US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 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 .
(b)

Interagency Coordination and Support .—

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)

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.

Pub. L. 102–88, title V, § 504(a)(2)105 Stat. 437 Pub. L. 104–93, title V, § 503109 Stat. 973 Pub. L. 105–272, title V, § 501112 Stat. 2404 Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 Pub. L. 107–314, div. A, title X, § 1053116 Stat. 2649 Pub. L. 108–375, div. A, title IX, § 921118 Stat. 2029 Pub. L. 109–364, div. A, title IX, § 931120 Stat. 2362 Pub. L. 110–181, div. A, title IX, § 931(b)(1)122 Stat. 285 Pub. L. 110–417122 Stat. 4576 Pub. L. 111–84, div. A, title X, § 1073(c)(10)123 Stat. 2475 Pub. L. 111–383, div. A, title IX, § 921124 Stat. 4330 Pub. L. 113–291, div. A, title XVI, § 1623128 Stat. 3632 Pub. L. 115–91, div. A, title XVI, § 1622131 Stat. 1732 Pub. L. 118–31, div. A, title XVIII, § 1802137 Stat. 685 Pub. L. 118–159, div. A, title XVI, § 1611138 Stat. 2166 (Added , , ; amended , , ; , , ; , title X, § 1077], , , 1654A–282; , , ; , , ; , , ; , , ; , [div. A], title IX, § 932(a)(7), , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–159, § 1611(1)2024—Subsec. (a). , substituted “” for “”.

Pub. L. 118–159, § 1611(2)Subsec. (b)(1). , 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”.

Pub. L. 118–312023—Subsec. (a). substituted “” for “”.

Pub. L. 115–912017—Subsec. (a). substituted “” for “”.

Pub. L. 113–2912014—Subsec. (a). substituted “” for “”.

Pub. L. 111–3832011—Subsec. (a). substituted “” for “”.

Pub. L. 111–84Pub. L. 110–417, § 932(a)(7)2009—Subsec. (b)(1). repealed . See 2008 Amendment note below.

Pub. L. 110–417, § 932(a)(7)Pub. L. 111–842008—Subsec. (b)(1). , which directed the amendment of subsec. (b)(1) by substituting “Director of National Intelligence” for “Director of Central Intelligence”, was repealed by .

Pub. L. 110–181 substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”.

Pub. L. 109–3642006—Subsec. (a). substituted “2010” for “2006”.

Pub. L. 108–3752004—Subsec. (a). substituted “2006” for “2004”.

Pub. L. 107–3142002—Subsec. (a). substituted “2004” for “2002”.

Pub. L. 106–3982000—Subsec. (a). substituted “2002” for “2000”.

Pub. L. 105–2721998—Subsec. (a). substituted “2000” for “1998”.

Pub. L. 104–931996—Subsec. (a). substituted “1998” for “1995”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, § 1073(c)123 Stat. 2474 Pub. L. 110–417, , , provided that the amendment made by section 1073(c)(10) is effective as of , and as if included in as enacted.

Effective Date

Pub. L. 102–88, title V, § 504(b)105 Stat. 440

section 431 of title 10“The Secretary of Defense may not authorize any activity under , 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 []; or
“(2)
the effective date of regulations first prescribed under section 436 of such title, as added by subsection (a).”
, , , provided that: