
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC433]

 
                         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

    (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, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 
438.)

                  Section Referred to in Other Sections

    This section is referred to in sections 436, 437 of this title.
