DoD Authorities Atlas

Executive synthesis and evidence standard

Executive judgment

DoD has a broad, distributed economic and business toolkit. The evidence supports starting with an existing-authority execution package for many national-security technology and industrial objectives. It does not support the proposition that DoD may do whatever it considers necessary.

The useful planning unit is a capability plus its legal predicates, responsible actors, eligible funding and execution instrument. A statute, a strategy, a budget request, an appropriated dollar and an individual delegation are different things. This inventory keeps them separate.

This integrated research package contains 168 capability records in 14 navigational families, 29 enterprise and I&S actor nodes, 12 legal-boundary analyses, 12 strategy-to-authority matches and 6 cross-enterprise coordination patterns. It is an enumerated public-source inventory, not a certification that every applicable law has been captured.

What the toolkit actually spans

Research and prototype; award grants and prizes; purchase, license and share technology; obtain technical data and patent rights; form research partnerships; buy goods and services; finance contract performance; allocate performance risks; hire and support specialized talent.

Provide eligible loans and guarantees; make specified investments, including narrowly authorized equity and intermediated investment; subsidize or incentivize capacity; make purchase commitments; construct and equip industrial facilities; hold, process, lend or exchange strategic materials.

Acquire, lease, exchange or dispose of property; construct and repair facilities; partner for housing, utilities and energy; operate revolving industrial funds; share depot capabilities; assist eligible communities; execute international research, procurement, logistics, assistance and financing mechanisms.

Use scoped intelligence and counterintelligence financial mechanisms; protect industrial security; exchange geospatial and cryptologic research resources; receive specified contributions and reimbursements; coordinate through lawful interagency and intra-DoD arrangements.

The authority-to-execution test

A practical package should answer all six questions below. A missing answer is not automatically a missing legal authority.

• What precise act is required, for what defense purpose, with which eligible recipient or asset?
• Which enacted provision or judicial holding permits it, and what conditions, exclusions and dates apply?
• Who defines the need; who owns or can lawfully pair resources; who approves; who executes?
• What account, funds vintage, period of availability, credit subsidy or transfer mechanism supports the act?
• Which findings, competition procedures, agreement terms, notices, waivers, delegations and partner decisions are required?
• What is still missing: legal power, available resources, delegated signature authority, implementation, partner consent, capacity or a policy choice?

Recent-law findings that change the map

FY2026 NDAA §867 adds consequential Industrial Base Fund mechanisms, including incentives, third-party investment, purchase commitments and industrial facilities. Its funding-vintage restriction is a gating requirement: money made available before enactment cannot carry out activities under new §4817(g)–(j). These provisions should not be analyzed using an older Code snapshot alone.

FY2026 also adds construction other transactions (§2808a), COCOM experimentation (§873), a contractor financing-cost pilot (§803), consumption-based acquisition and updated organizational responsibilities. Some are authorities to establish or operate a mechanism; their presence in law does not prove the pilot or delegation is operational.

P.L. 119-83 reauthorizes SBIR/STTR through September 30, 2031. P.L. 119-103 extends the relevant DPA termination date to December 11, 2026, while the FY2027 continuing resolution imposes important funding-specific new-start and production restrictions. New OT reporting requirements in P.L. 119-106 have phased implementation deadlines.

DoD-only power versus lawful partner dependence

A requirement can be feasible for the U.S. Government without being independently executable by DoD. Civilian enforcement, investment screening, economy-wide economic restrictions, export controls and foreign assistance may require other departments. The map identifies the dependency instead of mislabeling it as a government-wide gap.

10 U.S.C. §385 is a particularly useful, but narrow, bridge: it supports certain interagency foreign-assistance activities necessary for DoD security-cooperation objectives that DoD cannot itself perform. It is not a general authority to buy another agency’s powers.

USD(I&S) is treated in depth through its statutory responsibilities and mechanism-specific links to defense intelligence, counterintelligence, industrial security, financial-intelligence support and research/information partnerships. Sensitive labels do not establish unrestricted commercial, collection or law-enforcement powers.

A documented resource and implementation gap—not a missing power

GAO’s April 2026 industrial-security review found DCSA conducted fewer than 40 percent of required contractor-facility inspections and identified workforce, regional risk-analysis and IT-development gaps. Its recommendation page reports August 2026 corrective plans, with recommendations still open at review.

This is evidence that an existing mission is not fully delivered despite existing authorities. It does not establish a current unobligated balance, a costed funding shortfall or a need for new statutory power. The appropriate coordination chain includes USD(I&S), DCSA, affected military departments, resource owners and system users.

How to read the two negative categories

Category A states supported legal boundaries with their exceptions. It does not claim that an objective is impossible simply because one preferred instrument is unavailable.

Category B starts with documented public strategic demand and tests existing routes. It labels existing pathways, partner dependence, fiscal flexibility limits and candidate residual gaps separately. This research does not establish a broad absence of powers to finance, buy or accelerate defense technology.

The contractor financial-behavior question and instrument-specific investment questions are residual legal-validation issues, not declared settled gaps. A generalized power to reshuffle appropriations or regulate private firms must not be inferred from a desired national-security outcome.

“Won’t do” requires evidence of a policy decision; “cannot fund now” requires account-level resource information. Public authorizations and appropriations do not establish current unobligated balances, denied internal requests or leadership willingness. Those statuses are not guessed.

Source hierarchy and evidence discipline

The positive legal inventory rests on express enacted provisions. Three judicial holdings inform narrow boundaries: Youngstown (industrial seizure), OPM v. Richmond (statutorily unauthorized payments), and National Cable Television Association (fees versus taxes). Holdings are not expanded into unrelated categorical prohibitions.

Official U.S. Code and GovInfo session laws are the primary legal corpus. Official department/program sources identify organizational roles; they do not create powers. Strategies, plans and executive orders supply demand signals, not independent grants in the positive inventory. Cross-domain execution pathways are labeled analytical synthesis.

The category is a general capability, not copied statutory wording. One statute can support several materially different instruments, and one capability can require multiple statutes. Counts are research records, not numbers of independent grants, distinct offices or immediately executable transactions.

Currentness and completeness limits

Target legal date: October 2, 2026. The source baseline is the official 2024 Code, including its incorporated amendments, reconciled through targeted FY2026 NDAA, subsequent enacted legislation, appropriation/continuing-resolution review and source-specific current-text checks. The NARA public-law list reviewed was current through October 1 and listed laws through P.L. 119-118, enacted September 30.

Live OLRC access was intermittent and some pages were under maintenance. Current indexed Code text and official session laws were used to corroborate important amendments; some Cornell mirrors served as corroborating access paths. A complete section-by-section legislative delta and comprehensive judicial citator were not obtained. The target date must not be read as a certified exhaustive current-law opinion.

Record-level currentness notes and three domain source audits identify checks and unresolved questions. No classified or nonpublic authorities were examined. Every annual rider, country-specific appropriation, treaty/implementing agreement, local delegation, active warrant, account balance and implementation status has not been independently verified.

The report is a substantial one-pass public-source planning product. It is usable to assemble and interrogate pathways; a specific proposed transaction still needs the outstanding statutory, fiscal and delegated-authority facts resolved.

Coverage and use of the downloads

The full dossier contains the complete capability inventory, not merely the executive synthesis. The CSV provides a portable, flattened worklist; JSON preserves the legal bases, actor chains, conditions and analytical findings. The research plan and coverage audit explain scope and evidence limits.

Search the explorer by action, office, acronym or citation; filter by broad family; expand a record to see legal basis, planners, resource owners, approvers, executors, partner dependencies and requirements. The actor-label index is a navigation aid: differently phrased labels can refer to the same organization.

Treat unresolved implementation and resource questions as explicit tasking items for the responsible office. Do not convert an analytical candidate gap into a legislative recommendation until a precisely defined action has failed the existing-authority and partner-pathway tests.

Enterprise actor and decision-right map

Secretary and Deputy Secretary of Defense

Enterprise direction — Integrate strategic priorities, assign departmental responsibilities, approve reserved actions, and resolve cross-component resource and execution issues.

Boundary: Departmental direction under §113 does not replace instrument-specific law or appropriations.

USD(Policy)

Planning and strategy — Translate national strategy into defense strategy, campaign/contingency planning guidance, force-posture policy, and Defense Planning Guidance; oversee DoD export-control policy.

Boundary: A strategic requirement does not itself authorize a financial transaction, export, sanction, or operation.

USD(Research and Engineering)

Innovation and technology — Chief technology officer; supervise research, technology development, experimentation, prototyping and transition. FY2026 law explicitly adds directive authority within assigned responsibility and developmental prototyping/field experimentation.

Boundary: Technical direction does not automatically make the office the contracting signer, funding owner, or production-transition sponsor.

USD(Acquisition and Sustainment)

Acquisition and industrial execution — Chief acquisition/sustainment and senior procurement executive; defense industrial-base, materials, logistics, maintenance, contract-administration and international industrial-cooperation policy.

Boundary: Service acquisition programs retain statutory decision-right distinctions; specific industrial instruments retain their own eligibility and funds requirements.

Assistant Secretary for International Armaments Cooperation

International industrial coordination — Statutory office established in FY2026 under USD(A&S) for international armaments and industrial-base cooperation responsibilities.

Boundary: Statutory creation does not by itself establish that every implementing delegation or office staffing is complete.

USD(Comptroller) and component comptrollers

Resource ownership and financial control — Prepare and execute budgets, oversee fiscal/accounting policy, identify appropriation availability, and assemble transfer/reprogramming requests. Component account owners connect the chosen authority to lawful funds.

Boundary: Cannot treat authorization ceilings as appropriations or move funds merely by interoffice agreement.

Director, Cost Assessment and Program Evaluation (CAPE)

Resource analysis — Provide independent cost and program assessment to support resource tradeoffs, alternatives, and program decisions.

Boundary: Analysis/advice is not award or disbursement authority.

USD(Intelligence and Security)

Intelligence and security integration — Direct and supervise Military Intelligence Program policy, planning, execution and resource use; carry out delegated DoD National Intelligence Program functions; oversee personnel, physical and industrial security and information protection.

Boundary: NIP functions involve SecDef delegation and DNI responsibilities; security or CI mission labels do not erase collection, contracting, or domestic-law limits.

Chairman of the Joint Chiefs of Staff and Joint Staff

Joint requirements and resource advice — Develop joint military advice and requirements priorities; assess capability shortfalls and plans; route qualifying Combatant Commander Initiative Fund support.

Boundary: Joint prioritization does not itself provide an acquisition appropriation or authorize a contractor award.

Combatant commands and component commands

Demand and operational integration — Define campaign needs and integrate capabilities into plans and operations. FY2026 §873 authorizes experimentation, prototyping and technology demonstrations addressing command operational needs; a commander’s post-demonstration written determination may satisfy specified noncompetitive-acquisition justification and capability-need requirements. This authority sunsets September 30, 2028.

Boundary: Do not infer unrestricted industrial financing or general procurement funds from combatant command. Identify the actual account, contracting support and any special statute.

USSOCOM and its acquisition executive

Special statutory acquisition role — Validate SOF requirements, propose resources and develop/acquire special-operations-peculiar equipment, materiel, supplies and services; coordinate supporting military departments.

Boundary: Not a general model granting identical acquisition powers to every combatant command; scope remains SOF-peculiar and subject to statutory supervision.

Department of the Army

Service planning, resources and execution — Army Secretary and responsible acquisition, science, contracting, installation and logistics organizations carry out the Army’s express organizing, supplying, equipping, construction, maintenance and related functions. Specific offices appear in capability records.

Boundary: Service-wide responsibility is not a universal exception to instrument-specific procurement, finance or construction law.

Department of the Navy, including Marine Corps

Service planning, resources and execution — Navy Secretary and Navy/Marine Corps acquisition, research, systems, contracting, logistics and facilities organizations connect requirements to execution. Specific systems commands and offices appear in capability records.

Boundary: Marine Corps and Navy requirements may have different sponsors/executors; departmental authority and an individual award delegation are distinct.

Department of the Air Force, including Space Force

Service planning, resources and execution — Air Force Secretary and Air Force/Space Force acquisition, laboratory, contracting, space and installation organizations provide departmental acquisition and resource pathways.

Boundary: Space Force mission ownership does not eliminate the department’s legal and fiscal structure; use the particular statute and delegated signer.

Defense Agencies and DoD Field Activities / fourth estate

Shared and specialized execution — Provide cross-Service supply, information, logistics, contracting support, research, intelligence and security functions. DLA, DISA, DARPA, DCMA, DCAA, DIA, NGA, NSA, NRO, DCSA and other named organizations are mapped where a capability needs them.

Boundary: “Fourth estate” is an organizational grouping, not a source of legal power. §192 contains special intelligence-agency treatment; §193 combat-support responsibilities also matter.

Office of Strategic Capital

Industrial credit and capital coordination — Use the §149 credit/capital-assistance architecture and partner with appropriate industrial and private-finance actors.

Boundary: Capital-assistance language must be read with eligible-investment, credit, fee, subsidy, borrower and national-security conditions; not synonymous with unrestricted equity investing.

General Counsel, component counsel and authorized award officials

Legal review and execution control — Counsel test the chosen mechanism against law; the actual contracting, grants, agreements, real-property, credit or claims official exercises the particular delegated authority.

Boundary: An office’s inclusion in this directory is not evidence of a named individual’s warrant, delegation, funds certification or transaction approval.

DDI Programs, Resources & Enterprise Management (PREM)

I&S planning and resource coordination — Enterprise capability/resource routing within OUSD(I&S): connect ISR, battlespace-awareness, analysis, architecture/PED and MIP/security-resource requirements to the responsible program owners. Route an unfunded intelligence capability here for alignment and advocacy, then to its agency/Service comptroller and execution office.

Boundary: Coordination and oversight are not a contracting warrant or independent appropriation. Confirm the NIP/MIP owner, legally available funds and actual delegation for the chosen instrument.

DDI Sensitive Activities & Special Programs (SASP)

I&S sensitive-activity governance — Route sensitive-activity and special-program proposals through the offices responsible for HUMINT, national programs and special programs; align their mission sponsor, legal/oversight review and properly authorized implementing element.

Boundary: Office remit is not authorization to conduct otherwise unauthorized collection or commerce. Commercial-cover transactions remain subject to 10 USC431–437, applicable CIA/FBI coordination and required approvals; an organizational title proves no individual delegation.

DDI Counterintelligence, Law Enforcement & Security (CL&S)

I&S security integration — Policy/integration route across information and acquisition protection, personnel vetting, physical/operations security, CI/identity intelligence and law enforcement. Pair industrial-protection requirements with DCSA, affected program owners and competent investigative partners.

Boundary: Enterprise coordination does not confer criminal jurisdiction, compulsory process or procurement authority. Keep security mitigation, CI collection and criminal investigation legally distinct; select the proper agency and underlying authority.

DDI Warfighter Support (WS)

I&S operational and partner integration — Connect geographic/functional command intelligence needs with Defense intelligence programs and international partnerships. Regional desks, Global Operations & Integration, WMD Deterrence and Global Partnerships offer public routing points for aligning demand and partner arrangements.

Boundary: Advocacy and integration do not independently approve an intelligence operation, release protected information, conclude every foreign agreement or obligate funds. Route execution to the legally competent agency and approver.

Defense Intelligence Agency (DIA)

Defense intelligence execution — Route all-source military intelligence and applicable Defense HUMINT/CI requirements to the appropriate DIA mission sponsor. Its finance/acquisition workforce provides programming, budgeting, allocation and contracting functions. DIA-specific pathways include foreign shared-intelligence funding and narrowly authorized confidential NIP expenses.

Boundary: Mission authority, financial flexibility and collection approval are separate. NIP/MIP limits, congressional conditions and specific delegations remain; DIA participation does not establish general domestic police or unlimited records-acquisition power.

Defense Counterintelligence and Security Agency (DCSA)

Industrial protection and personnel security execution — For contractor protection, route through Industrial Security and relevant field support for facility security, FOCI mitigation and protected-information risk. Personnel Security handles workforce vetting; CI/Insider Threat supports those missions and coordinates external partners; Security Training builds practitioner capability.

Boundary: Security oversight is not CFIUS, an economy-wide commercial regulator or a blanket criminal-investigation grant. 10 USC4819 places DCSA within a multi-actor acquisition-risk chain. Existing legal authority does not establish sufficient staffing, analytic systems or current uncommitted funding.

National Security Agency / Central Security Service (NSA/CSS)

Cryptologic research and intelligence execution — Statutory SIGINT mission element and a route for cryptologic R&D requirements. Director NSA has express grant authority for qualifying cryptologic research; foreign cryptologic support uses its separate purpose-limited funding pathway. Pair a technical sponsor with the agency acquisition/grants and financial offices.

Boundary: Cryptologic research grants under 50 USC3611 are not general equity investment or unrestricted business support. The statute requires a national-security determination; mission status does not waive collection/privacy restrictions or provide a general domestic compulsory-records power.

National Geospatial-Intelligence Agency (NGA)

Geospatial acquisition and exchange execution — Route geospatial-data and service needs to the mission/program owner and authorized acquisition or exchange officials. NGA has specific tools for government/partner product exchange, bounded nongovernmental exchanges and use of map-sale receipts to pay foreign data-acquisition fees.

Boundary: Data exchange, release and receipts each have separate conditions. Nongovernmental/academic exchange authority is limited as specified in §454; security and international-agreement restrictions persist. Map receipts are not a general reinvestment pool.

National Reconnaissance Office (NRO)

Reconnaissance acquisition execution — Statutory overhead-reconnaissance R&D, acquisition and operating mission. Route commercial remote-sensing proposals to NRO mission/acquisition channels; its February 2026 commercial-contract announcement is public evidence of actual commercial acquisition activity, not merely a planning aspiration.

Boundary: An agency mission or public solicitation is not itself a universal investment authority, promise of award or proof of funds for a new requirement. Apply the chosen acquisition statute, security/release conditions and program funding authority.

Army Counterintelligence Command (ACIC)

Service counterintelligence execution — Army CI routing for foreign-intelligence threats to modernization, critical infrastructure and theater requirements. Its regional headquarters, battalions and local offices provide CI support to commanders and organizations; pair affected acquisition/security programs with the appropriate supporting CI element.

