2021 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part I - Organization and General Military Powers
Chapter 21 - Department of Defense Intelligence Matters
Subchapter II - Intelligence Commercial Activities
Sec. 431 - Authority to engage in commercial activities as security for intelligence collection activities
| 10 U.S.C. § 431 (2021) |
| §431. Authority to engage in commercial activities as security for intelligence collection activities |
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(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, 2023. (b) Interagency Coordination and Support.—Any such activity shall— (1) be coordinated with, and (where appropriate) be supported by, the Director of the Central Intelligence Agency; 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. |
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(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; Pub. L. 110–181, div. A, title IX, §931(b)(1), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, §932(a)(7), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, §1073(c)(10), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 111–383, div. A, title IX, §921, Jan. 7, 2011, 124 Stat. 4330; Pub. L. 113–291, div. A, title XVI, §1623, Dec. 19, 2014, 128 Stat. 3632; Pub. L. 115–91, div. A, title XVI, §1622, Dec. 12, 2017, 131 Stat. 1732.) |
| EDITORIAL NOTES
AMENDMENTS
2017—Subsec. (a). Pub. L. 115–91 substituted "December 31, 2023" for "December 31, 2017". 2014—Subsec. (a). Pub. L. 113–291 substituted "December 31, 2017" for "December 31, 2015". 2011—Subsec. (a). Pub. L. 111–383 substituted "December 31, 2015" for "December 31, 2010". 2009—Subsec. (b)(1). Pub. L. 111–84 repealed Pub. L. 110–417, §932(a)(7). See 2008 Amendment note below. 2008—Subsec. (b)(1). Pub. L. 110–417, §932(a)(7), which directed the amendment of subsec. (b)(1) by substituting "Director of National Intelligence" for "Director of Central Intelligence", was repealed by Pub. L. 111–84. Pub. L. 110–181 substituted "Director of the Central Intelligence Agency" for "Director of Central Intelligence". 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". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, §1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. EFFECTIVE DATEPub. L. 102–88, title V, §504(b), Aug. 14, 1991, 105 Stat. 440, 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)." |
| United States Code, 2018 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART I - ORGANIZATION AND GENERAL MILITARY POWERS CHAPTER 21 - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS SUBCHAPTER II - INTELLIGENCE COMMERCIAL ACTIVITIES Sec. 431 - Authority to engage in commercial activities as security for intelligence collection activities |
| section 431 |
| 2021 |
| January 3, 2022 |
| Yes |
| standard |
| 105 Stat. 437, 440 109 Stat. 973 112 Stat. 2404 114 Stat. 1654 116 Stat. 2649 118 Stat. 2029 120 Stat. 2362 122 Stat. 285, 4576 123 Stat. 2475, 2474 124 Stat. 4330 128 Stat. 3632 131 Stat. 1732 |
| Public Law 102-88, Public Law 104-93, Public Law 105-272, Public Law 106-398, Public Law 107-314, Public Law 108-375, Public Law 109-364, Public Law 110-181, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 113-291, Public Law 115-91 |
