10 U.S.C. § 435 — Limitations
submitted 35 years ago by Pub. L. 102-88 to r/title-10-ARMED-FORCES · 218 words · no verdicts yet
This law limits what the commercial activities in this subchapter can do. They can't run illegal intelligence operations or ones the President hasn't approved. They mostly can't operate inside the United States, except to support work done abroad. Anyone put in charge of these activities must be told in advance it's an intelligence operation.
(a) Lawful Activities. Nothing in this subchapter allows any intelligence activity that isn't already authorized by some other law or by Executive order.
(b) Domestic Activities. People carrying out commercial activity under this subchapter may only work inside the United States to the extent it's necessary to support intelligence activities happening abroad.
(c) Providing Goods and Services to the Department of Defense. This commercial activity generally cannot be used, within the United States, to supply goods and services to the Department of Defense. The only exception is when that's necessary to provide security for the activities this subchapter covers.
(d) Notice to United States Persons. (1) When running a commercial activity under this subchapter, the Secretary of Defense cannot let the entity running it hire a "United States person" for an operational, managerial, or supervisory role, and cannot assign or detail a United States person to do that kind of work - unless that person is told in advance that the activity actually serves an intelligence security purpose. (2) In this subsection, a "United States person" means someone who is either a U.S. citizen or a lawfully admitted permanent resident alien.
Nothing in this subchapter authorizes the conduct of any intelligence activity that is not otherwise authorized by law or Executive order.
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.
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.
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.
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.
Source credit: (Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439.)
- 1991Enacted · Pub. L. 102-88 · 105 Stat. 439
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-88 on 1991-08-14.
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