§ 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, 2028.

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

(A)be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director; and

(B)where appropriate, be supported by the Director; 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; 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; Pub. L. 118–31, div. A, title XVIII, § 1802, Dec. 22, 2023, 137 Stat. 685;

Pub. L. 118–159, div. A, title XVI, § 1611, Dec. 23, 2024, 138 Stat. 2166.)

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