§436 — Title 10 Armed Forces | U.S. Code

§436 Regulations

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 › § 436

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must create rules to carry out the authority in this part. The rules must say which parts of the Department may run commercial activities; require the Secretary or Deputy Secretary to personally approve sensitive activities; name who can grant waivers or approve those activities; assign one office to oversee them; require legal review before approval; and set up internal audits and oversight.

Title 10, §436

Armed Forces — Source: USLM XML via OLRC

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, 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.

Editorial Notes

Amendments

2013—Par. (4). Pub. L. 113–66 substituted “Department of Defense” for “Defense Intelligence Agency” and “oversight” for “management and supervision”.

§436 Regulations

Summary

Title 10, §436

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata