EconDefense
INT-32 / Intelligence, counterintelligence and security

Create and operate commercial arrangements to protect authorized foreign intelligence collection

Use ordinary commercial transactions, leases/employment contracts, financial accounts, permits and legal entities only as security for authorized DoD intelligence collection abroad.

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At a glance

Possible toolINT-32 · Security & information
Legal basis10 U.S.C. § 431

Authority holder: Secretary of Defense; prescribed delegations and SecDef/Deputy approval for sensitive activities.

Security & information

Mechanism tags describe the source text; they do not expand the authority.

Availability and verification

Existing statutory pathway; conditional on the listed findings, approvals, eligible purpose and actual available funds. Not an obligation-ready certification.

Requirements and limits

Eligibility & prerequisites

  • Underlying collection separately authorized; appropriate legal review.
  • Pre-coordinate with CIA; domestic aspects coordinated with FBI.
  • Specified written waiver only where ordinary administrative compliance risks compromise; annual audit and congressional oversight.

Limits & exclusions

  • Domestic acts only to support foreign intelligence; cannot use cover businesses to supply DoD domestically except needed for security of covered activity.
  • Not authority for otherwise unauthorized intelligence, general commercial profit-seeking or broad economic intervention.
  • Advance notice to U.S. persons in operational/managerial/supervisory positions.
  • FY26 §430e vendor deconfliction/risk capability is an additional governance duty, not an expansion of substantive powers.

Funding conditions

  • Generated funds offset minimum necessary/reasonable secure-operation costs; excess to Treasury.

Read the funding and execution guide

Who contributes what

Need & planning

Resources

  • Appropriate NIP/MIP program/resource owner and agency comptroller
    Office profile

Approval

  • Secretary/Deputy Secretary for sensitive activities
    Office profile
  • Other authorized officials within §433/436 delegation limits

Execution

  • Only Defense elements authorized by implementing regulations; public transaction-level delegations not verified

Partners & review

  • DNI for NIP matters
  • Relevant CCMD J2 and Service intelligence staff
    Office profile
  • FBI/CIA or State only where required by the activity

Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.

Coordination pathway

Authorized mission → intelligence counsel/SASP coordination → CIA/FBI deconfliction → prescribed approval → audited commercial-security arrangement.

Actor and execution-role sources

Legal basis

What this research establishes

Legal powerSource and conditions recorded
EligibilityProject-specific check needed
Available fundsBalances not verified
DelegationValid signature authority must be checked
ExecutionOffice capacity and approvals must be checked

Confidence: High on express statutory capability; execution/delegation and currently available resources require program-specific confirmation.

Currentness: GovInfo 2024 U.S. Code baseline read; relevant FY2026 NDAA (Pub. L. 119-60, enacted 2025-12-18) amendments reviewed. Target 2026-10-02; source-specific OLRC checks and remaining delta are documented in international.md. No certification of current funds or executed delegations. §431 initiation sunset 2028-12-31 confirmed in OLRC indexed text dated2026-09-20; FY26 new §430e direct text read, implementation deadline2026-12-18.

Research target: October 2, 2026. A record-specific last-review date is not supplied. Publication date is not legal-currentness certification.

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