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10 U.S.C. § 436 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations shall be consistent with this subchapter and shall at a minimum—
(1) specify all elements of the Department of Defense who are authorized to engage in commercial activities pursuant to this subchapter;
(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter;
(3) specify all officials who are authorized to grant waivers of laws or regulations pursuant to [section 433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section433/b&num=0&edition=prelim), or to approve the establishment or conduct of commercial activities pursuant to this subchapter;
(4) designate a single office within the Department of Defense to be responsible for the oversight of all activities authorized under this subchapter;
(5) require that each commercial activity proposed to be authorized under this subchapter be subject to appropriate legal review before the activity is authorized; and
(6) provide for appropriate internal audit controls and oversight for such activities.
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Stable record: federal_law:legal_authorities:record_usc_5bda7fe4d899ccfb38d35390
Source file: Laws/federal/codes/united-states-code/title-10/section-436-regulations--a20ed2e0cb.md
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Source location: Title 10, Chapter 21, § 436; chapter-021-department-of-defense-intelligence-matters.md
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The Secretary of Defense shall prescribe regulations to implement the authority provided in this subchapter. Such regulations shall be consistent with this subchapter and shall at a minimum—
(1) specify all elements of the Department of Defense who are authorized to engage in commercial activities pursuant to this subchapter;
(2) require the personal approval of the Secretary or Deputy Secretary of Defense for all sensitive activities to be authorized pursuant to this subchapter;
(3) specify all officials who are authorized to grant waivers of laws or regulations pursuant to [section 433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section433/b&num=0&edition=prelim), or to approve the establishment or conduct of commercial activities pursuant to this subchapter;
(4) designate a single office within the Department of Defense to be responsible for the oversight of all activities authorized under this subchapter;
(5) require that each commercial activity proposed to be authorized under this subchapter be subject to appropriate legal review before the activity is authorized; and
(6) provide for appropriate internal audit controls and oversight for such activities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proposed Regulations.—** Copies of regulations proposed to be prescribed under [section 436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section436&num=0&edition=prelim) (including any proposed revision to such regulations) shall be submitted to congressional defense committees and the congressional intelligence committees not less than 30 days before they take effect.
**(b) Current Information.—** The Secretary of Defense shall ensure that congressional defense committees and the congressional intelligence committees are kept fully and currently informed of actions taken pursuant to this subchapter, including any significant anticipated activity to be authorized pursuant to this subchapter.
**(c) Congressional Intelligence Committees Defined.—** In this section, the term “congressional intelligence committees” has the meaning given the term in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 437
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Federal law — U.S. Code and appendices · legal_authorities
Page 465
TITLE 10—ARMED FORCES
§ 437
writing and shall include a specification of the
laws and regulations for which compliance by
the commercial activity concerned is not re-
quired consistent with this section.
(3) The authority of the Secretary under para-
graph (1) may be delegated only to the Deputy
Secretary of Defense, an Under Secretary of De-
fense, an Assistant Secretary of Defense, or a
Secretary of a military department.
(c) FEDERAL LAWS AND REGULATIONS.—For pur-
poses of this section, Federal laws and regula-
tions pertaining to the management and admin-
istration of Federal agencies are only those Fed-
eral laws and regulations pertaining to the fol-
lowing:
(1) The receipt and use of appropriated and
nonappropriated funds.
(2) The acquisition or management of prop-
erty or services.
(3) Information disclosure, retention, and
management.
(4) The employment of personnel.
(5) Payments for travel and housing.
(6) The establishment of legal entities or
government instrumentalities.
(7) Foreign trade or financial transaction re-
strictions that would reveal the commercial
activity as an activity of the United States
Government.
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14,
1991, 105 Stat. 438.)
§ 434. Reservation of defenses and immunities
The submission to judicial proceedings in a
State or other legal jurisdiction, in connection
with a commercial activity undertaken pursu-
ant to this subchapter, shall not constitute a
waiver of the defenses and immunities of the
United States.
(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14,
1991, 105 Stat. 439.)
§ 435. Limitations
(a) LAWFUL ACTIVITIES.—Nothing in this sub-
chapter authorizes the conduct of any intel-
ligence activity that is not otherwise authorized
by law or Exe
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 436
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