---
kind: "section"
citation: "10 U.S.C. § 433"
title: "10"
title_heading: "Armed Forces"
number: "433"
heading: "Relationship with other Federal laws"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/433"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 21 — Department of Defense Intelligence Matters"
  - "Subchapter II — Intelligence Commercial Activities"
---

# §433. Relationship with other Federal laws

- (a) **In General.—** Except as provided by [subsection (b)](#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](/usc/10/4951.md?p=3) of Defense determines, in connection with a commercial activity authorized pursuant to [section 431 of this title](/usc/10/431.md), that compliance with certain Federal laws or regulations pertaining to the management and administration of Federal [agencies](/usc/10/3451.md?p=3) would create an unacceptable risk of compromise of an authorized intelligence activity, the [Secretary](/usc/10/4951.md?p=3) may, to the extent necessary to prevent such compromise, waive compliance with such laws or regulations.
  - (2) Any determination and waiver by the [Secretary](/usc/10/4951.md?p=3) under [paragraph (1)](#b-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](/usc/10/4951.md?p=3) under [paragraph (1)](#b-1) may be delegated only to the Deputy [Secretary](/usc/10/4951.md?p=3) of Defense, an Under [Secretary](/usc/10/4951.md?p=3) of Defense, an Assistant [Secretary](/usc/10/4951.md?p=3) of Defense, or a [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6).
- (c) **Federal Laws and Regulations.—** For purposes of this section, Federal laws and regulations pertaining to the management and administration of Federal [agencies](/usc/10/3451.md?p=3) 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](/usc/10/101.md?p=a-1) Government.

## Source credit

(Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 438.)