10 USC 424: Organizational and Personnel Information for DIA, NRO, and NGA

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

                         TITLE 10--ARMED FORCES
                    Subtitle A--General Military Law
                      SUBCHAPTER I--GENERAL MATTERS
Sec. 424. Disclosure of organizational and personnel information: exemption for specified intelligence agencies (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, Sec. 1112(d), Sept. 23, 1996, 110 Stat. 2683; amended Pub. L. 108-136, div. A, title IX, Sec. 921(d)(5)(A), (B)(i), Nov. 24, 2003, 117 Stat. 1569.) 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, Secs. 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996. Amendments 2003--Pub. L. 108-136, Sec. 921(d)(5)(B)(i), substituted ``Disclosure of organizational and personnel informa [[Page 190]] tion: 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, Sec. 921(d)(5)(A), substituted ``National Geospatial-Intelligence Agency'' for ``National Imagery and Mapping Agency''. 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.