Boundary: ACIC is distinct from Army Criminal Investigation Division. Public mission descriptions do not establish the specific delegated power for a proposed act; preserve legal review, partner coordination and applicable U.S.-person safeguards. CI threat support is not authority to award a contract.

Naval Criminal Investigative Service (NCIS), including Economic Crimes Field Office

Service investigative and acquisition-protection execution — NCIS provides a Department of the Navy investigative route; its Economic Crimes Field Office specifically addresses procurement fraud, corruption, product substitution and foreign exploitation of acquisition. Route relevant allegations through competent investigators, coordinated with program/contract officials; DOJ and U.S. Attorneys handle prosecution.

Boundary: An investigative assessment does not itself terminate a contract, impose a debarment or prosecute a case. Those actions require their own competent decision-makers and process. Distinguish criminal jurisdiction, CI support and acquisition management.

Air Force Office of Special Investigations (AFOSI)

Service investigative and technology-protection execution — Investigative/CI partner serving Air Force and Space Force equities. Route technology-protection and foreign-threat concerns affecting relevant programs through AFOSI and the responsible program/security office; public OSI material identifies support for both Services and engagement around advanced technology.

Boundary: Technology protection is not general authority to direct private-sector investment or exercise any desired commercial power. Investigative, counterintelligence and acquisition actions retain different legal bases, delegated officials and coordination requirements.

Category A — supported legal boundaries

A-01 · Spend or promise money without the necessary fiscal authority

Purpose, amount, period-of-availability and apportionment limits constrain obligations and expenditures. A mission, strategy, NDAA authorization amount or official promise does not by itself supply available money.

Scope and exceptions: Congress can expressly provide contract authority, no-year funds, special accounts or other exceptions. Apply the actual statute; do not assume all future commitments are prohibited.

Planning implication: Pair every positive authority with a lawful account and funds-control chain.

A-02 · Move appropriations merely by coordination

Transfers between appropriation accounts require legal authorization; the ordinary defense transfer framework imposes higher-priority/unforeseen-requirement and congressional-denial restrictions.

Scope and exceptions: A specific transfer statute or appropriation may provide different terms. Reprogramming within an account and transfers across accounts are not interchangeable.

Planning implication: A coordinating body can find legal routes but cannot make every DoD dollar fungible.

A-03 · Use continuing-resolution funds for unrestricted new starts or production acceleration

P.L. 119-103 §102 restricts specified DoD new production, rate increases, new activities and initiation of certain multiyear procurement with §101 funds. Sections 109–110 also constrain high initial distributions/grants and require the most limited continuation funding action.

Scope and exceptions: The law contains specific anomalies, including §§126–127; other independently available funds must be assessed under their own terms. This is not a universal ban on every new DoD activity.

Planning implication: On the target date, test the actual funding source before marking an otherwise authorized action executable.

A-04 · Recycle all receipts or create an unrestricted revenue pool

The general rule requires Treasury deposit of money received for the Government; receipt of funds does not automatically allow retention and reuse.

Scope and exceptions: Congress provides specific exceptions, including qualifying working-capital, reimbursement, gift, licensing and other special-account authorities.

Planning implication: Use the specific receipt-retention rule, not a general business analogy.

A-05 · Create or acquire a corporation to act as a federal agency without specific law

31 U.S.C. §9102 requires specific statutory authorization for establishing or acquiring a corporation to act as an agency.

Scope and exceptions: This is not a blanket prohibition on every corporate security or minority investment; specific investment authority and the nature of the entity/action matter.

Planning implication: A proposed government corporate vehicle needs its own legal-basis analysis.

A-06 · Seize and operate private industry solely on a broad national-defense rationale

Youngstown rejected the steel-mill seizure at issue because neither statute nor the President’s asserted constitutional powers authorized that action.

Scope and exceptions: The holding does not negate lawful purchases, DPA priorities, acquisition/condemnation under specific statutes, or other separately authorized action.

Planning implication: Do not treat mobilization strategy or an emergency declaration as a universal industrial takeover power.

A-07 · Treat military support as general civilian law-enforcement authority

The Posse Comitatus Act and 10 U.S.C. §275 limit military execution of civilian laws and direct participation in searches, seizures, arrests and similar activity.

Scope and exceptions: Express constitutional/statutory exceptions and specific investigative authorities require separate analysis. This is not a claim that DoD has no criminal-investigation, protective or counterintelligence authority.

Planning implication: Where an economic/security objective calls for civilian enforcement, map the proper DoJ/FBI/DHS or other partner and the lawful support mechanism.

A-08 · Use an other transaction as an exemption from all law

Research, prototype and construction OTs have different statutory scopes, participation/approval conditions and follow-on rules; their flexibility does not repeal fiscal law or applicable substantive prohibitions.

Scope and exceptions: Each OT statute expressly displaces or modifies particular requirements; only those applicable exceptions should be claimed.

Planning implication: Choose the correct OT category and preserve the rest of the legal chain.

A-09 · Use pre-enactment funds for specified newly added IBF powers

FY2026 NDAA §867(b) bars funds made available before enactment from carrying out activities under new §4817(g), (h), (i) or (j).

Scope and exceptions: This restriction concerns the specified newly added subsections, not every legacy industrial-base activity. A qualifying later appropriation may support eligible new-authority use.

Planning implication: Do not pair a new §4817 power with an older funding balance without tracing this statutory limitation.

A-10 · Disregard industrial sourcing restrictions because a capability is urgent

Domestic/source restrictions apply to the covered commodities and materials within their statutory scope.

Scope and exceptions: Statutory exceptions and waivers differ by section; urgency is not a freestanding universal waiver. Policy may further limit how a lawful waiver is exercised.

Planning implication: Show both the preferred procurement/industrial route and the precise exception if required.

A-11 · Outsource all organic depot work without statutory review

Core logistics requirements and the public/private depot workload limitation constrain outsourcing of covered work.

Scope and exceptions: Definitions, exclusions and authorized waivers are consequential; do not apply a blanket 50-percent rule to every maintenance dollar.

Planning implication: Industrial partnerships must be structured around the relevant organic-capability and workload rules.

A-12 · Impose an industry-wide tax under general fee authority

General agency fee authority is bounded by services/benefits to recipients and judicial limits; it is not an open-ended revenue-raising power.

Scope and exceptions: Separate laws may authorize particular charges or assessments.

Planning implication: A self-financing defense investment model cannot simply assume a new levy on firms.

Category B — strategic needs and residual questions

B-01 · Expand defense production and sustainment at greater speed and scale

Assessment: Existing pathways; execution conditions

Existing pathway: Industrial Base Fund incentives, DPA capacity/purchase tools, defense credit, procurement demand, multiyear approaches and organic/public-private logistics mechanisms offer a broad toolkit.

Residual question: Which eligible projects, qualified firms, funding vintages, facilities, workforce and purchase commitments can be assembled now? The inventory does not establish that required funds are uncommitted.

Decision: Start with a cross-office execution package. Do not assert that a new general investment authority is needed merely because output remains insufficient.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-02 · Move promising commercial technology into operational use

Assessment: Existing pathways; coordination challenge

Existing pathway: Research/prototype OTs, commercial-solution competitions, experimental procurement, SBIR/STTR and follow-on acquisition can connect experimentation to production.

Residual question: The handoff to an operational sponsor, production/sustainment account, test approval and contracting/agreements official remains transaction-specific.

Decision: Identify the transition sponsor and future buyer at the beginning; an execution handoff failure is not proof of absent authority.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-03 · Finance secure domestic and allied mineral supply chains

Assessment: Existing pathways; instrument-level question

Existing pathway: DPA, §4817, §149, stockpile instruments and procurement/qualification routes support different parts of this objective. The §4816-note industrial pilot expressly supports third-party debt/equity investment through December 31, 2026; §4817(h)(3) provides time-limited intermediary investment awards. Housing equity is another express but sector-specific power, not a mineral-project grant.

Residual question: For any proposed direct corporate-equity investment, identify the precise statutory clause, instrument terms, findings, funds vintage and approval chain. Broad policy references to equity are not a substitute. Project geography also matters: DPA Title III domestic-source eligibility is not equivalent to every allied location.

Decision: A narrow equity or foreign-project gap can only be substantiated after existing industrial powers and partner routes are tested; classify it as unresolved here.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-04 · Increase allied production and shared defense capacity

Assessment: Existing pathways with partner concurrence

Existing pathway: Cooperative R&D/acquisition, security-assistance/sales, logistics exchanges and host-nation contributions supply different routes.

Residual question: Eligibility, cost allocation, technology releasability, State concurrence/export roles, recipient safeguards and foreign consent still matter.

Decision: A DoD-only solution may not be appropriate even where the U.S. Government already has the needed powers.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-05 · Shift resources quickly as technology and threats change

Assessment: Specific flexibility limit; not a universal mission-authority gap

Existing pathway: Annual transfer authorities, lawful reprogramming and selected flexible instruments permit some shifts.

Residual question: A standing power to move any DoD appropriation to any new purpose is not provided by §2214 or interoffice coordination; current CR funds also carry new-start limits.

Decision: If the defined operational need cannot fit a lawful existing account/transfer/anomaly, specify the narrow additional fiscal authority or appropriation needed. Do not seek a redundant acquisition authority.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-06 · Create stable long-horizon demand for industrial investment

Assessment: Existing pathways with statutory time horizons

Existing pathway: DPA purchase commitments, §4817 purchase commitments and statutory multiyear procurement can reduce demand uncertainty within their terms.

Residual question: New use of expiring powers is time-limited; DPA extension to December 11, 2026 is a future continuity issue, not proof that it is unavailable on the target date. Section 4564(c) preserves carrying out pre-termination DPA obligations; confirm that the instrument qualifies and distinguish lawful performance from new commitments.

Decision: Separate a request for durable reauthorization or appropriations from a request for a power that already exists today.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-07 · Align contractor financial behavior with production performance

Assessment: Candidate scope gap—legal validation required

Existing pathway: Contract terms/remedies, voluntary agreements and applicable DPA tools can address performance and capacity in defined circumstances.

Residual question: A blanket power for DoD to regulate every defense firm’s dividends, buybacks or executive compensation independently of a valid contractual/statutory nexus has not been established by this review. EO 14372 itself invokes applicable-law limits and separate SEC consideration.

Decision: Test the proposed measure against actual contracts and express statutes before treating it as executable. If broader direct regulation is truly required, define that residual power for Congress or the competent regulator.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-08 · Illuminate and secure defense supply chains across tiers

Assessment: Existing authority; implementation and scope verification

Existing pathway: Industrial-base assessments, statutory sourcing restrictions, security/FOCI mechanisms, lawful contract requirements and information-gathering powers offer pathways.

Residual question: The July 2026 order schedules additional guidance/rules and January 2027 waiver-policy changes. A future implementation deadline is not a current statutory grant or proof of an authority gap.

Decision: Identify the exact required dataset, existing contractual/data rights and statutory information authority; distinguish implementation work from the need for new law.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-09 · Protect critical firms and technology against hostile economic influence

Assessment: Partner-dependent pathway

Existing pathway: DoD industrial-security/CI work, procurement exclusions and risk assessment can inform a broader response; investment screening and civilian investigation involve other authorities and actors.

Residual question: DoD cannot infer an unrestricted civilian search, prosecution, asset-blocking or company-acquisition prohibition power from its security mission. Specific DoD investigative powers remain distinct. Separately, GAO documented industrial-security workforce, regional risk-analysis and IT implementation gaps; those are execution/resource-management findings, not proof of missing statutory powers.

Decision: Route the needed act to the competent interagency authority; only seek new DoD power if a defined residual requirement cannot be met through that lawful division of responsibilities.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-10 · Use economic restrictions to reduce adversary leverage

Assessment: Partner-dependent, not a demonstrated U.S.-Government authority gap

Existing pathway: Presidential economic-emergency and trade powers and competent Treasury/Commerce/State processes may complement DoD sourcing, contracting and industrial measures.

Residual question: A generic power for DoD independently to impose economy-wide sanctions, tariffs or export licensing is not established merely by its national-security mission. Any delegated role must be traced.

Decision: Distinguish “DoD does not own the required decision” from “the United States lacks authority”; the latter has not been demonstrated here.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-11 · Accelerate drone fielding while expanding the supplier base

Assessment: Existing acquisition pathways; external constraints remain

Existing pathway: Research, prototype, commercial acquisition and production-support tools can support an eligible defense drone requirement.

Residual question: Airspace permissions, spectrum, test-range access, supply restrictions and fielding approvals are separate; acquisition authority does not waive them. This research does not establish a missing general power to buy drones.

Decision: Name the actual blocked action before requesting legislation; use relevant DoD and civil-agency coordination where existing law permits.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

B-12 · Grow organic sustainment and the industrial workforce

Assessment: Existing pathways with scope and resource conditions

Existing pathway: Public-private depot/arsenal arrangements, industrial-base assistance and workforce/research programs can support the strategy’s demand for stronger sustainment capacity.

Residual question: Core logistics, covered workload limits, workforce eligibility, facilities, and lawful funds still constrain a specific plan; no missing general power to support workforce capacity is demonstrated.

Decision: Build a defined workforce and sustainment package before seeking another broad authority. If a specific population, facility or funding use is ineligible, document that narrow residual issue.

Evidence status: Analytical mapping from the cited demand to statutory mechanisms; not a claim that the strategy expressly requests every possible mechanism.

Coordination pathways

From critical-material shortfall to reliable production

• 1. Service/COCOM defines the defense demand; IBP and DLA validate the supply-chain problem.
• 2. Choose the eligible capacity, credit, stockpile or purchase-commitment mechanism—do not conflate them.
• 3. Match the mechanism to the appropriation and funds vintage; check CR and FY2026 §867 constraints.
• 4. Assemble technical diligence, required findings, security/sourcing review and award authority.
• 5. Connect output to a qualified defense buyer, sustainment demand and performance oversight.

Boundary: A producer, a financing instrument and a purchase contract may require different offices and legal predicates.

From operational need to commercial prototype and production

• 1. COCOM or Service states the problem and identifies an operational/production sponsor.
• 2. Research or prototype through the appropriate statutory mechanism; involve DIU, DARPA, a Service laboratory or acquisition organization where relevant.
• 3. Document participation, competition, prototype scope and approval conditions.
• 4. Use a lawful follow-on production route if its statutory requirements are met; otherwise select another acquisition route.
• 5. Fund and approve testing, integration, data/IP needs, deployment and sustainment separately as required.

Boundary: A successful demonstration is not by itself a funded production program.

From allied requirement to shared capability

• 1. COCOM, Service international-program office and policy staff identify the common objective and eligible partners.
• 2. Select cooperative R&D/acquisition, security cooperation/sales, or reciprocal logistics according to what is actually being exchanged.
• 3. Resolve country eligibility, allocation of costs, export/releasability, State involvement and recipient safeguards.
• 4. Designate the implementing Service/agency, account and contracting or agreement authority.
• 5. Track delivery, end use, sustainment and partner commitments.

Boundary: Do not use a logistics-exchange mechanism to disguise an otherwise unauthorized assistance or weapons-transfer program.

From infrastructure requirement to a usable facility

• 1. Mission owner and installation/engineering organization identify the site, project purpose and ownership model.
• 2. Choose authorized construction, leasing, energy-service, industrial-facility or partnership authority appropriate to that model.
• 3. Verify project authorization, appropriation, monetary/category thresholds, notices, land rights and environmental requirements.
• 4. Identify the actual real-estate, construction contracting or agreements official; §2808a is distinct from emergency §2808.
• 5. Assign long-term operations, utilities, maintenance and disposition responsibility.

Boundary: Section 2808a expressly displaces chapters 221 and 223 and §2851(a); §2853, required notification, lawful funding and other applicable property/environmental rules remain. Do not assume either that all ordinary construction rules survive or that all are waived.

From security concern to lawful economic protection

• 1. USD(I&S), relevant defense intelligence/security organizations and the program owner identify a supportable risk.
• 2. Use the authorized security, procurement and industrial-base processes applicable to the firm or transaction.
• 3. Identify whether the required action is DoD contractual/administrative, intelligence, civilian investigation, investment screening or economic restriction.
• 4. Route partner-owned decisions to the lawful authority; preserve information-handling and oversight requirements.
• 5. Return mitigation requirements to the acquisition and resource owners.

Boundary: A shared security objective does not merge the powers of DoD, Treasury, Commerce, State and law enforcement.

From distributed requirement to coordinated funding and execution

• 1. Name a mission sponsor and one accountable coordinating official; identify all participating components.
• 2. Select existing substantive authorities before selecting the transfer or interagency payment vehicle.
• 3. Map each appropriation, purpose/time/amount restriction and any reimbursable order or transfer authority.
• 4. Record who approves, who signs and who accepts/oversees performance.
• 5. Separate unresolved legal authority from absent money, pending delegation, partner consent or an implementation bottleneck.

Boundary: The Economy Act and a coordination memorandum do not create new substantive powers or extend expiring funds.

Complete capability inventory — 168 records

Acquisition, transition and contract finance

ACQ-35 · Acquire military supplies and services through competitive contracts

Authority type: Procurement

Service Secretaries perform statutory equipping, supply and related departmental functions through lawful acquisitions; competitive procedures are the baseline for covered procurements.

Legal holder: Military-department Secretaries and other agencies within their express missions and valid delegations

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Defined defense mission/requirement and available appropriation.
• Commercial-product/service market research and statutory preferences; authorized contracting official.

Funding conditions

• Properly available procurement, services, O&M or other mission appropriation; authorization is not appropriation.

Limits and exclusions

• General procurement is not blanket authority for loans, equity, unrestricted grants or another agency’s law-enforcement powers.
• Domestic-source, security, competition, labor and other applicable statutes remain; FY26 repealed former §3455 instead of treating it as current.

Coordination path: Requirement owner → PAE/program → funding and acquisition strategy → contracting competition → delivery, acceptance and contract administration.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-36 · Limit competition or use sole-source procedures for defined statutory reasons

Authority type: Procurement

Use documented exceptions for unique sources, compelling urgency, industrial mobilization/essential research capacity, international commitments, express statutes, national-security secrecy or public interest.

