§431. Authority to engage in commercial activities as security for intelligence collection activities

(a) Authority.-The Secretary of Defense, subject to the provisions of this subchapter, may authorize the conduct of those commercial activities necessary to provide security for authorized intelligence collection activities abroad undertaken by the Department of Defense. No commercial activity may be initiated pursuant to this subchapter after December 31, 2010.

(b) Interagency Coordination and Support.-Any such activity shall-

(1) be coordinated with, and (where appropriate) be supported by, the Director of Central Intelligence; and

(2) to the extent the activity takes place within the United States, be coordinated with, and (where appropriate) be supported by, the Director of the Federal Bureau of Investigation.

(c) Definitions.-In this subchapter:

(1) The term "commercial activities" means activities that are conducted in a manner consistent with prevailing commercial practices and includes-

(A) the acquisition, use, sale, storage and disposal of goods and services;

(B) entering into employment contracts and leases and other agreements for real and personal property;

(C) depositing funds into and withdrawing funds from domestic and foreign commercial business or financial institutions;

(D) acquiring licenses, registrations, permits, and insurance; and

(E) establishing corporations, partnerships, and other legal entities.

(2) The term "intelligence collection activities" means the collection of foreign intelligence and counterintelligence information.

(Added Pub. L. 102–88, title V, §504(a)(2), Aug. 14, 1991, 105 Stat. 437 ; amended Pub. L. 104–93, title V, §503, Jan. 6, 1996, 109 Stat. 973 ; Pub. L. 105–272, title V, §501, Oct. 20, 1998, 112 Stat. 2404 ; Pub. L. 106–398, §1 [[div. A], title X, §1077], Oct. 30, 2000, 114 Stat. 1654 , 1654A-282; Pub. L. 107–314, div. A, title X, §1053, Dec. 2, 2002, 116 Stat. 2649 ; Pub. L. 108–375, div. A, title IX, §921, Oct. 28, 2004, 118 Stat. 2029 ; Pub. L. 109–364, div. A, title IX, §931, Oct. 17, 2006, 120 Stat. 2362 .)

Amendments

2006-Subsec. (a). Pub. L. 109–364 substituted "2010" for "2006".

2004-Subsec. (a). Pub. L. 108–375 substituted "2006" for "2004".

2002-Subsec. (a). Pub. L. 107–314 substituted "2004" for "2002".

2000-Subsec. (a). Pub. L. 106–398 substituted "2002" for "2000".

1998-Subsec. (a). Pub. L. 105–272 substituted "2000" for "1998".

1996-Subsec. (a). Pub. L. 104–93 substituted "1998" for "1995".

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 401 of Title 50, War and National Defense.

Effective Date

Section 504(b) of Pub. L. 102–88 provided that: "The Secretary of Defense may not authorize any activity under section 431 of title 10, United States Code, as added by subsection (a), until the later of-

"(1) the end of the 90-day period beginning on the date of the enactment of this Act [Aug. 14, 1991]; or

"(2) the effective date of regulations first prescribed under section 436 of such title, as added by subsection (a)."