10 U.S.C. § 437 — Congressional oversight

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 Executive order. (b) DOMESTIC ACTIVITIES.—Personnel con- ducting commercial activity authorized by this subchapter may only engage in those activities in the United States to the extent necessary to support intelligence activities abroad. (c) PROVIDING GOODS AND SERVICES TO THE DE- PARTMENT OF DEFENSE.—Commercial activity may not be undertaken within the United States for the purpose of providing goods and services to the Department of Defense, other than as may be necessary to provide security for the ac- tivities subject to this subchapter. (d) NOTICE TO UNITED STATES PERSONS.—(1) In carrying out a commercial activity authorized under this subchapter, the Secretary of Defense may not permit an entity engaged in such activ- ity to employ a United States person in an oper- ational, managerial, or supervisory position, and may not assign or detail a United States person to perform operational, managerial, or supervisory duties for such an entity, unless that person is informed in advance of the intel- ligence security purpose of that activity. (2) In this subsection, the term ‘‘United States person’’ means an individual who is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence. (Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439.) § 436. Regulations The Secretary of Defense shall prescribe regu- lations to implement the authority provided in this subchapter. Such regulations shall be con- sistent with this subchapter and shall at a min- imum— (1) specify all elements of the Department of Defense who are authorized to engage in com- mercial activities pursuant to this subchapter; (2) require the personal approval of the Sec- retary 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, or to approve the establishment or conduct of commercial ac- tivities pursuant to this subchapter; (4) designate a single office within the De- partment 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 sub- chapter be subject to appropriate legal review before the activity is authorized; and (6) provide for appropriate internal audit controls and oversight for such activities. (Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439; amended Pub. L. 113–66, div. A, title IX, § 921(b), Dec. 26, 2013, 127 Stat. 827.) Editorial Notes AMENDMENTS 2013—Par. (4). Pub. L. 113–66 substituted ‘‘Department of Defense’’ for ‘‘Defense Intelligence Agency’’ and ‘‘oversight’’ for ‘‘management and supervision’’. § 437. Congressional oversight (a) PROPOSED REGULATIONS.—Copies of regula- tions proposed to be prescribed under section 436 of this title (including any proposed revision to such regulations) shall be submitted to congres- sional 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 in- formed of actions taken pursuant to this sub- chapter, including any significant anticipated activity to be authorized pursuant to this sub- chapter. (c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In this section, the term ‘‘congres- sional intelligence committees’’ has the mean- ing given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 440; amended Pub. L. 107–306, title Page 466 TITLE 10—ARMED FORCES § 441 VIII, § 811(b)(4)(A), Nov. 27, 2002, 116 Stat. 2423; Pub. L. 108–136, div. A, title X, § 1031(a)(7), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 108–375, div. A, title X, § 1084(d)(3), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 112–81, div. A, title X, § 1061(5), Dec. 31, 2011, 125 Stat. 1583; Pub. L. 113–66, div. A, title IX, § 921(c), Dec. 26, 2013, 127 Stat. 827.) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 113–66, § 921(c)(1), sub- stituted ‘‘congressional defense committees and the congressional intelligence committees’’ for ‘‘the intel- ligence committees’’. Subsec. (b). Pub. L. 113–66, § 921(c)(2), substituted ‘‘The Secretary’’ for ‘‘Consistent with title V of the Na- tional Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary’’ and ‘‘congressional defense committees and the congressional intelligence committees’’ for ‘‘the in- telligence committees’’. Subsec. (c). Pub. L. 113–66, § 921(c)(3), added subsec. (c). 2011—Subsec. (c). Pub. L. 112–81 struck out subsec. (c) which related to submission of an annual report on cer- tain authorized commercial activities. 2004—Subsec. (c). Pub. L. 108–375 inserted ‘‘(50 U.S.C. 415b)’’ after ‘‘National Security Act of 1947’’. 