Title 10 — Armed ForcesRelease 119-73not60

§433 Relationship with Other Federal Laws

Title 10 › Subtitle Subtitle A— General Military Law › Part I— ORGANIZATION AND GENERAL MILITARY POWERS › Chapter 21— DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS › Subchapter II— INTELLIGENCE COMMERCIAL ACTIVITIES › § 433

Last updated Apr 3, 2026|Official source

Summary

Commercial activities done under this part must follow federal laws. But if the Secretary of Defense finds that following certain agency-management laws would create an unacceptable risk of harming or exposing an authorized intelligence activity connected to a commercial action under section 431, the Secretary may waive those laws as far as needed to prevent that harm. Any such decision and waiver must be written and must list which laws or rules are waived. The Secretary can only give this power to the Deputy Secretary of Defense, an Under Secretary of Defense, an Assistant Secretary of Defense, or a Secretary of a military department. The kinds of laws that can be waived cover seven areas: use of funds, buying or managing property or services, handling information, hiring and personnel, travel and housing payments, creating legal entities or government bodies, and foreign trade or financial rules that would reveal the activity is done by the U.S. Government.

Full Legal Text

Title 10, §433

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided by subsection (b), a commercial activity conducted pursuant to this subchapter shall be carried out in accordance with applicable Federal law.

(b)(1)If the Secretary of Defense determines, in connection with a commercial activity authorized pursuant to section 431 of this title, that compliance with certain Federal laws or regulations pertaining to the management and administration of Federal agencies would create an unacceptable risk of compromise of an authorized intelligence activity, the Secretary may, to the extent necessary to prevent such compromise, waive compliance with such laws or regulations.

(2)Any determination and waiver by the Secretary under paragraph (1) shall be made in writing and shall include a specification of the laws and regulations for which compliance by the commercial activity concerned is not required consistent with this section.

(3)The authority of the Secretary under paragraph (1) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, an Assistant Secretary of Defense, or a Secretary of a military department.

(c)For purposes of this section, Federal laws and regulations pertaining to the management and administration of Federal agencies are only those Federal laws and regulations pertaining to the following:

(1)The receipt and use of appropriated and nonappropriated funds.

(2)The acquisition or management of property 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 restrictions that would reveal the commercial activity as an activity of the United States Government.

Reference

Citations & Metadata

Citation

10 U.S.C. § 433

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60