Title 10 — Armed ForcesRelease 119-73not60

§435 Limitations

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 › § 435

Last updated Apr 3, 2026|Official source

Summary

No intelligence activity is allowed unless other laws or an Executive order permit it. Commercial activity in the United States is allowed only to support intelligence abroad and may not provide goods or services to the Department of Defense, except for security. The Secretary of Defense may not let a U.S. person serve in operational, managerial, or supervisory roles for such entities unless told beforehand. U.S. person = U.S. citizen or 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 3, 2026

Release point: 119-73not60