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Title 10 — Armed ForcesRelease 119-73

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

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 21— - DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS › Subchapter SUBCHAPTER II— - INTELLIGENCE COMMERCIAL ACTIVITIES › § 431

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can allow commercial actions needed to protect approved Defense intelligence work overseas. No new commercial activity under these rules can start after December 31, 2028. These actions must be planned with the CIA using procedures both sides agree on, and the CIA should support them when appropriate. If the action happens inside the United States, it must be coordinated with and, when appropriate, supported by the FBI. Commercial activities: normal business actions like buying and selling goods and services, hiring people, leasing property, banking transactions, getting permits or licenses, and forming companies. Intelligence collection activities: gathering foreign intelligence and counterintelligence information.

Full Legal Text

Title 10, §431

Armed Forces — Source: USLM XML via OLRC

(a)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)Any such activity shall—
(1)(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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159, § 1611(1), substituted “
December 31, 2028” for “
December 31, 2024”. Subsec. (b)(1). Pub. L. 118–159, § 1611(2), added par. (1) and struck out former par. (1) which read as follows: “be coordinated with, and (where appropriate) be supported by, the Director of the Central Intelligence Agency; and”. 2023—Subsec. (a). Pub. L. 118–31 substituted “
December 31, 2024” for “
December 31, 2023”. 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 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).”

Reference

Citations & Metadata

Citation

10 U.S.C. § 431

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73