Legal holder: Head of agency; contracting officer and specified approval officials

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Actual statutory exception and written justification/approval unless an express exception to those requirements applies.
• Solicit as many practicable sources for urgency and national-security secrecy cases.

Funding conditions

• Existing appropriate procurement/service funds; separate funding authority not created.

Limits and exclusions

• Lack of planning or expiring procurement funds does not justify noncompetition.
• Urgency contract generally only necessary duration and no more than 1 year absent exceptional-circumstances determination.
• FY26 statutory approval tiers changed: above $10m to $100m competition advocate; above $100m to $500m procuring-activity head; above $500m senior procurement executive.

Coordination path: Requirement owner documents actual predicate → contracting officer prepares justification → proper approval tier → required notice/publication and award.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-37 · Create task/delivery-order contracts and place repeat orders

Authority type: Procurement

Establish single- or multiple-award contracts for recurring property/services and place orders without a new full standalone procurement each time.

Legal holder: Head of agency and authorized contracting officers

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Solicitation describes period, maximum quantity/value and work scope.
• Fair opportunity among multiple-award holders unless statutory order exception applies.

Funding conditions

• Fund minimum commitments and individual orders lawfully; IDIQ ceiling is neither appropriation nor guaranteed spending.

Limits and exclusions

• Orders cannot themselves increase parent contract scope, term or ceiling.
• Generally initial period up to 5 years and total up to 10 years; longer requires exceptional-circumstances finding; advisory/assistance services have distinct §3405 rules.

Coordination path: Program aggregates requirement → contracting office competes vehicle → budget owner funds orders → contracting officer applies fair opportunity.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-38 · Commit to multiyear equipment purchases and economic-order quantities

Authority type: Procurement & demand commitments

Contract across program years to stabilize demand and permit economic production and advance component buys, subject to findings and legislative controls.

Legal holder: Head of agency; Secretary of Defense and Congress for specified authorizations/certifications

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Find savings or otherwise-unachievable industrial-base stability; stable need/design, realistic costs and funding expectations, and national-security benefit.
• Large contracts and specified programs require statutory authorization, certification and notice.

Funding conditions

• Available first-year funds; out-year continuation subject to appropriations; cancellation exposure must be assessed and funded through lawful sources.

Limits and exclusions

• FY26 removed the word significant from the savings test; it did not abolish remaining findings.
• Ordinary statutory term and cancellation rules remain, with product-specific exceptions such as FY26 §804.
• No guarantee Congress will appropriate future-year money.

Coordination path: PAE/program and industrial planner → cost/design/fiscal findings → Service/OSD approval and Congress where required → multiyear contract.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-39 · Buy qualifying services on a multiyear basis

Authority type: Procurement & demand commitments

Use up to 5 program-year contracts for installation support, complex-equipment maintenance, specialized training, base services and environmental remediation when statutory conditions are met.

Legal holder: Head of agency

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Continuing requirement; substantial initial plant/equipment investment or specialized-workforce contingent liability; competition/economy justification.

Funding conditions

• Annual appropriations may support statutory multiyear contracts; cancellation/termination if out-year funds unavailable.

Limits and exclusions

• Not a blanket multiyear power for every service.
• Over $500m requires specific legal authority; unfunded liabilities/cancellation ceilings and termination have notice rules.

Coordination path: Service sponsor → cost and workforce investment case → contracting/fiscal review → threshold approvals/notices → multiyear award.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-40 · Acquire commercial solutions through general solicitations and follow-on awards

Authority type: Commercial acquisition

Competitively select commercial products, services or nondevelopmental items via general solicitation with peer, technical or operational review and use authorized follow-on production routes.

Legal holder: Secretary of Defense and military-department Secretaries

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• General solicitation and appropriate review; fixed-price including fixed-price incentive awards.
• Follow-on sole-source contract requires §3204(e) approvals; alternative §4022-defined production contract/transaction route must be legally analyzed.

Funding conditions

• Properly available acquisition funds; commercial treatment does not independently relax fiscal law.

Limits and exclusions

• §3458 CSO authority is distinct from DIU’s CSO solicitation technique used with §4022 OTs; do not merge requirements.
• Awards above $100m require congressional notification within 45 days.

Coordination path: Mission customer and program → commercial market/problem solicitation → review and contract award → document follow-on basis/approvals.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. Complete OLRC indexed §3458 text dated 2026-09-18 cross-checked against P.L. 119-60 §1823.

ACQ-41 · Provide advance, progress, partial and performance-based contract payments

Authority type: Contract financing

Finance performance of authorized property/services contracts and accelerate eligible small-business payments; tailored commercial-payment rules are available.

Legal holder: Head of agency; authorized contracting/finance officials

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Payment basis, adequate security where required and public-interest determination for general advances.
• Progress/performance evidence; aggregate payments cannot exceed unpaid contract price.

Funding conditions

• Appropriate contract funds; rules differ for ordinary advance payments, commercial payments and performance-based arrangements.

Limits and exclusions

• Contract financing is not an unrestricted corporate loan or investment.
• FY26 specifies qualifying commercial subscription/consumption payments are not advances for §3803 purposes; do not infer waiver of all fiscal limits.

Coordination path: Contracting/program office assesses financing need → finance/security and price review → authorized terms → disbursing office pays milestone/progress amounts.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-42 · Rapidly acquire urgent capabilities and make limited emergency funding/waiver decisions

Authority type: Rapid acquisition

Respond to documented combat, contingency or cyber deficiencies through accelerated acquisition/deployment; specified determinations unlock bounded use of available funds and selected legal waivers.

Legal holder: Secretary of Defense or Deputy Secretary of Defense for reserved determinations; designated senior official for permitted waivers

Plans: COCOM/Joint Staff operational sponsor and acquisition community

Pairs / owns resources: Secretary of Defense-designated available DoD accounts; component comptrollers

Approves: Secretary of Defense or Deputy Secretary of Defense; designated senior official for statutory waivers

Executes: Service/component program and contracting office

Partner dependencies: DOT&E, OMB, congressional defense committees

Requirements

• Documented qualifying deficiency or compelling national-security rapid-pathway need and written determination.
• Acquisition, funding, evaluation, disposition and transition strategy; prescribed congressional notice.

Funding conditions

• Only permitted available funds and O&M accounts; findings/notices and fiscal review essential.

Limits and exclusions

• Cannot waive criminal/civil-penalty statutes, appropriations-expenditure laws or §3601 itself.
• Baseline annual statutory pools:$200m each for combat, contingency and cyber categories; $50m for immediate rapid-pathway starts; sustainment use limited 2 years.

Coordination path: COCOM deficiency → Service acquisition/fiscal team → Secretary of Defense/Deputy determination → senior official waivers → rapid contract/evaluation/deployment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-43 · Use middle-tier rapid prototyping and fielding pathways

Authority type: Rapid acquisition

Run streamlined 2–5 year rapid-prototyping or rapid-fielding programs with coordinated requirements, resources and acquisition decisions.

Legal holder: USD(A&S) establishes pathways; Service acquisition executives/authorized decision authorities execute

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Prototype aims at operational demonstration/residual capability within 5 years; fielding aims at production in 6 months and fielding in 5 years.
• Merit consideration, acquisition/funding strategy, test and transition plan.

Funding conditions

• Funded program plan and valid instrument; streamlined process does not create money.

Limits and exclusions

• A pathway is not its own contract instrument, appropriation or general statutory waiver.
• Regulatory waivers differ from statutory changes; statute directs seeking Congress for statutory waiver.

Coordination path: Operational sponsor → Service acquisition executive/PAE → rapid-pathway decision and funded strategy → program/contracting team → test and transition.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-44 · Continuously acquire, develop and update software and covered hardware

Authority type: Software acquisition

Use statutory applications and embedded-systems software pathways for iterative delivery, commercial cloud use and qualifying software-embedded hardware.

Legal holder: Secretary of Defense; Service/component acquisition decision officials

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Proven technologies/solutions, ongoing user engagement and cybersecurity metrics; statutory rapid-delivery objectives.
• Covered hardware must meet commercial/nondevelopmental and embedded-software definition.

Funding conditions

• Appropriate software/hardware lifecycle funds; correct contracting instrument and sustained operations budget still needed.

Limits and exclusions

• Exemptions from selected planning frameworks are not exemptions from all procurement, cybersecurity or fiscal requirements.
• Normally not treated as MDAP absent specific USD(A&S)/Service acquisition executive designation.

Coordination path: User/program team → software acquisition decision → contracting/software engineering/test/security → frequent evaluated delivery.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-45 · Fund high-value accelerated procurement and fielding of innovative technologies

Authority type: Transition & scaling

Use competitive merit-based procurement/fielding awards under §3604(APFIT), prioritizing small and nontraditional suppliers and technologies that address defense needs.

Legal holder: Secretary of Defense; Secretaries of military departments participate in proposal review

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Cost-effective merit selection; required data-collection plan submitted to Congress before funding.
• Use authorized underlying contracts, cooperative agreements, OTs or other appropriate process.

Funding conditions

• Expressly subject to appropriations; authorizing a program does not show a live solicitation or funds for a project.

Limits and exclusions

• FY26 minimum $10m and ordinary maximum $50m per selected proposal; greater amount needs Secretary of Defense/designee approval.
• Solicitation/participant restrictions and 30-day award notice apply.

Coordination path: Program/customer transition proposal → Service/OSD merit review → funded selection and instrument → contracting/fielding → required reporting.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-46 · Purchase metered consumption-based capabilities with flexible lifecycle funding

Authority type: Commercial acquisition

Buy a combined software/hardware/data/labor capability as a service billed by actual usage at fixed-price units; use authorized incremental funding and advance payments.

Legal holder: Secretary of Defense and military-department Secretaries

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Metered actual usage and predetermined fixed unit prices; 75%/90% funding-consumption notifications.
• Implementing acquisition provisions and appropriate service model.

Funding conditions

• Amounts authorized for this acquisition authority may cover RDT&E, procurement, production, modification and O&M; incremental contracts/agreements and advances expressly permitted.

Limits and exclusions

• Feature/capability additions up to 25% of original contract value receive specified competitive treatment; not unlimited out-of-scope growth.
• Do not read lifecycle-purpose provision as permission to move any existing appropriation without fiscal analysis.

Coordination path: Capability owner → contracting/fiscal team designs unit pricing and funding controls → authorized award → metered monitoring and budget replenishment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: New 10 U.S.C. §3605 read directly in P.L. 119-60 §1825; OLRC indexed text dated 2026-08-02. Implementation and FY2027 balances unverified.

ACQ-47 · Request enhanced rapid contracting for COCOM operational needs

Authority type: COCOM acquisition

A combatant commander can make written determinations to senior contracting officials for defined contingency, CBRN/cyber response, humanitarian/peacekeeping and below-armed-conflict directed operations.

Legal holder: Combatant commander requests; senior contracting official exercises contracting tools

Plans: Combatant commander and operational staff

Pairs / owns resources: Command/supporting component certifying funds

Approves: Combatant commander determination; senior contracting official award authority

Executes: Supporting joint/Service contracting activity

Partner dependencies: Joint Staff and USD(A&S) for statutory reporting

Requirements

• Written rationale, requested tools and attestation of available funds.
• Applicable operation and time-sensitive/unplanned situation.

Funding conditions

• Existing attested available funds; no separate appropriation created.

Limits and exclusions

• Not a power for commander to sign any contract personally; contracting-official role remains.
• Enhanced thresholds/commercial treatment are as specified in §843, not general exemption from all requirements.

Coordination path: COCOM need → written commander determination and fund certification → senior contracting official → rapid award → Joint Staff/USD(A&S) reporting.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. Express sunset 2028-09-30.

ACQ-49 · Start urgent development before the next budget cycle

Authority type: Rapid acquisition & resource alignment

With Secretary of Defense approval, a Service Secretary may initiate urgent/emerging development to exploit new technology or respond to threats using bounded rapid acquisition/funding authorities.

Legal holder: Military-department Secretary with Secretary of Defense approval

Plans: Service Secretary and operational/technical sponsor

Pairs / owns resources: Current-year Service procurement or RDT&E funds

Approves: Secretary of Defense approves Service Secretary determination

Executes: Service program and contracting offices

Partner dependencies: Comptroller, OMB/congressional notifications, receiving acquisition pathway

Requirements

• Compelling urgent/emergency need; explain why waiting for next President budget harms defense.
• Identify current-year funding and acquisition pathway/programmed transition funding within 2 years.

Funding conditions

• Current-year procurement or RDT&E funds permitted under specific authority; not unlimited reprogramming.

Limits and exclusions

• DoD-wide annual $100m limit under this mechanism; initial 1 year with single 1 year extension/notice.
• Chapter 221 competition may not be waived; other §3601 fiscal/penalty restrictions remain.

Coordination path: Service identifies threat/technology → funding/transition case → Service Secretary request and Secretary of Defense approval → notice → development and planned program transition.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-51 · Grant extraordinary national-defense contractual relief

Authority type: Contract relief & risk allocation

Under Presidential authorization during qualifying emergency, enter/amend/modify contracts and make advances where necessary to facilitate national defense, subject to statutory safeguards.

Legal holder: President authorizes; DoD/Service officials or Contract Adjustment Boards within lawful delegation

Plans: Program/contracting officer and contractor requesting relief

Pairs / owns resources: Responsible contract/program funds and authorized relief sources

Approves: Applicable senior department official or Contract Adjustment Board; President’sauthorization predicates

Executes: Contracting officer and departmental relief process

Partner dependencies: DCMA insurance review for hazardous/nuclear requests; fiscal/counsel; Congress at threshold

Requirements

• National-defense facilitation; valid Presidential authorization and applicable national emergency.
• Above $500k approval at specified senior level; above $150m congressional notice and 60 days continuous-session wait.

Funding conditions

• Available lawful funds and contingent-liability review; special inflation relief required specific appropriations even when active.

Limits and exclusions

• Not permission to disregard all procurement/fiscal laws; §1432 express exclusions remain.
• Separate inflation-only §1431(c)-(d) authority ended 2025-12-31 in audited law and is not treated as currently available.
• Statute is substantive grant; Executive Order 10789 only supplies implementation/delegation, not a substitute grant.

Coordination path: Program/contractor → contracting officer and counsel → relief board/senior official → required Congress notice → contract modification or permitted relief.

Availability: Conditional statutory pathway; current emergency/delegation predicate and funds must be validated. Inflation-only temporary branch not represented as available.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. No FY26 NDAA extension of §1431(e) inflation-only authority identified; general §1431(a) must not be confused with that expired branch.

ACQ-52 · Indemnify unusually hazardous research/development work

Authority type: Contract relief & risk allocation

Military-department R&D contracts may promise U.S. indemnification for defined unusually hazardous direct-performance third-party claims and contractor-property loss not otherwise insured/compensated.

Legal holder: Secretary of the military department concerned approves; Secretary/designated official certifies payment

Plans: R&D program and contractor

Pairs / owns resources: EligibleR&D/contract funds

Approves: Military-department Secretary; designated just-and-reasonablepayment certifier

Executes: Contracting officer and claims/insurance officials

Partner dependencies: DCMA asappropriate; counsel; risk/insurance specialists

Requirements

• Risk defined as unusually hazardous in contract; direct performance connection and uncovered loss.
• Required notice of claims/suits and U.S. option to control/assist defense.

Funding conditions

• Payments may use obligated contract funds, unobligated R&D funds or appropriations for payments, with Secretary approval.

Limits and exclusions

• Not blanket indemnity for any contractor business loss or retroactive unstated promise.
• R&D statutory pathway is distinct from 50 U.S.C. §1431 Presidential emergency relief.

Coordination path: R&D program identifies hazard → insurance/risk counsel review → Secretary approval → explicit contract clause → certified claim payment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-53 · Assume classified-contract work-in-process risk that cannot be commercially insured

Authority type: Contract relief & risk allocation

DoD must not require contractors to bear specified work-in-process loss when classification prevents obtaining insurance or processing a claim under covered fixed-price product contracts.

Legal holder: Secretary of Defense; authorized contracting/risk officials

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Classified fixed-price product contract entered after 2025-12-18.
• Classification causes unavailable commercial insurance or inability to process claim.

Funding conditions

• Allocate risk expressly in eligible contract and review contingent exposure; statute does not itself provide an appropriation.

Limits and exclusions

• Does not cover managerial willful misconduct/lack of good faith or contractor workmanship error.
• Protection applies to work in process before government delivery/acceptance, not every corporate loss.

Coordination path: Classified program and contractor → security/insurance evidence → contracting/fiscal/counsel → appropriate contract risk allocation.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: 10 U.S.C. §3864 enacted P.L. 119-60 §801; full text read; implementing DFARS required within 120 days, completion not verified.

ACQ-56 · Request DIU commercial-technology adoption and integration support through BOOST

Authority type: Transition & scaling

Portfolio acquisition executives, program managers and product support managers can request DIU assistance identifying, adopting and integrating commercial technologies into programs of record or fielded capabilities.

Legal holder: DIU Director establishes and executes program; Secretary of Defense issues guidance

Plans: Requesting portfolio acquisition executive, program manager or product support manager

Pairs / owns resources: DIU appropriations made available for BOOST; customer program resources as needed

Approves: DIU Director under required guidance; instrument-specific award officials

Executes: DIU and coordinated development, experimentation or integration teams

Partner dependencies: Rapid Innovation Program, SBIR/STTR offices, urgent-acquisition organizations and customer contracting offices

Requirements

• Request identifies a program or fielded-capability adoption/integration need.
• DIU reviews candidate technologies and, upon request, executes coordinated development, experimentation or integration; termination criteria apply.

Funding conditions

• Expressly subject to appropriations; DIU amounts authorized for this purpose may be used; current availability not verified.

Limits and exclusions

• Program and statutory authorities expire December 31,2030.
• Does not itself waive requirements of the underlying contract, OT or funding instrument.

Coordination path: PAE/program/product support manager request → DIU technology review → coordinated development or integration with related transition programs → funded program adoption.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: P.L. 119-60 §1833 read directly; guidance required within 90 days after December 18,2025; guidance issuance and live program implementation not verified.

Domestic and interagency support

INT-38 · Share military information, equipment, facilities and expertise with civilian law enforcement

Authority type: Domestic interagency support

Provide lawfully collected information and controlled equipment/facility/training/maintenance support; selected equipment operations have enumerated statutory conditions. Separate authorities support Justice in specified WMD emergencies and bombing situations.

