Page:United States Statutes at Large Volume 105 Part 1.djvu/465

This page needs to be proofread.


PUBLIC LAW 102-88 —AUG. 14, 1991 105 STAT. 437 SEC. 504. USE OF COMMERCIAL ACTIVITIES AS COVER SUPPORT TO INTELLIGENCE COLLECTION ACTIVITIES OF THE DEPART- MENT OF DEFENSE. (a) IN GENERAL. —Chapter 21 of title 10, United States Code, is amended— (1) by inserting after the chapter heading the following: "Subchapter Sec. "I. General Matters 421 "II. Intelligence Commercial Activities 431 "SUBCHAPTER I—GENERAL MATTERS"; and (2) by adding at the end the following: " SUBCHAPTER II—INTELLIGENCE COMMERCIAL ACTIVITIES "431. Authority to engage in commercial activities as security for intelligence collection activities. "432. Use, disposition, and auditing of funds. "433. Relationship with other Federal laws. "434. Reservation of defenses and immunities. "435. Limitations. "436. Regulations. "437. Congressional oversight. "§ 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, 1995. "(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.