Title 10 — Armed ForcesRelease 119-73

§435 Limitations

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 21— - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS › Subchapter SUBCHAPTER II— - INTELLIGENCE COMMERCIAL ACTIVITIES › § 435

Last updated Apr 6, 2026|Official source

Summary

Limits how commercial activities tied to intelligence can be done. No activity is allowed if other laws or a presidential order do not already allow it. Work inside the United States is allowed only when it’s needed to support intelligence activities abroad, and it cannot be done in the U.S. to provide goods or services to the Department of Defense except when needed for security. The Secretary of Defense cannot let companies doing these activities put a United States person in an operational, managerial, or supervisory role, or assign them those duties, unless the person is told in advance that the job is for intelligence security. United States person means a U.S. citizen or a lawful permanent resident.

Full Legal Text

Title 10, §435

Armed Forces — Source: USLM XML via OLRC

(a)Nothing in this subchapter authorizes the conduct of any intelligence activity that is not otherwise authorized by law or Executive order.

(b)Personnel conducting 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)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 activities subject to this subchapter.

(d)(1)In carrying out a commercial activity authorized under this subchapter, the Secretary of Defense may not permit an entity engaged in such activity to employ a United States person in an operational, 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 intelligence 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 435

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73