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10 U.S.C. § 437 — Congressional oversight
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)).
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Source file: Laws/federal/codes/united-states-code/title-10/section-437-congressional-oversight--8403b540d9.md
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Source location: Title 10, Chapter 21, § 437; chapter-021-department-of-defense-intelligence-matters.md
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**(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)).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 411, comprising section 307 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3074 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3074&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 413
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 436
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 442b, comprising section 1103 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3233&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 401a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 415a–10, comprising section 506H of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3104&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 415b
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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. § 437
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3003
Stat. 495, known as the National Security Act of 1947,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 401 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1958—Pub. L. 85–599 amended section generally, and,
among other changes, provided that each military de-
partment shall be separately organized, instead of sepa-
rately administered, under its own Secretary and shall
function under the direction, authority, and control of
the Secretary of Defense, and inserted provisions relat-
ing to establishment of unified or specified combatant
commands and for elimination of unnecessary duplica-
tion.
1949—Act Aug. 10, 1949, provided that the military de-
partments shall be separately administered but be
under the direction of the Secretary of Defense, and
that there shall not be a single Chief of Staff over the
armed forces nor an armed forces general staff.
§ 3003. Definitions
As used in this chapter:
(1) The term ‘‘intelligence’’ includes foreign
intelligence and counterintelligence.
(2) The term ‘‘foreign intelligence’’ means
information relating to the capabilities, inten-
tions, or activities of foreign governments or
elements thereof, foreign organizations, or for-
eign persons, or international terrorist activi-
ties.
(3) The term ‘‘counterintelligence’’ means
information gathered, and activities con-
ducted, to protect against espionage, other in-
telligence activities, sabotage, or assassina-
tions conducted by or on behalf of foreign gov-
ernments or elements thereof, foreign organi-
zations, or foreign persons, or international
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003
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