Legal holder: Secretary of Defense; requesting civilian agency retains its law-enforcement authority.

Plans: Civilian law-enforcement requesting agency; CCMD/Service support planners

Pairs / owns resources: Supporting DoD appropriation with reimbursement as required

Approves: Secretary of Defense/authorized official; Attorney General and State joint approvals for specified §274 tasks

Executes: Service/Defense Agency support providers

Partner dependencies: DOJ/FBI, DHS, State/local law-enforcement officials as appropriate

Requirements

• Valid request and authorized support category; mission preparedness and applicable-law review.
• Economy Act/other reimbursement unless statutory waiver conditions met.
• §§282-283 need Attorney General request and applicable joint rules; §282 requires joint emergency finding, unavailable civilian capability and no adverse preparedness effect.

Funding conditions

• Reimbursable support or narrow training/operations benefit waiver; no free general assistance fund.

Limits and exclusions

• §275 prohibits specified direct military searches, seizures, arrests or similar acts unless otherwise authorized by law.
• Sharing normally collected information is not blanket permission to collect for civilian policing.
• Posse Comitatus and other constitutional/statutory limits require separate application.
• §§282-283 normally bar direct arrest, evidence search/seizure and law-enforcement intelligence collection, with expressly bounded immediate-life-protection or otherwise-lawful exceptions; not general domestic police jurisdiction.

Coordination path: Partner law-enforcement need → Defense support review → purpose/reimbursement/operational limits → approved support while civilian agency exercises coercive powers.

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

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.

INT-39 · Contract for and provide counterdrug or counter-transnational-crime support

Authority type: Domestic and foreign interagency support

Supply specified transport, training, equipment maintenance, communications, analysis, reconnaissance and limited construction support to qualifying agencies.

Legal holder: Secretary of Defense upon proper requesting official’s request.

Plans: Requesting counterdrug/transnational-organized-crime agency; Geographic CCMD and Joint Interagency Task Force planners

Pairs / owns resources: DoD counterdrug or other purpose-available program funds

Approves: Secretary of Defense/authorized official; State coordination for foreign support

Executes: Military support elements and ordinary contracting offices; Joint interagency support organizations

Partner dependencies: Federal, State, local, tribal or foreign law-enforcement agencies

Requirements

• Correct domestic/foreign statutory menu and request channel.
• 15-day notice and applicable quarterly/foreign-program reporting.
• Contracts allowed where DoD normally would acquire equivalent own-mission services/equipment by contract.

Funding conditions

• Available eligible funds, not agency-wide authority to transfer unrestricted cash.

Limits and exclusions

• Support is not freestanding criminal enforcement authority; §275 direct-participation bar remains.
• Foreign-support purposes narrower than domestic menu; small-scale construction definition applies.
• Short-term preparedness waiver requires specific balancing determination.

Coordination path: Agency request → CCMD/interagency planner → legal category and cost → State/notice/approval → support contract or force execution.

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

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.

INT-40 · Let States and localities buy eligible equipment through DoD

Authority type: State and local acquisition support

Provide a purchasing channel for counterdrug, homeland-security and emergency-response equipment procured by DoD for its own purposes.

Legal holder: Secretary of Defense in coordination with GSA.

Plans: State program coordinator and local requestor

Pairs / owns resources: Purchasing State/local government advance payment

Approves: DoD program officials under prescribed procedures; Governor/state process for local requests

Executes: DoD eligible procurement channels and contracting officers

Partner dependencies: GSA; DHS equipment-list authority; State/local/tribal eligible agencies

Requirements

• Equipment on applicable catalog; requested through State process and advance payment.
• Homeland-security equipment also meets DHS Authorized Equipment List condition.

Funding conditions

• Purchaser funds equipment/admin costs in advance.

Limits and exclusions

• Not free grant/transfer authority or authority to acquire products DoD never buys for itself.
• Purchaser arranges and pays shipment and administrative costs.

Coordination path: Local/State need → State coordinator/catalog eligibility → advance funds → DoD purchase and purchaser shipment.

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

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.

Energy, environment and communities

IND-43 · Buy, sell or share installation services with State/local/tribal governments

Authority type: Intergovernmental shared services

Enter sole-source IGSAs for services already provided by one party for its own use, seeking mission effectiveness or economies; FY26 expressly includes ordnance disposal.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Best-interest/efficiency finding
• Existing own-use service by provider
• Downstream awarded contracts competitive
• Annual savings-pilot certification where relevant

Funding conditions

• O&M for support; reimbursements credited; at least25% savings pilot for approved sustainment/restoration/modernization extended through Sep30,2030.

Limits and exclusions

• Term up to10years
• Security guard and firefighting functions excluded from definition; mutual-aid arrangements preserved
• Cannot circumvent A-76
• FY26 definition includes Yap and Palau for this purpose

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-44 · Cost-share buffers, easements, water rights and resilience with partners

Authority type: Mission-compatible land conservation

REPI-type agreements acquire willing-seller interests and support habitat, encroachment avoidance and installation resilience; can match other federal conservation/resilience programs.

Legal holder: Secretary of Defense or military department

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Eligible government or conservation partner
• Mission compatibility and owner consent
• Fair-market-value/federal-share conditions with specific excess-value notice exception

Funding conditions

• O&M, or RDT&E for primarily RDT&E installations, as expressly permitted; partner match and long-term management terms documented.

Limits and exclusions

• Not compulsory conservation taking
• Only mission-related scope; interests must protect statutory purpose

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-45 · Convey utility systems and contract for long-term service and upgrades

Authority type: Utility privatization

Transfer military utility systems to utility entities; procure services and contribute authorized project funds toward system improvements. FY26 broadens post-conveyance monetary contributions.

Legal holder: Secretary of military department

Plans: Installation energy manager; Service energy office / ASD(EI&E)

Pairs / owns resources: Installation utility/O&M accounts or authorized project funds

Approves: Secretary concerned; Secretary of Defense approval when statute requires

Executes: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

Partner dependencies: Utility / energy-service company; DOE technical assistance; State utility regulator where required

Requirements

• Competition or valid exception
• Business-case cost-effectiveness for terms >10 years
• Reliability, resilience/cybersecurity, health/safety and utility regulation
• Authorized/appropriated improvement project for §2688(k)

Funding conditions

• Utility service appropriations; authorized MILCON contributions under(h)/(k); receipts merged into specified appropriations.

Limits and exclusions

• Service terms normally10years, up to50years on finding
• Army civil works systems excluded
• Utility ownership does not transfer military mission authority

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-46 · Anchor on-base or private energy production through long-term contracts

Authority type: Long-term energy purchase

Procure output and operation of energy-production facilities on controlled or private land; support energy/fuel agreements under incorporated geothermal authority.

Legal holder: Service Secretary with Secretary of Defense approval

Plans: Installation energy manager; Service energy office / ASD(EI&E)

Pairs / owns resources: Installation utility/O&M accounts or authorized project funds

Approves: Secretary concerned; Secretary of Defense approval when statute requires

Executes: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

Partner dependencies: Utility / energy-service company; DOE technical assistance; State utility regulator where required

Requirements

• Secretary of Defense approval of proposed contract
• Include energy security/resilience as critical factors
• Appropriate site and utility agreements

Funding conditions

• Annual appropriations may pay annual contract costs; project liability and termination provisions require review.

Limits and exclusions

• Maximum30year contract
• Not unrestricted construction or lending authority
• Environmental and technology-specific licensing still apply

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-47 · Finance efficiency improvements through energy savings performance contracts

Authority type: Performance-based energy finance

Private contractor finances conservation equipment/services in return for a share of guaranteed savings; agencies may combine appropriations and private financing.

Legal holder: Federal agency head; Secretary of Defense/authorized contracting officials

Plans: Installation energy manager; Service energy office / ASD(EI&E)

Pairs / owns resources: Installation utility/O&M accounts or authorized project funds

Approves: Secretary concerned; Secretary of Defense approval when statute requires

Executes: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

Partner dependencies: Utility / energy-service company; DOE technical assistance; State utility regulator where required

Requirements

• Guaranteed savings exceed debt service
• Annual audits/measurement and verification
• First-year funds adequate; statutory competitive selection

Funding conditions

• Payments from authorized energy/related O&M resources; permitted incentives/credits/grid revenues may support contract.

Limits and exclusions

• Maximum25years
• Annual utility-plus-contractor payment cannot exceed without-project baseline
• Not general infrastructure debt borrowing

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-48 · Accept utility rebates and obtain utility-financed conservation improvements

Authority type: Utility conservation partnerships

Participate in demand/conservation programs, accept generally available incentives, and let utilities advance eligible design/implementation costs for repayment.

Legal holder: Secretary of Defense; authorized Service Secretary

Plans: Installation energy manager; Service energy office / ASD(EI&E)

Pairs / owns resources: Installation utility/O&M accounts or authorized project funds

Approves: Secretary concerned; Secretary of Defense approval when statute requires

Executes: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

Partner dependencies: Utility / energy-service company; DOE technical assistance; State utility regulator where required

Requirements

• Cost-effective conservation/demand program
• Repayment terms no less favorable than utility’s most favored customer
• Government title to installed devices at agreed point

Funding conditions

• Repayment subject to appropriations from utility-service funds; authorized incentives accepted.

Limits and exclusions

• Incentives must be generally available and consistent with statutory goals
• Not unrestricted private gift acceptance or loan borrowing

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-49 · Sell electricity from alternate-energy and cogeneration facilities

Authority type: Energy sales and retained proceeds

Sell or authorize contractor sale of qualifying generation to utilities and credit proceeds to specified energy accounts.

Legal holder: Secretary of military department

Plans: Installation energy manager; Service energy office / ASD(EI&E)

Pairs / owns resources: Installation utility/O&M accounts or authorized project funds

Approves: Secretary concerned; Secretary of Defense approval when statute requires

Executes: DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

Partner dependencies: Utility / energy-service company; DOE technical assistance; State utility regulator where required

Requirements

• Qualifying energy/cogeneration facility or land under jurisdiction
• Prices/terms consistent with applicable utility law
• Congressional notice for funded construction

Funding conditions

• Receipts to energy appropriation; construction uses subject to appropriations and14day notification; geothermal installation uses restricted.

Limits and exclusions

• Not general commercial power enterprise authority
• Geothermal receipts split50/50 with installation special account under statute

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-52 · Fund cleanup and contract/cooperate for defense environmental remediation

Authority type: Environmental restoration

Carry out Defense Environmental Restoration Program, including offsite contamination and eligible former/Guard sites; obtain services from agencies, tribes, owners of covenant property and conservation nonprofits.

Legal holder: Secretary of Defense; designated OSD program office

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Defense-related site/response responsibility
• Consult EPA; CERCLA federal-facility requirements
• Reimbursement agreement generally no more than2years except BRAC
• FY26 PFAS destruction/disposal technologies must be cost-effective and regulator-permitted/approved

Funding conditions

• Environmental restoration/BRAC and other legally available accounts; §2703 restrictions apply.

Limits and exclusions

• Cannot reimburse regulatory enforcement through §2701(d)
• Agreement cannot change legal cleanup standards
• Not universal environmental waiver

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-53 · Support defense-dependent communities, industrial diversification and workforce infrastructure

Authority type: Community economic adjustment

Grant and cooperate with affected communities for reuse, adjustment, diversification, encroachment/resilience, public infrastructure and defense-industrial workforce support.

Legal holder: Secretary of Defense

Plans: Installation and affected community; Office of Local Defense Community Cooperation

Pairs / owns resources: OLDCC program appropriations and authorized nonfederal share

Approves: Secretary of Defense / authorized OLDCC official

Executes: OLDCC grants officials and State/local grantees

Partner dependencies: State and local governments; Eligible nonprofit member-owned utilities; Commerce / other grant agencies where relevant

Requirements

• Applicable impact/dependency or mission-risk finding
• Program criteria and nonfederal share where required
• FY26 expressly includes health care, housing and defense-critical infrastructure/services in §2391(b)(5)(B)(iv)

Funding conditions

• OLDCC appropriations; diversification implementation generally10% nonfederal share; selected funds may count toward other federal grant matching as statute permits.

Limits and exclusions

• Not a general nationwide economic development program
• Expansion thresholds and program-specific eligibility apply

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-54 · Co-fund civilian infrastructure supporting installation readiness and quality of life

Authority type: Defense-community infrastructure

Provide grants/cooperative agreements for community transport, schools, hospitals, utilities, emergency-response and other facilities, including FY26 demolition additions.

Legal holder: Secretary of Defense; OLDCC executes

Plans: Installation and affected community; Office of Local Defense Community Cooperation

Pairs / owns resources: OLDCC program appropriations and authorized nonfederal share

Approves: Secretary of Defense / authorized OLDCC official

Executes: OLDCC grants officials and State/local grantees

Partner dependencies: State and local governments; Eligible nonprofit member-owned utilities; Commerce / other grant agencies where relevant

Requirements

• Eligible State/local or nonprofit member-owned utility applicant and qualifying location/ownership
• Selection criteria and ordinarily30% contribution with statutory rural/national-security relief

Funding conditions

• Program appropriations; may remain available until expended where appropriated accordingly; appropriations allocation and grant competition still required.

Limits and exclusions

• FY26 two-year temporary priorities and allocation rules apply
• Not direct subsidy to any private developer merely near a base

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

Enterprise resources and shared execution

FIN-01 · Buy goods or services through another federal organization

Authority type: Resource coordination and financial administration

Use reimbursable interagency or intra-agency orders where the Economy Act tests are satisfied.

Legal holder: Head of agency or major organizational unit

Plans: Requiring activity; Supporting Service or Defense Agency

Pairs / owns resources: Ordering component comptroller

Approves: Ordering agency/unit head or authorized delegate

Executes: Servicing agency contracting office; Ordering activity fiscal staff

Partner dependencies: Servicing federal agency if outside DoD

Requirements

• Funds available; government best interest determination.
• Servicing agency can provide or obtain the requirement.
• Required determination that a commercial enterprise cannot provide the goods/services as conveniently or cheaply.

Funding conditions

• Cost reimbursement; permitted advance payments adjusted to actual costs.

Limits and exclusions

• The receiving agency does not erase the original procurement restrictions.
• Unperformed/uncontracted portions must be deobligated as §1535(d) requires; cannot park expiring funds.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-02 · Credit authorized reimbursements to DoD accounts

Authority type: Resource coordination and financial administration

Recover reimbursable services/supplies costs and charge fixed rates for specified facility-related overhead services.

Legal holder: Secretary of Defense and military department Secretaries; authorized component account managers

Plans: Providing DoD organization

Pairs / owns resources: Receiving appropriation/account owner

Approves: Responsible fiscal authority

Executes: Component comptroller; Disbursing and accounting offices

Partner dependencies: None specifically identified in this record

Requirements

• An authorized reimbursable service or supply transaction; credit only authorized accounts.

Funding conditions

• Credited funds have the availability period of the credited account.

Limits and exclusions

• Not a general exception permitting retention of every receipt.
• Does not itself authorize an otherwise prohibited underlying activity.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-03 · Pool interim costs in military department management funds

Authority type: Resource coordination and financial administration

Temporarily finance operations charged to two or more appropriations when costs cannot immediately be allocated.

Legal holder: Military department Secretaries; Secretary of Defense approves operation accounts

Plans: Military department shared-service program

Pairs / owns resources: Army, Navy, or Air Force Management Fund; Benefiting appropriation owners

Approves: Secretary of Defense for an operation account

Executes: Military department financial management offices

Partner dependencies: None specifically identified in this record

Requirements

• Operation financed by at least two appropriations with initially undistributable costs.
• Every obligation must be chargeable to an available appropriation; prompt reimbursement.

Funding conditions

• Statutorily established management funds; lawful advances/reimbursements, not new budget authority.

Limits and exclusions

• Not unrestricted pooled investment capital.
• Estimated costs require adjustment; advances normally obligable only in the year advanced.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-04 · Transfer funds under a specific annual transfer authority

Authority type: Resource coordination and financial administration

Shift qualifying available funds between specified accounts using enacted transfer authority—not merely the existence of §2214.

Legal holder: Secretary of Defense, with OMB approval under §8005

Plans: Mission/program sponsor

Pairs / owns resources: USD(Comptroller); Military department/Defense Agency account owners

Approves: Secretary of Defense; OMB Director; Applicable statutory congressional notification process

Executes: Component comptrollers

Partner dependencies: OMB; Congressional defense/appropriations committees

Requirements

• Applicable transfer grant must cover the source, destination, fiscal period, and amount.
• Higher-priority unforeseen military requirement; no transfer to an item Congress denied.

Funding conditions

• Source appropriation availability and current annual/CR authority must be checked; no automatic pooled defense budget.

Limits and exclusions

• §2214 supplies conditions, not an unlimited independent transfer grant.
• FY2026 §8005 ceiling is $6 billion, with specified exclusions; not a current available-balance statement.
• FY2026 §8005 also sets a June 30, 2026 multiple-reprogramming-request deadline. Continued or modified application under the FY2027 CR requires fiscal review; $6 billion is not certified FY2027 transfer headroom. CR new-start/rate restrictions remain unless an exception applies.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-05 · Resource urgent combatant-command initiatives

Authority type: Resource coordination and financial administration

Provide specified readiness, training, exercise, support, and cooperation funding through the Combatant Commander Initiative Fund.

Legal holder: Chairman of the Joint Chiefs of Staff; eligible requesting combatant commanders

Plans: Combatant command J3/J5/J8; Component forces

Pairs / owns resources: Joint Staff initiative-fund managers; Receiving component comptroller

Approves: Chairman or authorized fund approval chain

Executes: Combatant-command/supporting Service contracting and program offices

Partner dependencies: None specifically identified in this record

Requirements

• Activity must fit §166a(b) and priority/limitation provisions.
• Specific fund appropriations must be available.

Funding conditions

• Initiative Fund, in addition to other lawfully available activity funding.

