Defense Intelligence Commercial Entities Act - Amends Federal armed forces provisions to add a new section relating to intelligence commercial entities. Authorizes the Secretary of Defense to establish and operate commercial entities to provide cover for foreign intelligence collection activities of the Department of Defense (DOD). Prohibits an intelligence commercial entity established under this Act from operating for a period in excess of two years, unless renewed by the Secretary for additional two-year periods. Prohibits the Secretary from establishing an intelligence commercial entity unless: (1) the Attorney General and the Director of Central Intelligence concur; and (2) the Secretary certifies in writing that the operation of such an entity is essential to an authorized foreign intelligence collection activity of DOD.
Provides the Secretary with administrative support and with authority for the use and disposition of funds for such operation.
Requires the establishment, operation, and termination of such a commercial entity to be carried out in accordance with prevailing commercial practices. Specifically limits the activities of such intelligence commercial entities.
Directs the Secretary to issue regulations to implement these provisions. Outlines provisions to be included in such regulations, relating to the oversight, accountability, and coordination of intelligence commercial entities within the executive branch. Directs the Inspector General of DOD, at least annually, to conduct a review and audit of activities taken under this Act, and report on such activities to the Secretary and the Senate and House Intelligence Committees.
Provides that commercial entities established pursuant to this Act are instrumentalities of the United States, and subject only to Federal law. Authorizes such an intelligence commercial entity to engage in conduct which appears to be in compliance with State law, if the Secretary certifies in writing that to do so is necessary for specified reasons relating to the protection of intelligence sources and information.
Authorizes the Secretary to delegate the authorities provided in this Act only to the Deputy Secretary of Defense.
Introduced in House
Introduced in House
Referred to House Committee on Intelligence (Permanent).
Referred to House Committee on Armed Services.
Executive Comment Requested from DOD.
Referred to Subcommittee on Investigations.
Executive Comment Received From DOD.
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