)(i), substituted “Disclosure of organizational and personnel information: exemption for specified intelligence agencies” for “Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency, National Reconnaissance Office, and National Imagery and Mapping Agency” in section catchline.Enacted provision · exact public law section
(i) The heading of such section is amended to read as follows: “§ 424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies” .National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 921(d)(5)(A) · 117 Stat. 1392
Substituted · 10 U.S.C. § 424(b)(3)
Pub. L. 108–136, § 921(d)(5)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 108–136, § 921(d)(5)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.Enacted provision · exact public law section
(A) Section 424 is amended by striking “National Imagery and Mapping Agency” in subsection (b)(3) and inserting “National Geospatial-Intelligence Agency”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 424, added Pub. L. 100–178, title VI, § 603(a), , 101 Stat. 1016, § 1607; renumbered § 424 and amended Pub. L. 100–453, title VII, § 703(a), , 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, §§ 1112(d), 1124, , 110 Stat. 2683, 2688, effective .
Amendments
2003—Pub. L. 108–136, § 921(d)(5)(B)(i), substituted “Disclosure of organizational and personnel information: exemption for specified intelligence agencies” for “Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency, National Reconnaissance Office, and National Imagery and Mapping Agency” in section catchline.
Subsec. (b)(3). Pub. L. 108–136, § 921(d)(5)(A), substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , 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, § 503, , 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, § 406, , 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, § 503(a)(1), (b), , 107 Stat. 2038, 2039.
Credits
1996–2003 · 2 acts
- 1996Added Pub. L. 104–201, div. A, title XI, § 1112(d), , 110 Stat. 2683
- 2003amended Pub. L. 108–136, div. A, title IX, § 921(d)(5)(A), (B)(i), , 117 Stat. 1569.
Show as published
(Added Pub. L. 104–201, div. A, title XI, § 1112(d), , 110 Stat. 2683; amended Pub. L. 108–136, div. A, title IX, § 921(d)(5)(A), (B)(i), , 117 Stat. 1569.)