Limits and exclusions

• Not general authority to capitalize firms, ignore procurement rules, or fund an activity denied authorization by Congress.
• Statute limits categories including higher-unit-cost purchases, foreign exercise expenses, and foreign training.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-06 · Accept and use qualifying institutional or beneficiary gifts

Authority type: Resource coordination and financial administration

Accept property, money, and specified services for covered DoD institutions and beneficiaries.

Legal holder: Secretary concerned

Plans: Beneficiary institution or program

Pairs / owns resources: Applicable DoD or military department General Gift Fund

Approves: Secretary concerned or permitted delegate; restricted delegation for naming rights

Executes: Institution/program administration; Property and fiscal offices

Partner dependencies: None specifically identified in this record

Requirements

• Qualifying institution/organization or wounded/injured/ill personnel, dependents, or survivors under the applicable subsection.
• Donor terms must be lawful and preserve impartiality/integrity.

Funding conditions

• Money/proceeds deposited in designated gift funds; use subject to statutory purposes and donor terms.

Limits and exclusions

• Not a general private sponsorship exception to program limits.
• Services authority is purpose-specific; foreign-government/international-organization service gifts restricted under §2601(b).

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-07 · Accept defense contributions through the Defense Cooperation Account

Authority type: Resource coordination and financial administration

Accept contributions of money/property, and specified foreign-government/international-organization services, for DoD use.

Legal holder: Secretary of Defense

Plans: Supported DoD mission owner

Pairs / owns resources: Defense Cooperation Account; Treasury

Approves: Secretary of Defense; Congress for subsequent appropriations from the account

Executes: DoD contribution-management and property offices

Partner dependencies: Treasury; Donor or contributing government

Requirements

• Required donor-condition notifications, reporting, and accounting.
• Subsequent appropriations required before account money is obligated or spent.

Funding conditions

• Contributed money and sale proceeds enter the Defense Cooperation Account.

Limits and exclusions

• Acceptance is not equivalent to spending authority.
• Property use cannot defeat an otherwise applicable prohibition.
• Permitted account investment is in U.S. or U.S.-guaranteed securities through Treasury—not unrestricted corporate equities.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-08 · Charge lawful fees for agency services or benefits

Authority type: Resource coordination and financial administration

Set fees for a service or thing of value within statutory limits, rather than impose a general tax.

Legal holder: Agency head, subject to applicable law

Plans: Service-providing component

Pairs / owns resources: Responsible fiscal office

Approves: Agency head through required fee-setting process

Executes: Authorized service and collection offices

Partner dependencies: None specifically identified in this record

Requirements

• Fair charge and legally cognizable service/benefit; account for applicable specific fee statutes.

Funding conditions

• Treasury deposit unless a specific retention statute applies.

Limits and exclusions

• General fee authority is not a power to tax the industrial base.
• Collecting a fee does not establish a right to retain and reinvest the receipts.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-09 · Settle and pay qualifying noncombat damage claims

Authority type: Resource coordination and financial administration

Resolve specified property, injury, or death claims under the Military Claims Act or applicable Federal Tort Claims Act mechanism.

Legal holder: Secretary concerned or authorized claims official; Attorney General approval/delegation where applicable

Plans: Responsible component claims/legal office

Pairs / owns resources: Applicable claims appropriation or judgment-payment mechanism

Approves: Statutorily authorized claims official; Attorney General/designee where required

Executes: Military claims offices; Agency counsel

Partner dependencies: Department of Justice when required

Requirements

• Applicable claims statute, facts, filing period, settlement delegation, and payment source.

Funding conditions

• Statute-specific payment and judgment-fund rules; no generic program discretion.

Limits and exclusions

• §2733 has a $100,000 ordinary payment ceiling with a separate excess-claim referral route; narrower delegations exist.
• Not a general business-loss bailout or voluntary commercial indemnity.
• FTCA exceptions and statutory exclusions require separate case review.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

FIN-11 · Organize common supply or service execution across Services

Authority type: Enterprise organization and shared execution

Create/designate a Defense Agency or Field Activity to perform a common supply/service function when the statutory efficiency test is met.

Legal holder: Secretary of Defense

Plans: OSD functional lead; Affected military departments

Pairs / owns resources: Affected program/budget owners

Approves: Secretary of Defense; statutory oversight/notification requirements

Executes: Designated Defense Agency or DoD Field Activity

Partner dependencies: None specifically identified in this record

Requirements

• Common supply/service activity and more effective, economical, or efficient performance.
• Assign supervision and conduct statutory budget/efficiency and combat-support reviews as applicable.

Funding conditions

• Authorized component budgets and legal resource transfers remain necessary.

Limits and exclusions

• Creating an organization does not create new substantive economic powers or funding.
• Special protections/requirements exist for named agencies, termination, and intelligence organizations.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.

Industrial capacity, capital and credit

IND-01 · Prioritize defense contracts and allocate scarce industrial resources

Authority type: Industrial priorities and allocations

Require capable suppliers to accept and prioritize national-defense orders and allocate materials, services, and facilities. This is economic mobilization authority, not a general nationalization power.

Legal holder: President; execution through applicable resource-agency delegations

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: DoD program and warranted contracting officials applying authorized ratings; resource-agency allocation officials

Partner dependencies: Commerce/BIS for industrial-resource priority system; Energy, Transportation, Agriculture, HHS, DHS as jurisdiction requires

Requirements

• National-defense purpose; applicable priority/allocation rules
• Additional findings before controlling general civilian-market distribution

Funding conditions

• An allocation direction does not supply procurement funds; underlying orders require lawful funding.

Limits and exclusions

• Does not cover employment contracts
• Civilian distribution and energy allocations have statutory findings
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-02 · Guarantee private loans for defense production capacity

Authority type: Industrial credit

The President may authorize a guaranteeing procurement agency to guarantee private-institution loans supporting essential defense production and services.

Legal holder: President; designated guaranteeing agency

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: Assigned DPA Title III executing office and warranted contracting officer; current assignment must be verified

Partner dependencies: Treasury / OMB for credit; Other resource-jurisdiction agencies as applicable; Congressional notification recipients

Requirements

• Required findings on defense essentiality, private-credit availability, cost effectiveness, repayment/security and interest unless statutory emergency exception applies
• Applicant security generally at least 20% of loan
• Large-shortfall notice and wait requirements
• For the FY26 DPA Purchases appropriation, enacted text permits Secretary of Defense obligation/expenditure as if delegated necessary DPA authorities; do not treat an Executive Order as the independent substantive grant. Transaction-specific nondelegable findings and credit limits still require review.

Funding conditions

• Advance credit-cost budget authority and statutory loan-principal limitation required; ordinary procurement money is not automatically credit subsidy authority.
• FY26 enacted DPA Purchases: $321.923M no-year. This is appropriated program amount, NOT verified remaining balance or automatic credit-principal ceiling.

Limits and exclusions

• Not general banking authority; applies to identified defense shortfalls
• Anti-Deficiency Act retained
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-03 · Make direct loans to private enterprises for productive capacity

Authority type: Industrial credit

Finance defense-related capacity, processes and essential materials, including exploration, development and mining, through DPA direct loans.

Legal holder: President or authorized delegate

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: Assigned DPA Title III executing office and warranted contracting officer; current assignment must be verified

Partner dependencies: Treasury / OMB for credit; Other resource-jurisdiction agencies as applicable; Congressional notification recipients

Requirements

• Private financing not otherwise available on reasonable terms
• Apply §4532(b)(2) national-emergency findings as written
• Aggregate shortfall threshold notification or valid waiver
• For the FY26 DPA Purchases appropriation, enacted text permits Secretary of Defense obligation/expenditure as if delegated necessary DPA authorities; do not treat an Executive Order as the independent substantive grant. Transaction-specific nondelegable findings and credit limits still require review.

Funding conditions

• Specific advance credit authority and Federal Credit Reform/appropriations treatment must be confirmed; §4532 retains the Anti-Deficiency Act.
• FY26 enacted DPA Purchases: $321.923M no-year. This is appropriated program amount, NOT verified remaining balance or automatic credit-principal ceiling.

Limits and exclusions

• Loan terms and repayment assessment required
• Not equity or unrestricted corporate rescue
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-04 · Underwrite industrial capacity through purchases, offtake commitments and targeted subsidies

Authority type: Industrial purchase commitments

Purchase industrial resources or critical technology items for use or resale, encourage mining, and support production or technology transition; conditioned subsidies can sustain threatened high-cost domestic material sources.

Legal holder: President; duly delegated execution with reserved findings

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: Assigned DPA Title III executing office and warranted contracting officer; current assignment must be verified

Partner dependencies: Treasury / OMB for credit; Other resource-jurisdiction agencies as applicable; Congressional notification recipients

Requirements

• Written essentiality, shortfall and cost-effectiveness determinations unless valid waiver
• Shortfall notices, >$50M threshold requirements and authorization/waiver analysis
• Above-market or anticipated-loss purchases require further findings
• For the FY26 DPA Purchases appropriation, enacted text permits Secretary of Defense obligation/expenditure as if delegated necessary DPA authorities; do not treat an Executive Order as the independent substantive grant. Transaction-specific nondelegable findings and credit limits still require review.

Funding conditions

• DPA Fund and advance appropriations; funds and allowable commitment liability must be present.
• FY26 enacted DPA Purchases: $321.923M no-year. This is appropriated program amount, NOT verified remaining balance or automatic credit-principal ceiling.

Limits and exclusions

• Commitments generally no more than 10 years
• DPA domestic-source eligibility is not worldwide: U.S./Canada and conditioned Australia/U.K. rule for Title III
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-05 · Install industrial equipment and improve government or private plants

Authority type: Industrial facilities and equipment

Procure/install government-owned equipment in government and private industrial facilities; modify or expand private facilities and transfer installed equipment under express DPA terms.

Legal holder: President or authorized delegate

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: Assigned DPA Title III executing office and warranted contracting officer; current assignment must be verified

Partner dependencies: Treasury / OMB for credit; Other resource-jurisdiction agencies as applicable; Congressional notification recipients

Requirements

• Finding action aids national defense
• Private owner waiver/indemnity conditions for government equipment
• Applicable Title III determinations and funding
• For the FY26 DPA Purchases appropriation, enacted text permits Secretary of Defense obligation/expenditure as if delegated necessary DPA authorities; do not treat an Executive Order as the independent substantive grant. Transaction-specific nondelegable findings and credit limits still require review.

Funding conditions

• DPA appropriations and properly authorized project instrument.
• FY26 enacted DPA Purchases: $321.923M no-year. This is appropriated program amount, NOT verified remaining balance or automatic credit-principal ceiling.

Limits and exclusions

• Does not convey an unrestricted real-estate investment mandate
• Private new-facility construction language is more explicit in §4817(i)(4) than in DPA §4533(e)
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-06 · Organize supervised voluntary industry agreements with limited antitrust defense

Authority type: Industry coordination

Establish voluntary agreements and plans for defense preparedness, with statutory safeguards that can protect conforming actions from antitrust liability.

Legal holder: President or qualifying Senate-confirmed designee; Attorney General has required findings role

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: Assigned DPA Title III executing office and warranted contracting officer; current assignment must be verified

Partner dependencies: Attorney General / DOJ Antitrust Division; Federal Trade Commission; Representative industry participants

Requirements

• Defense-threat finding
• Attorney General/FTC consultation, approvals, rules, notices, records and supervision
• Agreement certified necessary; AG finds less anticompetitive alternative inadequate

Funding conditions

• Administrative resources and any separately authorized transactions require lawful funds.

Limits and exclusions

• No general immunity for industry coordination
• Five-year agreement duration unless renewed
• §4558 is expressly excepted from DPA general sunset

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-07 · Compel industrial information needed to administer DPA authorities

Authority type: Industrial-base information

Obtain reports, inspect records, and issue subpoenas for information necessary to administer or enforce the DPA.

Legal holder: President / authorized delegate; courts enforce subpoenas

Plans: USD(A&S) / Industrial Base Policy / WIRE; Military Department capability and supply-chain sponsors

Pairs / owns resources: DPA Fund / DPA Purchases account; DoD Comptroller

Approves: President / authorized statutory delegate; nondelegable findings retained where applicable

Executes: Assigned DPA Title III executing office and warranted contracting officer; current assignment must be verified

Partner dependencies: Commerce/BIS industrial-base assessment offices; DoD General Counsel; DOJ and Federal courts for enforcement

Requirements

• Information necessary or appropriate to DPA administration
• Confidentiality and counsel protections
• Applicable delegation and judicial enforcement procedures

Funding conditions

• Administrative appropriations; no independent production-investment budget created.

Limits and exclusions

• Not a general counterintelligence search or law-enforcement warrant power
• Protected business information cannot simply be published
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: DPA operative 2024 text read and compared with OLRC September 2026 entries; Pub. L. 119-103, div. B §2004 extends §4564 to Dec. 11, 2026. Pub. L. 119-60 §862 removes statutory barriers to changing the Air Force Executive Agent, not itself a replacement designation.

IND-08 · Finance or refinance dual-use critical technology with OSC direct loans

Authority type: Technology credit

Provide loans for eligible investments in enumerated covered technology categories; the legal form is capital assistance, not an unrestricted equity fund.

Legal holder: Secretary of Defense acting through OSC Director

Plans: OSC investment and credit teams; Technology and acquisition requirement sponsors

Pairs / owns resources: DoD Credit Program Account / OSC; DoD Comptroller

Approves: Secretary of Defense and OSC Director as specified in §149

Executes: OSC Director and credit transaction team

Partner dependencies: Private lenders and eligible entities; Treasury / OMB credit-scoring officials; DoD legal counsel

Requirements

• Eligible entity and covered dual-use technology, not solely defense application
• At least 80% nonfederal capital for the specific technology at investment time
• Creditworthiness, reasonable repayment assurance and selection criteria

Funding conditions

• Advance appropriations specifically providing credit assistance; Federal Credit Reform cost and DoD Credit Program Account. A headline lending ceiling is not cash available.
• Enacted FY26 credit appropriation $97.770M no-year with $4.390B principal ceiling. FY25 reconciliation separately supplied $500M minerals-focused and $1B general capital-assistance funding through Sep.30,2029, each with $100B principal ceiling. These are statutory amounts, not remaining balances; do not simply add ceilings into deployable cash.

Limits and exclusions

• New loans and technical-assistance authority expire Oct. 1, 2028
• Direct-loan term up to 50 years
• Treasury benchmark interest and nonsubordination rules have specific waivers

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 10 USC149 2024 text read; FY26 §§905–906 amendments read in full; OLRC current entry shows laws effective Sept.28,2026.

IND-09 · Guarantee private loans for OSC-eligible investments

Authority type: Technology credit

OSC can guarantee loans for eligible investments with established private-lender rates, stated guaranteed principal percentage and credit controls.

Legal holder: OSC Director, within Secretary of Defense program authority

Plans: OSC investment and credit teams; Technology and acquisition requirement sponsors

Pairs / owns resources: DoD Credit Program Account / OSC; DoD Comptroller

Approves: Secretary of Defense and OSC Director as specified in §149

Executes: OSC Director and credit transaction team

Partner dependencies: Private lenders and eligible entities; Treasury / OMB credit-scoring officials; DoD legal counsel

Requirements

• Eligible dual-use technology and entity
• Loan guarantee agreement and credit assessment
• Congressional notification within 30 days of use

Funding conditions

• Specific credit subsidy and principal authority in appropriations; DoD Credit Program Account and Federal Credit Reform Act.
• Enacted FY26 credit appropriation $97.770M no-year with $4.390B principal ceiling. FY25 reconciliation separately supplied $500M minerals-focused and $1B general capital-assistance funding through Sep.30,2029, each with $100B principal ceiling. These are statutory amounts, not remaining balances; do not simply add ceilings into deployable cash.

Limits and exclusions

• No new guarantees after Oct. 1, 2028 absent extension
• §149(d) 80% rule is expressly written for direct-loan investments, not a blanket guarantee percentage rule
• Guarantee is not purchase of stock

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-10 · Support financial structuring, due diligence and credit servicing

Authority type: Financial technical assistance

Provide technical assistance to OSC applicants/recipients; charge limited transaction fees, accept specified professional services, and use other agencies’ personnel/facilities by agreement.

Legal holder: OSC Director

Plans: OSC investment and credit teams; Technology and acquisition requirement sponsors

Pairs / owns resources: DoD Credit Program Account / OSC; DoD Comptroller

Approves: Secretary of Defense and OSC Director as specified in §149

Executes: OSC Director and credit transaction team

Partner dependencies: Private lenders and eligible entities; Treasury / OMB credit-scoring officials; DoD legal counsel

Requirements

• Assistance tied to eligible investments
• Fees limited to specified credit-administration and third-party transaction costs
• Other-agency consent for shared services

Funding conditions

• Subject to appropriations; fees deposited into Credit Program Account with no-year availability but restricted purposes.
• Enacted FY26 credit appropriation $97.770M no-year with $4.390B principal ceiling. FY25 reconciliation separately supplied $500M minerals-focused and $1B general capital-assistance funding through Sep.30,2029, each with $100B principal ceiling. These are statutory amounts, not remaining balances; do not simply add ceilings into deployable cash.

Limits and exclusions

• Fees may not pay DoD civilian salaries/expenses or unrelated activities
• New technical assistance ends Oct. 1, 2028; servicing/fees on outstanding loans continue as provided

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-11 · Convene public/private capital and vet agency investment transactions

Authority type: Capital coordination

A National Security Capital Forum connects financiers, firms, partner nations and agencies and acts as a clearinghouse for potential loan/equity transactions by agencies with their own authorities.

Legal holder: Secretary of Defense; OSC Director chairs

Plans: OSC investment and credit teams; Technology and acquisition requirement sponsors

Pairs / owns resources: DoD Credit Program Account / OSC; DoD Comptroller

Approves: Secretary of Defense and OSC Director as specified in §149

Executes: OSC Director and credit transaction team

Partner dependencies: Domestic and international financiers; Partner-nation government/private entities; ASD(Industrial Base Policy), DLA Director, DoD General Counsel

Requirements

• Participant vetting, conflicts procedures and required operating guidance
• Include Industrial Base Policy, DLA Director and DoD General Counsel

Funding conditions

• Administrative appropriations; each transaction must carry its own substantive authority and funds.

