§ 425. Prohibition of unauthorized use of name, initials, or seal: specified intelligence agencies

Statutory text

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):

The words “Defense Intelligence Agency”, the initials “DIA”, or the seal of the Defense Intelligence Agency.

The words “National Reconnaissance Office”, the initials “NRO”, or the seal of the National Reconnaissance Office.

The words “National Imagery and Mapping Agency”, the initials “NIMA”, or the seal of the National Imagery and Mapping Agency.

The words “Defense Mapping Agency”, the initials “DMA”, or the seal of the Defense Mapping Agency.

The words “National Geospatial-Intelligence Agency”, the initials “NGA,” or the seal of the National Geospatial-Intelligence Agency.

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.

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.

1997
Intelligence Authorization Act for Fiscal Year 1998
Pub. L. 105–107 title V § 503(a) · 111 Stat. 2248
Enacted · 10 U.S.C. § 425
Added and amended Pub. L. 105–107, title V, § 503(a), (b), Nov. 20, 1997, 111 Stat. 2262
Source evidence
Code source credit
Added and amended Pub. L. 105–107, title V, § 503(a), (b), Nov. 20, 1997, 111 Stat. 2262
Enacted provision · exact public law section
(a) Extension, Reorganization, and Consolidation of Authorities.— Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section: “§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 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.”.
1997
Intelligence Authorization Act for Fiscal Year 1998
Pub. L. 105–107 § 503(b) · 111 Stat. 2248
Inserted · 10 U.S.C. § 425(b)
Pub. L. 105–107, § 503(b), renumbered section 202(b) of this title as subsec. (b) of this section and inserted heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–107, § 503(b), renumbered section 202(b) of this title as subsec. (b) of this section and inserted heading.
Enacted provision · exact public law section
(b) Transfer of Enforcement Authority.— Subsection (b) of section 202 of title 10, United States Code, is transferred to the end of section 425 of such title, as added by subsection (a), and is amended by inserting “Authority To Enjoin Violations.—” after “(b)”.
2003
National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 div. A title IX § 921(d)(6) · 117 Stat. 1392
Added · 10 U.S.C. § 425(a)(5)
Pub. L. 108–136 added par. (5)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 108–136 added par. (5).
Enacted provision · exact public law section
(6) Section 425(a) is amended by adding at the end the following new paragraph: “(5) The words ‘National Geospatial-Intelligence Agency’, the initials ‘NGA,’ or the seal of the National Geospatial-Intelligence Agency.” .
2008
National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 div. A title IX § 931(a)(6) · 122 Stat. 3
1. Amended · 10 U.S.C. § 425(a)
  Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(6), amended subsec. (a) identically
2. Repealed · 10 U.S.C. § 425(a)
  Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(6), substituting “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. Pub. L. 110–417, § 932(a)(6), was repealed by Pub. L. 111–84
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(6), amended subsec. (a) identically, substituting “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. Pub. L. 110–417, § 932(a)(6), was repealed by Pub. L. 111–84.
Enacted provision · exact public law section
(6) Section 425(a).
2009
National Defense Authorization Act for Fiscal Year 2010
Pub. L. 111–84 div. A title X § 1073(c)(10) · 123 Stat. 2190
Repealed · 10 U.S.C. § 425(a)
Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(6). See 2008 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(6). See 2008 Amendment note below.
Enacted provision · exact public law section
(10) Section 932 (122 Stat. 4576) is repealed.
Effective date note
Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Codification

The text of section 202(b) of this title, which was transferred to this section by Pub. L. 105–107, § 503(b), was based on Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1145, § 191; renumbered § 201, Pub. L. 99–433, title III, § 301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renumbered § 202, Pub. L. 102–190, div. A, title IX, § 922(a)(1), Dec. 5, 1991, 105 Stat. 1453.

Prior Provisions

A prior section 425, added Pub. L. 103–178, title V, § 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, §§ 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996. See section 424 of this title.

Amendments1997–2009 · 4 rounds

2009

Subsec. (a). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(6). See 2008 Amendment note below.

2008

Subsec. (a). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(6), amended subsec. (a) identically, substituting “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. Pub. L. 110–417, § 932(a)(6), was repealed by Pub. L. 111–84.

2003

Subsec. (a)(5). Pub. L. 108–136 added par. (5).

1997

Subsec. (b). Pub. L. 105–107, § 503(b), renumbered section 202(b) of this title as subsec. (b) of this section and inserted heading.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to National Imagery and Mapping Agency considered to be reference to National Geospatial-Intelligence Agency, see section 921(a) of Pub. L. 108–136, set out as a note under section 441 of this title.

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

Credits

1997–2009 · 5 acts

1997Added and amended Pub. L. 105–107, title V, § 503(a), (b), Nov. 20, 1997, 111 Stat. 2262
2003Pub. L. 108–136, div. A, title IX, § 921(d)(6), Nov. 24, 2003, 117 Stat. 1569
2008Pub. L. 110–181, div. A, title IX, § 931(a)(6), Jan. 28, 2008, 122 Stat. 285
2008Pub. L. 110–417, [div. A], title IX, § 932(a)(6), Oct. 14, 2008, 122 Stat. 4576
2009Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.

Show as published

(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.)