Title 10, Armed ForcesRelease 119-102

§436 Regulations

Title 10 › Subtitle A — General Military Law › PART I — ORGANIZATION AND GENERAL MILITARY POWERS › CHAPTER 21 — DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS › SUBCHAPTER II — INTELLIGENCE COMMERCIAL ACTIVITIES › § 436

Last updated Aug 21, 2026|Official source

Summary

The Secretary of Defense must make rules to carry out the authority under this subchapter. The rules must include at least six things: which parts of the Department of Defense may run commercial activities; that the Secretary or Deputy Secretary must personally approve sensitive activities; which officials can grant waivers under section 433(b) or approve commercial activities; one office to oversee all activities; required legal review before authorization; and internal audit controls and oversight.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

10 U.S.C. § 436

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102