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27 June 1999
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov] [Laws in effect as of January 16, 1996] [Document not affected by Public Laws enacted between January 16, 1996 and August 28, 1996] [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. [End 10USC421] -------------------------------------------------------------------------- [Excerpt from the "National Defense Authorization Act for Fiscal Year 1994] From the Congressional Bills (103d) Online via GPO Access SEC. 267. COMPREHENSIVE INDEPENDENT STUDY OF NATIONAL CRYPTOGRAPHY POLICY. (a) Study by National Research Council.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall request the National Research Council of the National Academy of Sciences to conduct a comprehensive study of cryptographic technologies and national cryptography policy. (b) Matters To Be Assessed in Study.--The study shall assess-- (1) the effect of cryptographic technologies on-- (A) national security interests of the United States Government; (B) law enforcement interests of the United States Government; (C) commercial interests of United States industry; and (D) privacy interests of United States citizens; and (2) the effect on commercial interests of United States industry of export controls on cryptographic technologies. (c) Interagency Cooperation With Study.--The Secretary of Defense shall direct the National Security Agency, the Advanced Research Projects Agency, and other appropriate agencies of the Department of Defense to cooperate fully with the National Research Council in its activities in carrying out the study under this section. The Secretary shall request all other appropriate Federal departments and agencies to provide similar cooperation to the National Research Council. (d) Funding.--Of the amount authorized to be appropriated in section 201 for Defense-wide activities, $800,000 shall be available for the study under this section. (e) Report.--(1) The National Research Council shall complete the study and submit to the Secretary of Defense a report on the study within approximately two years after full processing of security clearances under subsection (f). The report on the study shall set forth the Council's findings and conclusions and the recommendations of the Council for improvements in cryptography policy and procedures. (2) The Secretary shall submit the report to the Committee on Armed Services, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate and to the Committee on Armed Services, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives not later than 120 days after the day on which the report is submitted to the Secretary. The report shall be submitted to those committees in unclassified form, with classified annexes as necessary. (f) Expedited Processing of Security Clearances for Study.--For the purpose of facilitating the commencement of the study under this section, the Secretary of Defense shall expedite to the fullest degree possible the processing of security clearances that are necessary for the National Research Council to conduct the study. [End excerpt]