§425 — Title 10 Armed Forces | U.S. Code

Summary

You must get written permission from both the Secretary of Defense and the Director of National Intelligence before using the names, initials, or seals — or any imitation of them — of the Defense Intelligence Agency (DIA), National Reconnaissance Office (NRO), National Imagery and Mapping Agency (NIMA), Defense Mapping Agency (DMA), or National Geospatial-Intelligence Agency (NGA) on merchandise, retail items, impersonations, solicitations, or other commercial activities if that use could reasonably make people think those officials approve or authorize it. If the Attorney General thinks someone is doing or will do this, the Attorney General can file a civil lawsuit in a U.S. district court to stop it. The court must act quickly and can issue temporary orders or other measures before the final decision to prevent harm to the United States or to people the case protects.

Title 10, §425

Armed Forces — Source: USLM XML via OLRC

(a)Except with the written permission of both the Secretary of Defense and the Director of National Intelligence, no person may knowingly use, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary and the Director, any of the following (or any colorable imitation thereof):

(1)The words “Defense Intelligence Agency”, the initials “DIA”, or the seal of the Defense Intelligence Agency.

(2)The words “National Reconnaissance Office”, the initials “NRO”, or the seal of the National Reconnaissance Office.

(3)The words “National Imagery and Mapping Agency”, the initials “NIMA”, or the seal of the National Imagery and Mapping Agency.

(4)The words “Defense Mapping Agency”, the initials “DMA”, or the seal of the Defense Mapping Agency.

(5)The words “National Geospatial-Intelligence Agency”, the initials “NGA,” or the seal of the National Geospatial-Intelligence Agency.

(b)Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.

Notes & Related Subsidiaries

Editorial Notes

Codification The text of section 202(b) of this title, which was transferred to this section by Pub. L. 105–107, § 503(b), was based on Pub. L. 97–269, title V, § 501(a), Sept. 27, 1982, 96 Stat. 1145, § 191; renumbered § 201, Pub. L. 99–433, title III, § 301(a)(1), Oct. 1, 1986, 100 Stat. 1019; renumbered § 202, Pub. L. 102–190, div. A, title IX, § 922(a)(1), Dec. 5, 1991, 105 Stat. 1453.

Prior Provisions

A prior section 425, added Pub. L. 103–178, title V, § 503(a)(1), Dec. 3, 1993, 107 Stat. 2038, related to disclosure of information about personnel at National Reconnaissance Office prior to repeal by Pub. L. 104–201, div. A, title XI, §§ 1112(d), 1124, Sept. 23, 1996, 110 Stat. 2683, 2688, effective Oct. 1, 1996. See section 424 of this title.

Amendments

2009—Subsec. (a). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(6). See 2008 Amendment note below. 2008—Subsec. (a). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(6), amended subsec. (a) identically, substituting “Director of National Intelligence” for “Director of Central Intelligence” in introductory provisions. Pub. L. 110–417, § 932(a)(6), was repealed by Pub. L. 111–84. 2003—Subsec. (a)(5). Pub. L. 108–136 added par. (5). 1997—Subsec. (b). Pub. L. 105–107, § 503(b), renumbered section 202(b) of this title as subsec. (b) of this section and inserted heading.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to National Imagery and Mapping Agency considered to be reference to National Geospatial-Intelligence Agency, see section 921(a) of Pub. L. 108–136, set out as a note under section 441 of this title.

Effective Date

of 2009 Amendment Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

§425 Prohibition of unauthorized use of name, initials, or seal: specified intelligence agencies