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.

Action briefPDF dossier · original 168Download record
Authority / instrument · INT-32

Intelligence commercial activities

Intelligence, counterintelligence and security

Statute & instrument
Authority holder

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

What this does not authorize / hard limit

Domestic acts only to support foreign intelligence; cannot use cover businesses to supply DoD domestically except needed for security of covered activity.

Recorded executor

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

Continue to actor →

Recorded executing role; this record-specific route is not an additional institutional office.

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedThe record states funding rules and conditions; no program amount is attributed to this action.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProgram-specificRecorded executing role: Only Defense elements authorized by implementing regulations; public transaction-level delegations not verified. Use the responsible program’s process.

Public evidence describes the institution and instrument; it is not approval of an individual transaction.

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 basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedThe record states funding rules and conditions; no program amount is attributed to this action.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProgram-specificRecorded executing role: Only Defense elements authorized by implementing regulations; public transaction-level delegations not verified. Use the responsible program’s process.

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.

Review scope: Original research target October 2, 2026; no record-specific last-review date supplied. Publication is not legal-currentness certification.

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