§424. Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency

(a) Except as required by the President or as provided in subsection (b), the Secretary of Defense may not be required to disclose information with respect to-

(1) the organization or any function of the Defense Intelligence Agency; or

(2) the number of persons employed by or assigned or detailed to such Agency or the name, official title, occupational series, grade, or salary of any such person.

(b) This section does not apply-

(1) with respect to the provision of information to Congress; or

(2) with respect to information required to be disclosed by section 552 or 552a of title 5.

(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 .)

Amendments

1988-Pub. L. 100–453 renumbered section 1607 of this title as this section, substituted "Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency" for "Exemption from disclosing organizational and personnel data" in section catchline, and amended text generally. Prior to amendment, text read as follows: "Notwithstanding the provisions of any other law, and except as provided herein and as required by section 552 or section 552a of title 5, United States Code, the Defense Intelligence Agency shall not be required to disclose the organization or any function of the Defense Intelligence Agency or the names, official titles, occupational series, grades, salaries or numbers of personnel employed by such Agency. This section shall not apply to information provided the Congress."

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 section 425 of this title by Pub. L. 103–178, title V, §503(a)(1), (b), Dec. 3, 1993, 107 Stat. 2038 , 2039.