US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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)
50 U.S.C. 3091 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 ( 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.

Pub. L. 96–450, title IV, § 401(a)94 Stat. 1977Pub. L. 97–258, § 3(b)(2)96 Stat. 1063Pub. L. 99–433, title I100 Stat. 994Pub. L. 100–26, § 9(a)(2)101 Stat. 287Pub. L. 100–453, title VII, § 701(a)102 Stat. 1911Pub. L. 101–189, div. A, title XVI, § 1622(c)(3)103 Stat. 1604Pub. L. 113–291, div. A, title X, § 1071(c)(3)128 Stat. 3508(Added , , , § 140a; amended , , ; renumbered § 128 and amended , §§ 101(a)(3), 110(d)(5), , , 1002; renumbered § 421, , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act July 26, 1947, ch. 34361 Stat. 495The National Security Act of 1947, referred to in subsec. (c), is , . Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 113–29150 U.S.C. 309150 U.S.C. 4132014—Subsec. (c). substituted “( et seq.)” for “( et seq.)”.

Pub. L. 101–18950 U.S.C. 4131989—Subsec. (c). substituted “House of Representatives pursuant to the provisions of title V of the National Security Act of 1947 ( et seq.). Funds” for “House pursuant to the provisions of title V of the National Security Act of 1947, as amended, and funds”.

Pub. L. 100–4531988— 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.”

Pub. L. 100–26section 128 of this title1987— renumbered as this section.

Pub. L. 99–433section 140a of this titlesection 128 of this title1986— renumbered as and substituted “Funds” for “Secretary of Defense: funds” in section catchline.

Pub. L. 97–25831 U.S.C. 5431982— struck out provision that payments under this section could be made without regard to section 3651 of the Revised Statutes of the United States ().

Statutory Notes and Related Subsidiaries

Comprehensive Independent Study of National Cryptography Policy

Pub. L. 103–160, div. A, title II, § 267107 Stat. 1611, , , directed Secretary of Defense, not later than 90 days after , 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.