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10 U.S.C. § 436 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 436 — Regulations

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Stable record: federal_law:legal_authorities:usc2024-9222f1dfc60a0e0db00bd7ad
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-436-regulations--8e4cf5d628.md
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Source location: USCODE-2024-title10-subtitleA-partI-chap21-subchapII-sec436.pdf

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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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 436 — Regulations

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

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(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

50 U.S.C. § 3003 — Definitions

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

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3003. This identifies an authority to review, not proof of applicability.