---
kind: "section"
citation: "10 U.S.C. § 436"
title: "10"
title_heading: "Armed Forces"
number: "436"
heading: "Regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/436"
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"
---

# §436. Regulations


The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-6) of Defense who are authorized to engage in commercial activities pursuant to this subchapter;
- (2) require the personal approval of the [Secretary](/usc/10/4951.md?p=3) or Deputy [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/433.md?p=b), or to approve the establishment or conduct of commercial activities pursuant to this subchapter;
- (4) designate a single office within the [Department](/usc/10/101.md?p=a-6) 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.)

## Notes

### Editorial Notes

### Amendments

2013—Par. (4). Pub. L. 113–66 substituted “Department of Defense” for “Defense Intelligence Agency” and “oversight” for “management and supervision”.