Limits and exclusions

• Forum coordination is not itself authority to buy equity or obligate another agency’s money
• Expanded clearinghouse provisions sunset Dec.31,2035

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-12 · Fund supply-chain capacity and workforce through grants and agreements

Authority type: Industrial capacity assistance

Use contracts, grants, cooperative agreements and other transactions; provide private-sector incentives to create, maintain, protect, expand or restore essential domestic industrial-base capabilities. Express eligible uses include workforce, facilities and production infrastructure.

Legal holder: Secretary of Defense; Fund control assigned by §4817(b) to USD(A&S) through named industrial-base office

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument

Funding conditions

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

Limits and exclusions

• Purpose-limited supply-chain program, not general economic development
• New authorities sunset Dec.31,2035

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted Pub. L.119-60 §867 read, corroborated by OLRC §4817 prelim; new (g)–(m) provisions sunset Dec.31,2035; five-year third-party award subauthority is shorter.

IND-13 · Award funding to third-party investment entities for small and medium firms

Authority type: Intermediated industrial investment

Make awards to intermediaries supporting investments in small/medium entities working in defense-interest areas that benefit DoD missions.

Legal holder: Secretary of Defense

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument

Funding conditions

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

Limits and exclusions

• Authority runs only for five years beginning Dec.18,2025
• This text expressly authorizes third-party investment awards; it does not expressly enumerate a general direct government equity portfolio

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted Pub. L.119-60 §867 read, corroborated by OLRC §4817 prelim; new (g)–(m) provisions sunset Dec.31,2035; five-year third-party award subauthority is shorter.

IND-14 · Offset market manipulation and sustain strategic-material supplies

Authority type: Market-shaping incentives

Provide subsidies to offset market manipulation; use conditioned material subsidy payments, including loss-making resale or purchase commitments, for specified supply risks.

Legal holder: Secretary of Defense

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument
• Apply high-cost-source or temporary-transport-cost findings for §4817(i)(3)

Funding conditions

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

Limits and exclusions

• No covered-country source subsidies under §4817(i)(3)
• Above-market/loss commitments require inability to secure better terms or overseas-supply necessity findings
• Not a general tariff, sanction or price-control authority

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted Pub. L.119-60 §867 read, corroborated by OLRC §4817 prelim; new (g)–(m) provisions sunset Dec.31,2035; five-year third-party award subauthority is shorter.

IND-15 · Create durable demand through industrial-base offtake commitments

Authority type: Industrial purchase commitments

Make purchase commitments for federal use or resale, critical-mineral development, components, production capacity and dual-use technology transition.

Legal holder: Secretary of Defense

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument
• Document terms, exposure and statutory above-market/anticipated-loss findings

Funding conditions

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

Limits and exclusions

• Commitment term no more than 10 years
• New provisions sunset Dec.31,2035; contract survival/obligation mechanics need transaction review

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted Pub. L.119-60 §867 read, corroborated by OLRC §4817 prelim; new (g)–(m) provisions sunset Dec.31,2035; five-year third-party award subauthority is shorter.

IND-16 · Construct and improve private or government industrial facilities

Authority type: Industrial infrastructure

Expressly procure/install equipment, construct private facilities, modify production processes, transfer government equipment and construct facilities for eligible supply chains.

Legal holder: Secretary of Defense

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument
• Secretary determines action aids U.S. defense interests

Funding conditions

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

Limits and exclusions

• No free-standing commercial real-estate speculation authority
• Project land rights, environmental rules and fund availability remain action-specific

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted Pub. L.119-60 §867 read, corroborated by OLRC §4817 prelim; new (g)–(m) provisions sunset Dec.31,2035; five-year third-party award subauthority is shorter.

IND-17 · Qualify substitutes, restrict sourcing to reliable sources and create reserves

Authority type: Industrial supply resilience

Support material/component substitutes and production incentives; use reliable-source restrictions, stockpiles, reserves and lead-time planning. Excess acquired materials may transfer to National Defense Stockpile without acquisition reimbursement.

Legal holder: Secretary of Defense

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument
• Reliability definition in §4817(m)(2); national-security finding for substitutes
• Public-interest determination for excess transfer

Funding conditions

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

Limits and exclusions

• No blanket waiver of acquisition restrictions
• Incidental transfer costs paid/reimbursed by receiving stockpile/reserve
• New provisions sunset Dec.31,2035

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted Pub. L.119-60 §867 read, corroborated by OLRC §4817 prelim; new (g)–(m) provisions sunset Dec.31,2035; five-year third-party award subauthority is shorter.

IND-18 · Use a time-limited industrial innovation pilot for credit and third-party debt/equity investment

Authority type: Industrial innovation pilot

An uncodified pilot expressly lists loans, guarantees, purchase commitments, cost-sharing and third-party awards supporting debt/equity investment in small/medium manufacturers.

Legal holder: Secretary of Defense

Plans: USD(A&S) / Industrial Base Policy / Industrial Base Resilience / WIRE; Military Department and COCOM requirement sponsors

Pairs / owns resources: Industrial Base Fund / IBAS program; DoD Comptroller and component funding sponsors

Approves: Secretary of Defense or lawfully authorized delegate

Executes: WIRE/IBAS program and assigned warranted contracting or agreements officer

Partner dependencies: Industry / eligible intermediaries; DoD General Counsel and fiscal counsel

Requirements

• Pilot supports military manufacturing or emerging defense/commercial technologies
• Use applicable underlying contracting, OT or other lawful authorities and credit appropriations

Funding conditions

• No inferred appropriation or revolving authority; credit assistance requires credit-law analysis.

Limits and exclusions

• Pilot terminates Dec.31,2026
• Express third-party equity support does not establish unlimited direct Treasury equity acquisition
• Existing credit subsidy/principal authority must be identified

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Time-limited statutory pathway; operating program, credit budget authority, and new-award feasibility not verified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-55 · Allow covered private borrowing costs in production and sustainment contracts

Authority type: Contractor financing-cost recovery

A discretionary pilot permits reasonable market-rate interest, bond discounts and capital refinancing costs to become allowable and allocable direct or indirect costs for covered inventory-management and capacity-expansion contracts. The financing is supplied by an independent financing entity; this is not a new DoD direct-loan or guarantee program.

Legal holder: Secretary of Defense

Plans: DoD acquisition and program sponsors; Defense Pricing, Contracting, and Acquisition Policy / Price, Cost and Finance directorate (relevant policy office; pilot-specific assignment unverified)

Pairs / owns resources: Component covered-contract budget and resource sponsor

Approves: Secretary of Defense for pilot establishment; authorized officials under any resulting implementation

Executes: Covered-contract contracting and pricing teams under implemented pilot

Partner dependencies: Independent financing entity; Contractor and subcontractors; Material/inventory audit officials; Congressional defense committees

Requirements

• Secretary establishes pilot after briefing congressional defense committees on material/inventory audit compliance
• Covered activity manages production or sustainment inventories, or materially expands production/sustainment capacity through capital expenditure
• Cost paid to independent Federal/State-organized financing entity engaged in financing business; not under common control with borrower
• Financing costs reasonable and consistent with market rates; material/inventory management audit requirements satisfied

Funding conditions

• Contract payments subject to availability of appropriations for purpose; financing-cost allowability does not itself provide funds or create government credit subsidy authority.

Limits and exclusions

• No authorization of financing-cost treatment for covered contracts entered on or after Dec.31,2029
• Government termination liability capped at funding obligated when terminated
• Financing entity is not a subcontractor solely by participating
• Pilot establishment and current implementation guidance not verified

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Enacted discretionary pilot authority; establishment, implementing procedures and transaction funding must be verified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted FY26 NDAA §803 read; applies only to covered contracts entered before Dec.31,2029. Report due Feb.15,2028 if pilot established.

Intellectual property and technology transfer

ACQ-11 · Exchange laboratory resources and receive partner funding through CRADAs

Authority type: Technology transfer

Collaborate with nonfederal parties using laboratory staff, facilities, equipment and IP; accept and retain partner funds and negotiate invention rights.

Legal holder: Federal agency authorizing laboratory directors; military-department Secretaries and Secretary of Defense/DARPA may permit FFRDC directors

Plans: Laboratory scientific lead and Office of Research and Technology Applications

Pairs / owns resources: Laboratory director and sponsoring component budget owner

Approves: Laboratory director and agency approver as statute/delegation requires

Executes: Laboratory ORTA, counsel and authorized agreement official

Partner dependencies: Industry, universities, nonprofit and government collaborators within eligibility limits

Requirements

• Specified joint R&D consistent with laboratory mission; agency approval/joint-work-statement rules for contractor-operated labs.
• Small-business consideration, U.S.-manufacturing preference and foreign reciprocity factors.

Funding conditions

• Partner funds may be accepted, retained and used for collaboration; lab supplies authorized in-kind resources.

Limits and exclusions

• CRADA expressly does not permit providing federal funds to nonfederal collaborator. Use a separately justified grant, contract or OT if paying the partner.
• Government retained licenses, confidentiality, conflict-of-interest and exceptional license-intervention provisions apply.

Coordination path: Technical lead → ORTA/counsel → laboratory director/required agency approval → signed CRADA with contribution and IP schedule.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-14 · Use partnership intermediaries to connect labs, firms and universities

Authority type: Technology transfer

Contract or enter qualifying agreements with state/local-associated intermediary organizations for technology-transfer and cooperative-activity support.

Legal holder: Agency-approved federal laboratory director; FFRDC contracting officer where specified; authorized STRL Center director

Plans: Laboratory scientific lead and Office of Research and Technology Applications

Pairs / owns resources: Laboratory director and sponsoring component budget owner

Approves: Laboratory director and agency approver as statute/delegation requires

Executes: Laboratory ORTA, counsel and authorized agreement official

Partner dependencies: Industry, universities, nonprofit and government collaborators within eligibility limits

Requirements

• Intermediary must meet statutory state/local government or associated nonprofit definition.
• Services increase likelihood of successful cooperative/joint activity; Center statute also supports inward technology transfer and critical workforce development.

Funding conditions

• Technology-transfer support funds under 15 U.S.C. §3715; relevant Center support funds and instrument controls.

Limits and exclusions

• Not every private accelerator/consultant qualifies.
• An intermediary agreement does not give it unlimited subaward or contracting powers.

Coordination path: ORTA identifies collaboration need → counsel verifies intermediary status and scope → agency approval → director/agreement official engages intermediary.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-28 · License federally owned inventions to commercialize technology

Authority type: Intellectual property & technology transfer

Obtain/protect federal patents and grant nonexclusive, exclusive or partially exclusive licenses, royalty-free or for consideration, while retaining government-use rights.

Legal holder: Federal agency holding invention rights; authorized agency/laboratory licensing officials

Plans: Laboratory scientific lead and Office of Research and Technology Applications

Pairs / owns resources: Laboratory director and sponsoring component budget owner

Approves: Laboratory director and agency approver as statute/delegation requires

Executes: Laboratory ORTA, counsel and authorized agreement official

Partner dependencies: Industry, universities, nonprofit and government collaborators within eligibility limits

Requirements

• Exclusive scope must be reasonably necessary for commercialization, support public interest and avoid anticompetitive effects.
• Development/marketing plan; ordinarily substantial U.S. manufacturing; small-business preference if equally capable.

Funding conditions

• License royalties/consideration per agreement; retention/distribution requires separate applicable authority such as 15 U.S.C. §3710c.

Limits and exclusions

• Government retains paid-up license and termination protections.
• Exclusive/partially exclusive license ordinarily requires 15-day public notice; CRADA invention exception applies.

Coordination path: ORTA identifies invention → IP counsel confirms government rights → commercialization and competition review → authorized licensing official.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-29 · Buy patents, copyrights, software, technical data and infringement releases

Authority type: Intellectual property & technology transfer

Acquire ownership/licensing rights, technical/design/process data and software useful to military-department supplies or processes, including releases for past infringement.

Legal holder: Military-department authorities spending eligible supply-procurement funds

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Acquisition relates to supplies/processes produced, used or useful to the military department.
• Negotiate precise data, patent, copyright and software rights needed.

Funding conditions

• Appropriations available for making or procuring supplies may be used.

Limits and exclusions

• Buying an item does not automatically buy its IP, source code or manufacturing data.
• Release of past claims is distinct from unrestricted future commercial exploitation.

Coordination path: Program defines rights/deliverables → Service IP counsel and contracting officer → valuation/licensing negotiation → funded agreement.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. OLRC indexed §3793 text dated 2026-09-27.

ACQ-30 · Retain government-use rights and conditionally intervene in federally funded inventions

Authority type: Intellectual property & technology transfer

Under covered small-business/nonprofit funding agreements, allow contractor title while retaining a paid-up government license; invoke statutory march-in only on specified findings.

Legal holder: Funding federal agency, with specified agency-head decisions

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Subject invention and applicable funding agreement; disclosure/title-election/patent conditions.
• March-in requires failure of practical application, unmet health/safety or regulatory public-use need, or U.S. manufacturing-agreement violation.

Funding conditions

• Government license follows covered research funding; exercising it still requires money for procurement/use.

Limits and exclusions

• Not general power to seize all privately developed patents, cap market prices, or obtain proprietary manufacturing know-how.
• March-in includes administrative process and judicial review; some determinations stayed through appeal.

Coordination path: Award officer documents subject invention → IP counsel verifies license or march-in predicate → agency process/decision → licensed performer.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-31 · Use patented inventions for the government with compensation liability

Authority type: Intellectual property & technology transfer

28 U.S.C. 1498 supplies a compensation remedy against the United States for patented inventions used/manufactured by or for it without license; contractor protection requires government authorization or consent.

Legal holder: United States acting through authorized program/contracting officials; Court of Federal Claims adjudicates compensation

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Government use/manufacture or authorized/consented contractor use.
• Analyze patent, location and remedy prerequisites with IP counsel.

Funding conditions

• Plan for compensation exposure; funding and any settlement/judgment payment route require fiscal review.

Limits and exclusions

• Not confiscation of patent ownership or general permission for private-market sales.
• Does not compel access to trade secrets/technical data; claims arising in foreign countries excluded.
• Compensation is required; copyright has separate §1498(b) conditions.

Coordination path: Program identifies government need → IP counsel compares license purchase and §1498 exposure → authorized contracting action → DOJ/Court of Federal Claims if disputed.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. OLRC indexed text dated 2026-09-17; no judicial expansion assumed.

ACQ-32 · Obtain and enforce technical-data rights for competition, repair and integration

Authority type: Technical data & sustainment

Acquire negotiated data rights, enforce federally funded rights, challenge unsupported restrictions, and use specified private-data exceptions for emergency repair or integration.

Legal holder: Secretary of Defense; program manager and authorized contracting officer for contractual rights/challenges

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Assess development funding, data category, contract deliverables and actual rights.
• FY26 §805 requires distinguishing missing contract-required data from additional desired data and negotiating options/licenses/escrow for the latter.

Funding conditions

• Purchase/license additional rights where necessary; funding does not automatically erase private rights.

Limits and exclusions

• Private-expense data generally protected; statutory exceptions and negotiated rights are not ownership of all contractor IP.
• Data-rights license and actual delivery/access are separate requirements; follow restriction-challenge procedures.

Coordination path: Sustainment/engineering identifies data gap → contracting/IP counsel audits existing rights and deliverables → enforce owed data or negotiate additional rights → authorized maintainers.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-55 · Retain licensing royalties and reinvest in inventors and laboratory missions

Authority type: Technology transfer

Retain laboratory invention licensing receipts, reward inventors and eligible contributors, and reinvest statutory balances in technology transfer, workforce and mission research.

Legal holder: Agency or laboratory head and designated distribution officials

Plans: Laboratory scientific lead and Office of Research and Technology Applications

Pairs / owns resources: Laboratory director and sponsoring component budget owner

Approves: Laboratory director and agency approver as statute/delegation requires

Executes: Laboratory ORTA, counsel and authorized agreement official

Partner dependencies: Industry, universities, nonprofit and government collaborators within eligibility limits

Requirements

• Receipts must arise from covered invention licensing/assignment; required inventor distribution and permitted-use rules.

Funding conditions

• Balance generally available in receipt year and two succeeding fiscal years; statutory inventor share and distribution rules precede reinvestment.

Limits and exclusions

• Not unrestricted profit retention: residual amounts, excess-receipt shares and expired balances go to Treasury.
• Individual annual reward ceiling and Presidential exception apply.

Coordination path: ORTA/license administrator collects royalties → agency/lab fiscal officials distribute statutory shares → director funds eligible mission activities → return required balances.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

Intelligence, counterintelligence and security

INT-30 · Finance foreign cryptologic-support arrangements

Authority type: Intelligence partnership finance

Pay expenses of foreign-country cryptologic arrangements with available intelligence/communications appropriations or qualifying other funds.

Legal holder: Secretary of Defense.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: Available intelligence/communications appropriations; Qualifying nonappropriated foreign-support funds

Approves: Secretary of Defense or verified authorized delegate

Executes: NSA/CSS and authorized cryptologic support resource/agreement offices

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Qualifying foreign cryptologic-support arrangement; intelligence-committee reporting.

Funding conditions

• Distinct appropriated and nonappropriated branches; account/receipt source must be validated.

Limits and exclusions

• Other funds cannot support a purpose Congress denied or principally benefit the United States.
• Sale proceeds restricted to similar replacement cryptologic items.
• Spending flexibility does not independently authorize intelligence collection methods.

Coordination path: Cryptologic requirement → NSA mission/legal/finance → SecDef authorization → partner arrangement and congressional reporting.

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

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.

INT-31 · Reuse proceeds of authorized counterintelligence operations

Authority type: Counterintelligence operational finance

Offset necessary/reasonable operation costs and exceptional performance awards with proceeds when appropriated funding would be impracticable.

Legal holder: Secretary of Defense; applies to military-department components and DIA.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: Appropriate NIP/MIP program/resource owner and agency comptroller

Approves: Statutory holder; specific delegation must be confirmed; Agency general counsel and intelligence oversight officials

Executes: Authorized Military Department CI components; DIA counterintelligence program and fiscal offices

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Authorized underlying counterintelligence operation.
• SecDef authorization and finding of impracticability of appropriated funds; internal accounting controls.

Funding conditions

• Express limited exception to 31 USC3302 receipts rule.

