10 U.S.C. § 424

Disclosure of organizational and personnel information: exemption for specified intelligence agencies

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(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.)Editorial NotesPrior Provisions

A prior section 424, added Pub. L. 100–178, title VI, § 603(a), Dec. 2, 1987, 101 Stat. 1016, § 1607; renumbered § 424 and amended Pub. L. 100–453, title VII, § 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, §§ 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996.

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 SubsidiariesEffective 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, § 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, § 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, § 503(a)(1), (b), Dec. 3, 1993, 107 Stat. 2038, 2039.

Notes of Decisions

Cited in 18 cases (4 in the last 5 years), 2004–2025 · leading case: Physicians for Human Rights v. U.S. Dep't of Def., 675 F. Supp. 2d 149 (D.D.C. 2009).

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Physicians for Human Rights v. U.S. Dep't of Def., 675 F. Supp. 2d 149 (D.D.C. 2009). · cites it 3× “’ Reply at 4 (citing 10 U.S.C. § 424 (a), (b)). *160 This Court finds that the DIA properly withheld the sensitive identifying information at issue, including the name, geographic location, and subject matter responsibilities of some of its offices.”

Nat'l Sec. Counselors v. Cent. Intelligence Agency, 960 F. Supp. 2d 101 (D.D.C. 2013). · cites it 2× “The plaintiff argues that the DIA “lacks the authority to invoke the National Security Act on its own to withhold information not protected by 10 U.S.C. § 424 .” Id. at 17 . The premise of this contention is that, although the National Security Act originally “vested the…”

Hamdan v. United States Dep't of Just., 797 F.3d 759 (9th Cir. 2015). · cites it 2× “The district court also held that the FBI and the DIA had properly withheld records under Exemption 1 for classified material, because the classification claims were sufficiently supported by the declarations and there was no reason to doubt the truth or good faith of those…”

Miller v. United States Dep't of Just., 562 F. Supp. 2d 82 (D.D.C. 2008). · cites it 2× “Disclosure of such information, DIA explains, is prohibited under 10 U.S.C. § 424 . Id. That statute prohibits the disclosure of “the organization or any function of’ the DIA, or “the number of persons employed by or detailed to [the DIA], or the name, official title,…”

Sack v. Cent. Intelligence Agency, 53 F. Supp. 3d 154 (D.D.C. 2014). · cites it 2× “The images were also withheld under 10 U.S.C. § 424 , which exempts from disclosure "the organization or any function of, [the DIA]” and "the number of persons employed by or assigned or detailed to [the DIA] or the name, official title, occupational series, grade, or salary of…”

In Re Guantanamo Bay Detainee Litig., 787 F. Supp. 2d 5 (D.D.C. 2011). · cites it 2× “C § 130b exempts from public disclosure personally-identifying information about any employee whose duty station is with a unit involved in collecting, handling, disposing or storing classified information and materials, 3 (2) 10 U.S.C. § 424 exempts from disclosure the name,…”

Freedom Watch, Inc. v. Nat'l Sec. Agency, 197 F. Supp. 3d 165 (D.D.C. 2016). · cites it 2× “§ 130 (B), 10 U.S.C. § 424 , and 50 U.S.C. § 3507 . Section 130(B) authorizes withholding “personally identifying information regarding .”

Wickwire Gavin, P.C. v. Def. Intelligence Agency, 330 F. Supp. 2d 592 (E.D. Va. 2004). · cites it 3× “Redactions were made pursuant to FOIA exemptions (b)(2) (information pertaining to internal rules and practices of the agency), (b)(3) (information specifically exempt by statute), and 10 U.S.C. § 424 . (Def.Ex. C.) On March 3, 2004, WG amended its complaint, asserting that all…”

Osen LLC v. U.S. Dep't of State, 360 F. Supp. 3d 258 (S.D. Ill. 2019). · cites it 2× “Embassy in Baghdad to State on the ground that it was exempted from disclosure under Section 1112 of the National Defense Authorization Act for Fiscal Year 1997, as amended, 10 U.S.C. § 424 , because it concerns intelligence sources and methods and because it concerns the…”

Physicians for Human Rights v. U.S. Dep't of Def., 778 F. Supp. 2d 28 (D.D.C. 2011). “Scott’s declaration cites 10 U.S.C. § 424 as a statute that falls within the scope of Exemption 3.”

Khatchadourian v. Def. Intelligence Agency (D.D.C. 2020). · cites it 10× “She recommended that plaintiff's motion for summary judgment be denied as to those issues but granted as to all public news article records withheld under Exemption 3 and 10 U.S.C. § 424 (meaning that defendants’ motion for summary judgment should be denied as to that issue).”

Khatchadourian v. Def. Intelligence Agency (D.D.C. 2022). · cites it 9× “The Court also found that most records under Exemption 3 were properly withheld, except for document V-106 and other documents withheld pursuant to 10 U.S.C. § 424 , where the court required more information.”

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— 10 U.S.C. § 424(a)(2) — 1 case

Freedom Watch, Inc. v. Nat'l Sec. Agency, 197 F. Supp. 3d 165 (D.D.C. 2016). “§ 130 (B), 10 U.S.C. § 424 , and 50 U.S.C. § 3507 . Section 130(B) authorizes withholding “personally identifying information regarding .”

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