10-U.S.C.-431
§431 – Authority to Engage In Commercial Activities As Security For Intelligence Collection Activities
Pathway
Title 10 > Subtitle A > Part I > Chapter 21 > Subchapter II > Section 431
Details
- Reference: Section 431
- Legend: §431 – Authority to Engage In Commercial Activities As Security For Intelligence Collection Activities
- USCode Year: 2013
Provision Content
(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, 2015.
(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.
(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.)
Amendments
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.
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 Date
Pub. 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).
U.S. Encyclopedia of Law Coverage
10-U.S.C.-431 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-431, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-424 in the Legal Encyclopedia: Military Organization
In this entry about 10-U.S.C.-424, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.
Title 10 – Armed Forces in the Legal Encyclopedia: Department of Defense
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to department of defense in the American Encyclopedia of Law, presenting a comprehensive view of the United States department of defense-specific issues, written by authorities in the field.
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