Limits and exclusions

• Necessary/reasonable expenses must not otherwise be prohibited by law.
• Net proceeds no longer needed for operation must be deposited as miscellaneous receipts.
• Does not grant general commercial-enterprise or intelligence-operation authority.

Coordination path: CI operation sponsor → legal/fiscal justification → SecDef/valid delegate → controlled receipts use and residual Treasury deposit.

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

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.

INT-32 · Create and operate commercial arrangements to protect authorized foreign intelligence collection

Authority type: Intelligence commercial activities

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

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

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: Appropriate NIP/MIP program/resource owner and agency comptroller

Approves: Secretary/Deputy Secretary for sensitive activities; Other authorized officials within §433/436 delegation limits

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

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• 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.

Funding conditions

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

Limits and 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.

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

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

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.

INT-33 · Pay confidential, extraordinary or emergency intelligence expenses

Authority type: Intelligence special expenditure

Use separate express expenditure mechanisms for MIP intelligence/CI and DIA NIP human-intelligence/CI purposes.

Legal holder: Secretary of Defense for MIP; Director DIA for specified DIA NIP amounts.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: MIP intelligence/CI funds; DIA NIP HUMINT/CI funds

Approves: Secretary of Defense: MIP >$200k expenditure cannot be delegated; Director DIA: statutory NIP certification

Executes: MIP program finance officials; DIA NIP HUMINT/CI finance officials

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Confidential/extraordinary/emergency object and certification for each expenditure.
• Above five percent of relevant fiscal-year amounts requires notice and 30-day wait; annual reports.

Funding conditions

• Only amounts made available to specified intelligence programs; no independent funding stream.

Limits and exclusions

• Different MIP/NIP authorities and bases must not be mixed.
• Expenditure flexibility is not an independent authority to conduct activities otherwise unlawful.
• §429a is exclusive MIP authority for these objects, rather than §127.

Coordination path: Intelligence mission need → proper MIP/NIP account → legal/object certification → statutory approval/notice → controlled disbursement and reporting.

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

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.

INT-34 · Consolidate and transfer Defense intelligence appropriations into execution accounts

Authority type: Intelligence resource administration

Establish intelligence-element transfer accounts, receive lawful DNI transfers and reimbursements, and refund balances to originating accounts.

Legal holder: Secretary of Defense.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: Appropriate NIP/MIP program/resource owner and agency comptroller

Approves: Secretary of Defense/authorized fiscal official; DNI for transfers under own statutory authority

Executes: Defense intelligence element comptrollers; DoD/Treasury accounting and payment organizations

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Funds already available for Defense intelligence activities; lawful underlying inter-entity transactions.
• Record transfers as expenditure transfers.

Funding conditions

• Transfer/account administration authority only; not new budget authority.

Limits and exclusions

• Funds retain original time, purpose and statutory limits.
• No permission to reprogram to unrelated objects or evade appropriations controls.

Coordination path: Program resource allocation → intelligence element/DoD comptroller → lawful transfer account → retained-limitation tracking and payment.

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

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.

INT-35 · Accept foreign funding for joint military intelligence collection and analysis

Authority type: Intelligence partnership finance

DIA may accept and spend partner contributions to share expenses of joint/combined military intelligence collection and analysis.

Legal holder: Director of DIA in coordination with DNI.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: Accepted foreign-partner funds for shared activities

Approves: Director DIA; Director of National Intelligence coordination

Executes: DIA authorized partnership and finance offices

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Joint/combined military intelligence activity and partner expense sharing.
• Annual reports identifying partners and purposes.

Funding conditions

• Specific foreign-partner receipts; statutory acceptance/expenditure authority ends2028-12-31.

Limits and exclusions

• Cannot spend for a purpose Congress previously denied or acquire items/services solely for U.S. benefit.
• Public law does not create blanket operational intelligence powers or unrestricted donations authority.

Coordination path: DIA partner requirement → DNI coordination and legal/fiscal review → contribution arrangement → joint-expense accounting/reporting.

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

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

Currentness: Enacted PL118-31§1621 reproduced in GovInfo2024 chapter21 note read; corroborated OLRC current indexed chapter21 front matter. Sunset2028-12-31; later amendment delta not certified.

INT-36 · Protect classified contractor information and mitigate foreign ownership risks

Authority type: Industrial security and counterintelligence

Conduct industrial-security functions, assist other agencies, and integrate DCSA FOCI assessment with acquisition responsibility, contract conditions and oversight.

Legal holder: Secretary of Defense; USD(A&S)/DCSA responsibilities in §4819; USD(I&S) security oversight under §137.

Plans: USD(I&S) CL&S; USD(A&S) and Service acquisition executives; Contract/program risk sponsor

Pairs / owns resources: Program/acquisition security funds; DCSA program resource owner

Approves: Statutory/appointed acquisition decision-maker and contracting officer; DCSA security determination officials within documented delegations

Executes: DCSA Industrial Security and CI/Insider Threat directorates; Service CI: ACIC, NCIS, AFOSI; DCMA/DCAA and program contracting offices as relevant

Partner dependencies: FBI for its domestic CI/criminal jurisdiction; Treasury-led CFIUS where covered transaction; Contractor security and beneficial-ownership officials

Requirements

• Classified-contractor scope under §428; separate §847 covered-contractor threshold generally exceeds$5m.
• Commercial-product/service exemptions to specified §847 requirements unless senior official applies them for national-security risk.
• Use appropriate disclosure, assessment, mitigation and contract procedures.

Funding conditions

• Available security/acquisition resources; legislation requires sufficient resources but does not itself appropriate them.

Limits and exclusions

• DCSA is not a general regulator of every U.S. company or substitute for CFIUS.
• FOCI finding is not identical to a criminal offense.
• Statutory mandate does not prove implementing rule or capacity fully operational; see audit.

Coordination path: Program/contractor risk → DCSA and Service CI → acquisition/counsel decision → mitigation or permissible contract action → FBI/CFIUS referral when their powers needed.

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

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. OLRC §4819 snapshot dated2026-09-28 read in index; GAO-26-107861 distinguishes implementation/resource gaps from missing legal authority.

INT-37 · Obtain narrowly authorized financial records or consumer reports for intelligence/counterterrorism

Authority type: Financial intelligence support

Invoke statutory financial-privacy exceptions for authorized foreign-intelligence/CI requests and the separate consumer-report disclosure power for authorized international-terrorism work.

Legal holder: Authorized government agency and designated certifying supervisory official; DoD element must establish its underlying authorized function.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: Appropriate NIP/MIP program/resource owner and agency comptroller

Approves: Designated supervisory certifying official; Agency counsel and oversight review

Executes: Properly authorized Defense CI/intelligence element and trained records-request officials

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Specific authorized foreign intelligence/CI or international-terrorism purpose as statute requires.
• Specific customer/entity/account identifier; written statutory certification and review/notice safeguards.

Funding conditions

• Normal lawful intelligence/CI program funding; no special financial subsidy authority.

Limits and exclusions

• 12 USC3414(a)(5) mandatory financial-institution compliance power is specifically FBI; do not infer identical compulsory bank-record power for DoD from(a)(1).
• 15 USC1681v applies to international terrorism, not generic business intelligence or contractor market research.
• Judicial review and applicable privacy/civil-liberties protections remain.

Coordination path: Authorized requirement → CI/intelligence counsel → precise statutory request and certification → lawful recipient response/review → controlled use/dissemination.

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

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

Currentness: GovInfo2024 Title12 chapter35 and Title15 chapter41 subchapterIII full statutory texts read; OLRC §3414 indexed snapshot2026-09-20. No extension-dependent FISA power is claimed.

INT-41 · Fund cryptologic research by private individuals and institutions

Authority type: Intelligence research and information partnerships

NSA grants support cryptologic research under an agency-specific express statutory grant authority.

Legal holder: Director of the National Security Agency.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: NSA appropriations available for cryptologic research grants

Approves: Director NSA or documented lawful approval chain

Executes: NSA research and grants offices

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Director determines grant clearly consistent with national security.
• Federal grant/cooperative-agreement framework applies to extent consistent with NSA information-protection statute.

Funding conditions

• Effective only to extent appropriated funds available.

Limits and exclusions

• Cryptologic research purpose; not unrestricted business investment or general scholarship power.

Coordination path: Research requirement → NSA research/grants office → national-security determination → funded grant and oversight.

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

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.

INT-42 · Exchange geospatial data and recycle map-sale receipts into foreign licensing fees

Authority type: Intelligence research and information partnerships

NGA can exchange/furnish mapping, charting and geomatics data/services under agreements and use map/publication sale proceeds for foreign data-acquisition fees.

Legal holder: Secretary of Defense authorizing NGA; Director NGA has specified withholding role.

Plans: USD(I&S) PREM and Warfighter Support: requirements/resource coordination; Relevant Defense intelligence element mission sponsor

Pairs / owns resources: NGA program funds; Specified sale proceeds available for foreign data licensing

Approves: Secretary of Defense or documented delegate; NGA data-release/security officials

Executes: NGA geospatial partnerships, acquisition and financial offices

Partner dependencies: DNI for NIP matters; Relevant CCMD J2 and Service intelligence staff; FBI/CIA or State only where required by the activity

Requirements

• Qualifying production/exchange agreement; NGO/academic exchanges concern areas outside United States.
• Pricing/release decisions and security/international-agreement restrictions.

Funding conditions

• Express map-sale receipts availability for specified licensing fees; other activities need normal funds.

Limits and exclusions

• Not unrestricted sale or release of classified or protected geospatial data.
• Proceeds authority is limited to foreign data-acquisition fees, not general reinvestment.

Coordination path: NGA requirement → data/partner and rights review → approved agreement/price → exchange or license-fee payment.

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

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. §454 OLRC indexed text through2026-09-29; full GovInfo2024 Chapter22 read.

International business, logistics and investment

INT-01 · Jointly research and develop conventional defense technology with allies and friendly partners

Authority type: International research and acquisition

Enter cooperative R&D agreements, share cash and noncash project costs, and acquire domestic or foreign equipment for side-by-side testing.

Legal holder: Secretary of Defense; conventional-capability and unequal-cost-sharing determinations delegable only to listed senior officials.

Plans: Service acquisition program/laboratory international-cooperation staff; CCMD capability sponsor

Pairs / owns resources: Military Department or Defense Agency program manager and comptroller

Approves: Secretary of Defense or validly delegated official; Department of State where statute or agreement process requires

Executes: Service international programs offices and warranted contracting/agreement officers; Relevant program executive office or laboratory

Partner dependencies: USD(A&S), USD(R&E), USD(P)/DTSA; Foreign defense ministries or NATO organizations

Requirements

• Eligible NATO, major non-NATO ally, friendly-country or EU participant; formal agreement.
• Determine improvement of common conventional defense capabilities through emerging technology.
• Other friendly-country agreement: congressional report and 30-day wait.
• Equitable cost sharing, or written strategic-value determination for unequal sharing.

Funding conditions

• U.S. share needs available purpose-appropriate funds; foreign shares may use §2350i.

Limits and exclusions

• Partner may not fund its contribution with U.S. military/economic assistance.
• Project funds under this authority may not procure equipment/services from foreign entities; distinguish the separately authorized testing acquisition in subsection (g).
• Side-by-side testing can qualify as competition for follow-on procurement within the statutory five-year window; not unlimited sole-source authority.

Coordination path: Capability sponsor → Service international armaments office/program manager → R&E/A&S and foreign-disclosure review → authorized senior finding/agreement → funded execution.

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

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. OLRC indexed §2350a text through 2026-09-20 corroborates EU participation and unequal cost-sharing rules.

INT-02 · Reciprocally use foreign and U.S. defense test facilities

Authority type: International research and acquisition

Agree to reciprocal testing of defense equipment and collect reimbursement for U.S. facility support.

Legal holder: Secretary of Defense with Secretary of State concurrence.

Plans: Service acquisition program/laboratory international-cooperation staff; CCMD capability sponsor

Pairs / owns resources: Military Department or Defense Agency program manager and comptroller

Approves: Secretary of Defense or validly delegated official; Department of State where statute or agreement process requires

Executes: Military Department/Defense Agency test center and agreement/financial offices

Partner dependencies: USD(A&S), USD(R&E), USD(P)/DTSA; Foreign defense ministries or NATO organizations

Requirements

• Formal reciprocal-use agreement.
• Charge direct costs; indirect-cost charges only as agreement specifies.
• SecDef indirect-cost determination; delegation restricted to Deputy Secretary and one other official.

Funding conditions

• Reimbursements credited to accounts that paid U.S. costs.

Limits and exclusions

• Not a general right for any foreign commercial firm to use ranges without a government/international-organization agreement.
• Technology release, security and environmental constraints remain.

Coordination path: Test requirement → test center/international office → State concurrence and cost schedule → agreement → reimbursable tests.

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

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.

INT-03 · Co-develop, co-produce and jointly procure defense articles through international project agreements

Authority type: International research and acquisition

Use cooperative-project contracting, partner procurement and project property-disposal arrangements; NATO support/procurement partnerships separately permit common acquisition including armaments.

Legal holder: President under AECA; Secretary of Defense for delegated AECA projects and NATO support/procurement partnerships.

Plans: Service acquisition program/laboratory international-cooperation staff; CCMD capability sponsor

Pairs / owns resources: Military Department or Defense Agency program manager and comptroller

Approves: Secretary of Defense or validly delegated official; Department of State where statute or agreement process requires

Executes: Service international programs offices and warranted contracting/agreement officers; Relevant program executive office or laboratory

Partner dependencies: USD(A&S), USD(R&E), USD(P)/DTSA; Foreign defense ministries or NATO organizations

Requirements

• Written jointly managed project and equitable costs/results; State supervision under §2752.
• AECA congressional certification normally at least 30 days before agreement.
• For designated-source contracting or waiver, statutory findings and notices; confirm actual Presidential/DoD delegation.

Funding conditions

• Partners commit funds in time to cover their obligations and cancellation liabilities.
• U.S. share needs available appropriations; §2350i receipts remain earmarked for contributing participant share.

Limits and exclusions

• §2350b waiver does not waive AECA, competition provision itself, Treasury financial-management responsibilities or cargo-preference laws.
• Foreign procurement generally remains competitive with U.S. sources eligible unless validly waived.
• NATO acquisition support is not an unrestricted channel for domestic procurements.

Coordination path: Program requirement → A&S/Service international programs → State/DTSA → cooperative agreement and funding commitments → appointed lead procurement authority.

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

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. §§2350b/d retain legacy acquisition cross-references; read with current Title 10 acquisition recodification.

INT-04 · Acquire, sell, loan or exchange reciprocal logistics support through ACSAs

Authority type: International logistics

Acquire foreign logistics support and enter cross-servicing agreements to exchange eligible supplies/services by reimbursement, replacement-in-kind or equal-value exchange.

Legal holder: Secretary of Defense; commanders act within an authorized agreement/delegation, not by mission statement alone.

Plans: CCMD J4 and Service logistics planners

Pairs / owns resources: Supported Service/Defense Agency logistics account and comptroller

Approves: Secretary of Defense/authorized ACSA officials; Secretary of State consultation

Executes: CCMD/Service authorized ACSA order officials; DLA and supporting logistics organizations

Partner dependencies: Eligible foreign government/NATO/UN/regional organization; Joint Staff and USD(A&S)/USD(P) oversight

Requirements

• Eligible counterparty and statutory country designation; non-NATO designation/agreement notifications and 30-day waits.
• Item fits §2350 logistics definition; pricing, accounting and liquidation requirements.

Funding conditions

• Available appropriations for acquisitions; reimbursements or authorized in-kind/equal-value settlement.
• Statutory credit ceilings are not cash appropriations.

Limits and exclusions

• Cannot buy from foreign government what is reasonably available from U.S. commercial sources.
• Cannot use an ACSA to route support to a country/organization lacking the required agreement.
• Not general major-weapons sales authority, a grant program, or authorization for hostilities.
• Inventory increases and accrued credit/liability ceilings governed by §§2347-2348, subject to statutory operational exceptions.

Coordination path: Logistics requirement → J4/Service ACSA manager → eligibility/agreement/order authorization → price and fiscal approval → delivery, invoice and reconciliation.

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

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.

INT-05 · Receive and spend foreign contributions to joint defense projects

Authority type: International contributions

Credit participating foreign-country or NATO cash contributions to DoD appropriations and use them for that participant’s project expenses.

Legal holder: Secretary of Defense.

Plans: Service acquisition program/laboratory international-cooperation staff; CCMD capability sponsor

Pairs / owns resources: Military Department or Defense Agency program manager and comptroller

Approves: Secretary of Defense or validly delegated official; Department of State where statute or agreement process requires

Executes: Service international programs offices and warranted contracting/agreement officers; Relevant program executive office or laboratory

Partner dependencies: USD(A&S), USD(R&E), USD(P)/DTSA; Foreign defense ministries or NATO organizations

Requirements

• Written jointly managed cost-sharing cooperative project improving conventional defense capabilities.
• Allocate the foreign participant’s share and identify appropriate receiving DoD account.

Funding conditions

• May pay contractors, program overhead, claims/cancellation expenses and participant refunds attributable to its share.

Limits and exclusions

• Receipts only pay contributing participant’s project share, not unrelated U.S. program needs.
• Receipt authority does not independently authorize the underlying project.

Coordination path: International agreement → program business/financial manager → designated receiving account → participant-specific project accounting.

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

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.

INT-06 · Accept host-nation property, services and supplies for U.S. forces

Authority type: International contributions

Accept and use real property or its use, supplies and services under mutual-defense/occupation arrangements, plus customary reciprocal courtesies.

Legal holder: Secretary of Defense.

Plans: CCMD posture planners; Service installation/logistics sponsor

Pairs / owns resources: Host nation in-kind contribution; Supported Service resource owner

Approves: Secretary of Defense/authorized official

Executes: Service installation, logistics and real-property offices

Partner dependencies: Department of State and host government; GAO audit oversight

Requirements

• Support an armed-forces element in the contributing country.
• Qualifying mutual-defense/occupation arrangement or customary no-charge courtesy.

Funding conditions

• In-kind support; GAO periodic audits of accepted money/property.

Limits and exclusions

• May not use contributions to evade a prohibition or limitation on the supported program.
• Separate real-property, construction and agreement issues must be reconciled; not free authority to accept every private donation.