2003—Subsec. (b). Pub. L. 108–136, § 1031(a)(7)(A), struck out at end ‘‘The Secretary shall promptly notify the appropriate committees of Congress whenever a corporation, partnership, or other legal entity is estab- lished pursuant to this subchapter.’’ Subsec. (c). Pub. L. 108–136, § 1031(a)(7)(B), substituted ‘‘report) the following:’’ for ‘‘report)—’’ in introductory provisions, ‘‘A’’ for ‘‘a’’ in pars. (1) to (3), a period for the semicolon at end of par. (1) and for ‘‘; and’’ at end of par. (2), and added par. (4). 2002—Subsec. (c). Pub. L. 107–306, § 811(b)(4)(A)(i), in introductory provisions, substituted ‘‘Not later each year than the date provided in section 507 of the Na- tional Security Act of 1947, the Secretary shall submit to the congressional intelligence committees (as de- fined in section 3 of that Act (50 U.S.C. 401a))’’ for ‘‘Not later than January 15 of each year, the Secretary shall submit to the appropriate committees of Congress’’. Subsec. (d). Pub. L. 107–306, § 811(b)(4)(A)(ii), struck out heading and text of subsec. (d). Text read as fol- lows: ‘‘In this section, the term ‘intelligence commit- tees’ means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on In- telligence of the House of Representatives.’’ CHAPTER 22—NATIONAL GEOSPATIAL- INTELLIGENCE AGENCY Subchapter Sec. I. Missions and Authority ......................... 441 II. Maps, Charts, and Geomatics Products 451 III. Personnel Management ......................... 461 IV. Definitions ............................................. 467 Editorial Notes PRIOR PROVISIONS A prior chapter 22 was renumbered chapter 23 of this title. AMENDMENTS 2021—Pub. L. 116–283, div. A, title XVI, § 1621(g)(2), Jan. 1, 2021, 134 Stat. 4054, substituted ‘‘Geomatics’’ for ‘‘Geodetic’’ in item for subchapter II. 2003—Pub. L. 108–136, div. A, title IX, § 921(d)(1), Nov. 24, 2003, 117 Stat. 1568, substituted ‘‘NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY’’ FOR ‘‘NA- TIONAL IMAGERY AND MAPPING AGENCY’’ in chap- ter heading. SUBCHAPTER I—MISSIONS AND AUTHORITY Sec. 441. Establishment. 442. Missions. 443. Imagery intelligence and geospatial informa- tion: support for foreign countries, regional organizations, and security alliances. 444. Support from Central Intelligence Agency. [445. Repealed.] Editorial Notes AMENDMENTS 2013—Pub. L. 112–239, div. A, title IX, § 921(b)(2), Jan. 2, 2013, 126 Stat. 1878, added item 443 and struck out former item 443 ‘‘Imagery intelligence and geospatial information: support for foreign countries’’. 1997—Pub. L. 105–107, title V, § 503(d)(3), Nov. 20, 1997, 111 Stat. 2263, struck out item 445 ‘‘Protection of agen- cy identifications and organizational information’’. § 441. Establishment (a) ESTABLISHMENT.—The National Geospatial- Intelligence Agency is a combat support agency of the Department of Defense and has signifi- cant national missions. (b) DIRECTOR.—(1) The Director of the National Geospatial-Intelligence Agency is the head of the agency. (2) Upon a vacancy in the position of Director, the Secretary of Defense shall recommend to the President an individual for appointment to the position. (3) If an officer of the armed forces on active duty is appointed to the position of Director, the position shall be treated as having been des- ignated by the President as a position of impor- tance and responsibility for purposes of section 601 of this title and shall carry the grade of lieu- tenant general, or, in the case of an officer of the Navy, vice admiral. (c) DIRECTOR OF NATIONAL INTELLIGENCE COL- LECTION TASKING AUTHORITY.—Unless otherwise directed by the President, the Director of Na- tional Intelligence shall have authority (except as otherwise agreed by the Director and the Sec- retary of Defense) to— (1) approve collection requirements levied on national imagery collection assets; (2) determine priorities for such require- ments; and (3) resolve conflicts in such priorities. (d) AVAILABILITY AND CONTINUED IMPROVEMENT OF IMAGERY INTELLIGENCE SUPPORT TO ALL- SOURCE ANALYSIS AND PRODUCTION FUNCTION.— The Secretary of Defense, in consultation with the Director of National Intelligence, shall take all necessary steps to ensure the full avail- ability and continued improvement of imagery intelligence support for all-source analysis and production. (Added Pub. L. 104–201, div. A, title XI, § 1112(a)(2), Sept. 23, 1996, 110 Stat. 2678; amended Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 110–181, div. A, title IX, § 931(a)(9), (10), (c)(1)(A), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, § 932(a)(8), (9), (b)(1), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475.)