10 U.S.C. § 433 : US Code - Section 433: Relationship with other Federal laws

Search 10 U.S.C. § 433 : US Code - Section 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.