
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-108 Section 501(b)(3)]
[CITE: 10USC421]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
         CHAPTER 21--DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
 
                      SUBCHAPTER I--GENERAL MATTERS
 
Sec. 421. Funds for foreign cryptologic support

    (a) The Secretary of Defense may use appropriated funds available to 
the Department of Defense for intelligence and communications purposes 
to pay for the expenses of arrangements with foreign countries for 
cryptologic support.
    (b) The Secretary of Defense may use funds other than appropriated 
funds to pay for the expenses of arrangements with foreign countries for 
cryptologic support without regard for the provisions of law relating to 
the expenditure of United States Government funds, except that--
        (1) no such funds may be expended, in whole or in part, by or 
    for the benefit of the Department of Defense for a purpose for which 
    Congress had previously denied funds; and
        (2) proceeds from the sale of cryptologic items may be used only 
    to purchase replacement items similar to the items that are sold; 
    and
        (3) the authority provided by this subsection may not be used to 
    acquire items or services for the principal benefit of the United 
    States.

    (c) Any funds expended under the authority of subsection (a) shall 
be reported to the Select Committee on Intelligence of the Senate and 
the Permanent Select Committee on Intelligence of the House of 
Representatives pursuant to the provisions of title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.). Funds expended under the 
authority of subsection (b) shall be reported pursuant to procedures 
jointly agreed upon by such committees and the Secretary of Defense.

(Added Pub. L. 96-450, title IV, Sec. 401(a), Oct. 14, 1980, 94 Stat. 
1977, Sec. 140a; amended Pub. L. 97-258, Sec. 3(b)(2), Sept. 13, 1982, 
96 Stat. 1063; renumbered Sec. 128 and amended Pub. L. 99-433, title I, 
Secs. 101(a)(3), 110(d)(5), Oct. 1, 1986, 100 Stat. 994, 1002; 
renumbered Sec. 421, Pub. L. 100-26, Sec. 9(a)(2), Apr. 21, 1987, 101 
Stat. 287; Pub. L. 100-453, title VII, Sec. 701(a), Sept. 29, 1988, 102 
Stat. 1911; Pub. L. 101-189, div. A, title XVI, Sec. 1622(c)(3), Nov. 
29, 1989, 103 Stat. 1604.)

                       References in Text

    The National Security Act of 1947, referred to in subsec. (c), is 
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the Act 
is classified generally to subchapter III (Sec. 413 et seq.) of chapter 
15 of Title 50, War and National Defense. For complete classification of 
this Act to the Code, see Short Title note set out under section 401 of 
Title 50 and Tables.


                               Amendments

    1989--Subsec. (c). Pub. L. 101-189 substituted ``House of 
Representatives pursuant to the provisions of title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.). Funds'' for ``House 
pursuant to the provisions of title V of the National Security Act of 
1947, as amended, and funds''.
    1988--Pub. L. 100-453 struck out ``transfers'' after ``Funds'' in 
section catchline and amended text generally. Prior to amendment, text 
read as follows: ``The Secretary of Defense may use funds available to 
the Department of Defense for intelligence and communications purposes 
to pay for the expenses of arrangements with foreign countries for 
cryptologic support.''
    1987--Pub. L. 100-26 renumbered section 128 of this title as this 
section.
    1986--Pub. L. 99-433 renumbered section 140a of this title as 
section 128 of this title and substituted ``Funds'' for ``Secretary of 
Defense: funds'' in section catchline.
    1982--Pub. L. 97-258 struck out provision that payments under this 
section could be made without regard to section 3651 of the Revised 
Statutes of the United States (31 U.S.C. 543).


     Comprehensive Independent Study of National Cryptography Policy

    Pub. L. 103-160, div. A, title II, Sec. 267, Nov. 30, 1993, 107 
Stat. 1611, directed Secretary of Defense, not later than 90 days after 
Nov. 30, 1993, to request National Research Council of National Academy 
of Sciences to conduct a comprehensive study to assess effect of 
cryptographic technologies on national security, law enforcement, 
commercial, and privacy interests, and effect of export controls on 
commercial interests, with cooperation of other agencies, and report 
findings and conclusions within 2 years after processing of security 
clearances to Secretary of Defense, and directed Secretary to submit a 
report in unclassified form to Committee on Armed Services, Committee on 
the Judiciary, and Select Committee on Intelligence of Senate and to 
Committee on Armed Services, Committee on the Judiciary, and Permanent 
Select Committee on Intelligence of House of Representatives, not later 
than 120 days after the report is submitted to the Secretary.
