2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part I - Organization and General Military Powers (Sections 101 - 498)
Chapter 21 - Department of Defense Intelligence Matters (Sections 421 - 437)
Subchapter II - Intelligence Commercial Activities (Sections 431 - 437)
Sec. 433 - Relationship with other Federal laws
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES Sec. 433 - Relationship with other Federal laws |
| Contains | section 433 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 102-88, title V, §504(a)(2), Aug. 14, 1991, 105 Stat. 438. |
| Statutes at Large Reference | 105 Stat. 438 |
| Public and Private Law | Public Law 102-88 |
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(a) In General.—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) Authorization of Waivers When Necessary to Maintain Security.—(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) Federal Laws and Regulations.—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.
(Added Pub. L. 102–88, title V, §504(a)(2), Aug. 14, 1991, 105 Stat. 438.)
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