
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC431]

 
                         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
        
    (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, 2002.
    (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, Sec. 504(a)(2), Aug. 14, 1991, 105 Stat. 
437; amended Pub. L. 104-93, title V, Sec. 503, Jan. 6, 1996, 109 Stat. 
973; Pub. L. 105-272, title V, Sec. 501, Oct. 20, 1998, 112 Stat. 2404; 
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1077], Oct. 30, 2000, 
114 Stat. 1654, 1654A-282.)


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398 substituted ``December 31, 2002'' 
for ``December 31, 2000''.
    1998--Subsec. (a). Pub. L. 105-272 substituted ``2000'' for 
``1998''.
    1996--Subsec. (a). Pub. L. 104-93 substituted ``1998'' for ``1995''.


                             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).''

                  Section Referred to in Other Sections

    This section is referred to in section 433 of this title.
