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10 U.S.C. § 436Regulations

submitted 35 years ago by Pub. L. 102-88 to r/title-10-ARMED-FORCES · 169 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense must write rules for these commercial activities. The rules must say who can run them and require top approval for risky ones. They must also add legal review and audit oversight for each activity.

The Secretary of Defense must write regulations that put into action the authority given in this subchapter (the rules about commercial activities discussed in the sections around this one). These regulations must match, not conflict with, the rest of the subchapter. At a minimum, the regulations must do six things: (1) Name every part of the Department of Defense that is allowed to engage in commercial activities under this subchapter. (2) Require that the Secretary of Defense or the Deputy Secretary of Defense personally approve any "sensitive activities" allowed under this subchapter — lower officials cannot approve these themselves. (3) Name the officials who are allowed to waive other laws or regulations under section 433(b), or to approve setting up or running a commercial activity under this subchapter. (4) Pick one single office inside the Department of Defense to oversee all activities allowed under this subchapter. (5) Require that every proposed commercial activity go through proper legal review before it is allowed to start. (6) Set up appropriate internal audit controls and oversight for these activities.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439; amended Pub. L. 113–66, div. A, title IX, § 921(b), Dec. 26, 2013, 127 Stat. 827.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-88 · 105 Stat. 439
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 827

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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