Coordination path: Posture/installation need → Service and embassy agreement staff → authority and restriction review → documented acceptance and inventory control.

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

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.

INT-07 · Use foreign burden-sharing cash for infrastructure and deployed support

Authority type: International contributions

Accept designated-country/regional-organization cash for local labor, construction, supplies/services and specified NATO deployed/rotational support, including costs in another country.

Legal holder: Secretary of Defense after consultation with Secretary of State; Service Secretary may construct with SecDef approval.

Plans: CCMD posture planners; Service installation/logistics sponsors

Pairs / owns resources: Country/organization-specific contribution account

Approves: Secretary of Defense and State consultation; Secretary of a military department with SecDef approval for construction

Executes: Service construction agents such as USACE/NAVFAC and supporting logistics offices

Partner dependencies: Contributing government or regional organization; Congressional defense committees

Requirements

• Designate contributor with State consultation; separate accounts and purpose alignment.
• Construction not otherwise authorized requires report and normally 14-day wait; emergency exception has its own notice.

Funding conditions

• Contributions remain available until expended for specified statutory purposes.
• No assumption a host nation has offered or funded a contribution.

Limits and exclusions

• NATO deployed-support category excludes U.S. military pay, allowances and normal benefits.
• Contributed amounts cannot simply be repurposed to unrestricted departmental use.

Coordination path: CCMD posture need → host-nation negotiation/State → SecDef acceptance → Service project/fiscal office → congressional process → execute.

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

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. FY26 §1246 amendment read directly; OLRC §2350j index dated 2026-09-18 corroborates current section.

INT-08 · Finance relocation of U.S. forces with host-nation contributions

Authority type: International contributions

Accept host-nation cash, irrevocable letters of credit or blocked-account drawing rights to fund force relocation within that nation.

Legal holder: Secretary of Defense.

Plans: CCMD posture and Service basing planners

Pairs / owns resources: Separate host-nation relocation account or qualifying credit arrangement

Approves: Secretary of Defense/authorized accepting official

Executes: Service construction, logistics and financial offices

Partner dependencies: Host government; Treasury for acceptable financial arrangements; Embassy

Requirements

• Contribution tied to relocation from or to a location within contributing nation.
• Costs directly relate to relocation; maintain separate accounts.

Funding conditions

• Eligible costs include design/construction, transport, communications, administrative and civilian personnel costs.
• Cash held in Treasury trust fund pending expenditure; statutory interest treatment.

Limits and exclusions

• Cannot fund unrelated missions; personnel-cost category excludes military personnel salary.

Coordination path: Relocation agreement → costed project → acceptance/fiscal structure → Service execution and accounting.

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

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.

INT-09 · Execute NATO common-funded infrastructure and accept project contributions

Authority type: International infrastructure

Accept U.S. host-nation designation for NATO Security Investment Program projects and use NATO/member contributions and qualifying U.S. NSIP funds.

Legal holder: Secretary of Defense; designated DoD construction agent receives specified obligation authority.

Plans: NATO project planners; CCMD/Service infrastructure sponsor

Pairs / owns resources: NATO project contribution account; U.S. NSIP appropriation

Approves: Secretary of Defense; NATO project authorization

Executes: SecDef-designated construction agent, typically relevant Service construction organization

Partner dependencies: NATO and participating member governments

Requirements

• United States designated host nation for project.
• NATO-authorized expenditures; project-account and reimbursement rules.

Funding conditions

• Contributions available until expended.
• Designated construction agent may recognize NATO project authorization as budgetary resources under subsection(d).

Limits and exclusions

• Not generic authority to finance any foreign construction project.
• Additional U.S. funding for uncovered costs requires national-interest determination and available NSIP military-construction funds.

Coordination path: NATO requirement/authorization → U.S. acceptance → construction agent/funding account → contract/project controls → contribution reconciliation.

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

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.

INT-10 · Contribute to a multinational dual-use venture capital fund

Authority type: International investment

Make a specifically authorized contribution to the NATO Innovation Fund, rather than infer a general authority to invest equity.

Legal holder: Secretary of Defense.

Plans: Service acquisition program/laboratory international-cooperation staff; CCMD capability sponsor

Pairs / owns resources: Military Department or Defense Agency program manager and comptroller

Approves: Secretary of Defense or validly delegated official; Department of State where statute or agreement process requires

Executes: Designated DoD contribution administrator; current implementation owner not verified; NATO Innovation Fund as external fund manager

Partner dependencies: USD(A&S), USD(R&E), USD(P)/DTSA; Foreign defense ministries or NATO organizations

Requirements

• Amounts must be authorized by law for this purpose.
• Five-year period following FY2025 NDAA enactment (2024-12-23); aggregate statutory ceiling $200 million.

Funding conditions

• Needs purpose-available authorized and appropriated funding; statutory ceiling does not supply cash.

Limits and exclusions

• This is fund-contribution authority, not a general permission for every DoD office to buy company shares.
• No conclusion that an appropriation, participation agreement or investment commitment currently exists.

Coordination path: Investment policy/resource sponsor → SecDef counsel/comptroller → verify specific authorization/funding and fund terms → contribution.

Availability: Express time-limited statutory route; current U.S. participation, delegated administrator and funded amount were not established in this public-source review.

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.

INT-11 · Pool allied transport, patient-movement and communications services

Authority type: International logistics

Enter tailored reciprocal transportation and patient-movement arrangements, including SEOS and ATARES participation. Separately exchange allied communications support and related supplies/services for equivalent value.

Legal holder: Secretary of Defense, with Secretary of State concurrence where prescribed.

Plans: USTRANSCOM and geographic CCMD logistics/medical planners

Pairs / owns resources: Participating Service/transportation O&M or applicable account

Approves: Secretary of Defense and Secretary of State; Patient-movement credential certification by SecDef

Executes: USTRANSCOM/Service transport and medical organizations under approved arrangements; DISA/Service communications support offices for §2350f arrangements

Partner dependencies: Movement Coordination Centre Europe; Eligible partner governments

Requirements

• Select correct tailored agreement; equitable costs, exchange balances and notifications.
• Patient movement requires comparable-or-better credentials/standards, 15-day certification notice and annual recertification.
• §2350c allied airlift normally uses spare peacetime capacity, equal reimbursement rates and liquidation at least every 12 months; defense-sale delivery charged full transportation cost.
• §2350f communications arrangement needs State approval, term at most five years, annual reconciliations and final cash liquidation within 30 days after term.

Funding conditions

• Transport recurring/nonrecurring operating costs from authorized accounts; reciprocal exchanges and properly credited reimbursements.
• §2350f liabilities charged to applicable communications appropriation at reconciliation; receipts credited to providing appropriation.

Limits and exclusions

• Different statutes are not interchangeable.
• SEOS does not waive U.S. sealift cargo preference; ATARES has statutory executed-flight-hour limits.
• Suspend patient-movement use if required recertification cannot be made.

Coordination path: Transport/medical requirement → USTRANSCOM/Service → international and clinical credential review → approved agreement and funded exchange accounting.

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

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.

INT-12 · Partner across Five Eyes military medical research, logistics and care interoperability

Authority type: International medical cooperation

Enter Five Eyes agreements covering medical R&D/trials, education, credentialing, biodefense, logistics and patient movement.

Legal holder: Secretary of Defense.

Plans: ASD(Health Affairs), Defense Health Agency and Service medical sponsors

Pairs / owns resources: Relevant medical RDT&E/O&M or other authorized program appropriation

Approves: Secretary of Defense or documented authorized agreement official

Executes: DHA/Service medical research and operational medical organizations

Partner dependencies: Australia, Canada, New Zealand, United Kingdom defense-medical authorities; State/foreign-disclosure partners as applicable

Requirements

• Bilateral/multilateral MOU or formal agreement with listed Five Eyes countries.
• Annual statutory reporting on agreements/activities and additional areas SecDef designates.

Funding conditions

• Program-specific available funding; no contribution or loan authority inferred beyond express text.

Limits and exclusions

• Agreement authority alone does not waive drug regulation, human-subject rules, licensing or fiscal law.
• Does not itself provide money.

Coordination path: Medical capability need → DHA/Service research or operational sponsor → agreement/legal/fiscal review → Five Eyes arrangement → accountable execution.

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

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

Currentness: New §2350t enacted in Pub. L. 119-60 §715 on 2025-12-18; enacted text read. First annual report due one year after enactment. Later amendment delta not certified.

INT-13 · Contract for allied overseas repair and prototype distributed product support

Authority type: International logistics innovation

Demonstrate and field contested-logistics support, shared parts, prepositioning and advanced manufacturing near point of use through existing contracting, partnership and OT authorities. The Overseas Workload Program separately permits NATO/MNNA firms to compete for overseas DoD maintenance, repair and overhaul.

Legal holder: Secretary of Defense.

Plans: Service acquisition program/laboratory international-cooperation staff; CCMD capability sponsor

Pairs / owns resources: Military Department or Defense Agency program manager and comptroller

Approves: Secretary of Defense or validly delegated official; Department of State where statute or agreement process requires

Executes: Service product-support managers and program offices; CCMD logistics sponsors; Qualified U.S./covered-nation public or private product-support providers

Partner dependencies: USD(A&S), USD(R&E), USD(P)/DTSA; Foreign defense ministries or NATO organizations

Requirements

• Covered-nation/provider eligibility; prepare product-support arrangement.
• Use §§2342,2474,3601,4021 or4022 within their limits and AECA§3.
• Identify statutory, regulatory, policy and fiscal impediments and responsible waiver officials.
• For §2349: eligible NATO/MNNA firm, DoD equipment outside U.S., competitive Overseas Workload Program procurement.

Funding conditions

• Underlying instrument and purpose-appropriate available program funds required; no unrestricted international revolving fund created.

Limits and exclusions

• Program does not blanket-waive domestic depot, export-control or fiscal restrictions.
• Authority ends 2030-12-31 as amended; joint exercise requirement begins by 2027-09-30.
• §2349 permits theater or firm-country performance, but Service Secretary may limit geography for readiness or treaty reasons; the separate statutory eligibility rule does not expire with the pilot.

Coordination path: CCMD sustainment problem → Service product-support manager → international provider/arrangement → choose lawful instrument/waiver if available → funded demonstration.

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

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

Currentness: 2024 Code statutory-note text read, incorporating FY25§821; FY26 NDAA §§871-872 directly read and applied (sunset 2030-12-31).

INT-43 · Jointly develop emerging technology with specified irregular-warfare technology partners

Authority type: International research and acquisition

New FY26 law permits joint emerging-technology RDT&E with a defined preexisting partner set under safeguards, cost sharing and U.S. intellectual-property rights.

Legal holder: Secretary of Defense on covered partner Ministry of Defense request; State, Commerce and DNI consultation.

Plans: Irregular Warfare Technology Support Directorate (lead after required designation); Covered partner Ministry of Defense

Pairs / owns resources: Purpose-available RDT&E/program funds and agreed partner shares

Approves: Secretary of Defense; State, Commerce and DNI consultation; Required congressional report before activity

Executes: IWTSD and authorized program contracting/agreement offices

Partner dependencies: Country with qualifying U.S. bilateral agreement managed by IWTSD as of2025-06-01

Requirements

• Partner-request trigger and qualifying historic agreement.
• No activity until country-specific congressional report including cost/security MOA and certification.
• IP rights, semiannual spending reports and safeguards against adversary access.

Funding conditions

• Cost sharing including in-kind; actual appropriations and agreement required.

Limits and exclusions

• Not authorization to cooperate with every country.
• EAR and all applicable arms-export laws expressly retained, including fundamental research/open-source/standards activities.
• Public evidence of completed reporting/designation not verified.

Coordination path: Covered-country request → IWTSD/State/Commerce/DNI design → MOA/certification and congressional report → SecDef lead designation → controlled joint RDT&E.

Availability: New express statutory pathway, but initial country reports/designation and funded implementation not established from public sources.

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

Currentness: Pub. L.119-60§1234 enacted2025-12-18; full primary text read. Implementation prerequisites and later amendment delta not certified.

Logistics, depots and industrial partnerships

IND-24 · Operate reimbursable supply and industrial businesses with working-capital funds

Authority type: Revolving industrial finance

Finance inventories and common industrial/commercial services; recover costs from customer appropriations and support capital assets under specified rules.

Legal holder: Secretary of Defense; Treasury establishes accounts; Service Secretaries allocate functions

Plans: Service materiel/sustainment command; Depot/arsenal Center of Industrial and Technical Excellence

Pairs / owns resources: Military Department working-capital funds; DLA / other Defense Agency working-capital funds; USD(Comptroller)

Approves: Secretary concerned / Secretary of Defense as statute specifies

Executes: Service industrial and supply activities; DLA supply chains; Defense Agency common-service providers

Partner dependencies: Private industrial partner; Service legal counsel

Requirements

• Designated inventory or industrial/common-service activity
• Customer has funds for purpose
• Cost recovery, separate accounts and capital subaccounts

Funding conditions

• Capitalization/appropriation plus reimbursable customer orders; §2208(k) is specific capital-asset timing authority, not unlimited deficit finance.

Limits and exclusions

• Not authority to conduct arbitrary commercial businesses or make private loans
• Outside-DoD work requires independent authority
• Minor-construction depot flexibility in §2208(u) extended through Sep.30,2027

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-25 · Partner with private firms at depots and arsenals

Authority type: Organic industrial partnerships

Designated Centers of Industrial and Technical Excellence may execute public-private work-sharing and allow use of underutilized equipment/facilities to sustain skills and reduce ownership costs.

Legal holder: Designating Service Secretary or Secretary of Defense for Defense Agency centers

Plans: Service materiel/sustainment command; Depot/arsenal Center of Industrial and Technical Excellence

Pairs / owns resources: Service working-capital fund and customer appropriations

Approves: Secretary concerned / Secretary of Defense as statute specifies

Executes: Authorized depot/arsenal commander and contracting/finance offices

Partner dependencies: Private industrial partner; Service legal counsel

Requirements

• Core-competency relationship
• No significant adverse readiness effect
• Private partner reimburses attributable direct/indirect costs and indemnifies subject to exceptions

Funding conditions

• Receipts credited to cost-bearing appropriation/fund; statutory facility operations/maintenance/restoration uses.

Limits and exclusions

• Not blanket outsourcing of inherently governmental/core work
• Specific on-site nonfederal work exemption from 50/50 calculation is not repeal of depot restrictions

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-26 · Sell government industrial products or services to non-DoD customers

Authority type: Industrial sales

Designated working-capital industrial facilities may sell articles/services not available from U.S. commercial sources; Army cannon/ammunition facilities use their distinct §7543 route.

Legal holder: Secretary of Defense; Army Secretary for §7543; Service Secretaries under §2208(j)

Plans: Service materiel/sustainment command; Depot/arsenal Center of Industrial and Technical Excellence

Pairs / owns resources: Service working-capital fund and customer appropriations

Approves: Secretary concerned / Secretary of Defense as statute specifies

Executes: Authorized depot/arsenal commander and contracting/finance offices

Partner dependencies: Private industrial partner; Service legal counsel

Requirements

• Commercial nonavailability or valid national-security waiver where applicable
• No interference with military mission
• Substantial in-house performance; indemnity conditions

Funding conditions

• Required statutory cost recovery and credit to cost-bearing funds; advance incremental payments permitted under §2563.

Limits and exclusions

• Not unrestricted competition with private industry
• Export controls continue
• Different statutory pathways have different eligibility tests

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-27 · Commercialize underused Army ammunition facilities through ARMS

Authority type: Industrial property reuse

Make eligible GOCO ammunition facilities available using facility-use contracts, property management, leases and in-kind consideration, maintaining mobilization capacity while lowering ownership cost.

Legal holder: Secretary of the Army

Plans: Army ammunition industrial-base program; Joint Munitions Command ARMS team

Pairs / owns resources: Army ARMS program / ammunition industrial-base resource sponsor

Approves: Secretary of the Army or authorized delegate

Executes: Army ARMS program, JMC, participating GOCO facility operators

Partner dependencies: Commercial tenants / property managers; SBA or USDA administrator only under a credit administration agreement

Requirements

• Eligible Government-owned contractor-operated ammunition facility
• Commercial use consistent with Army needs and ARMS purposes
• Evaluate efficiency, cost and mobilization

Funding conditions

• ARMS appropriations for program support; consideration can include improvements, overhead/product-cost reductions or demilitarization services.

Limits and exclusions

• Normal contract terms up to 25 years
• Historical extra 25-year option authority applied only to contracts entered by its specified deadline; do not treat as open-ended new-award authority

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-28 · Guarantee commercial tenant loans at eligible Army ammunition facilities

Authority type: Industrial credit

ARMS expressly permits loan guarantees to establish commercial activity using eligible facilities, potentially administered with SBA or USDA.

Legal holder: Secretary of the Army

Plans: Army ammunition industrial-base program; Joint Munitions Command ARMS team

Pairs / owns resources: Army ARMS program / ammunition industrial-base resource sponsor

Approves: Secretary of the Army or authorized delegate

Executes: Army ARMS program, JMC, participating GOCO facility operators

Partner dependencies: Commercial tenants / property managers; SBA or USDA administrator only under a credit administration agreement

Requirements

• Eligible ARMS commercial activity
• Advance appropriated subsidy budget authority
• Agreement needed for SBA/USDA administration

Funding conditions

• Federal Credit Reform Act advance cost appropriation; no current subsidy appropriation verified.

Limits and exclusions

• Annual guaranteed principal cap $20M per borrower and $320M total
• Army ARMS official document describes this credit program as no longer used; statute alone is not proof of operational funding

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Statutory authority identified; operating loan-guarantee program and present funding not verified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

Materials and strategic stockpiles

IND-19 · Acquire, store, rotate and dispose of strategic and critical materials

Authority type: Strategic stockpiles

Build and manage defense reserves with procurement, storage, processing and rotation; FY26 amendments permit disposal through the most recent annual materials plan rather than only transaction-specific disposal legislation.

Legal holder: National Defense Stockpile Manager for §98e(a); President for reserved functions

Plans: DLA Strategic Materials; Military Departments supplying requirement data; USD(A&S)

Pairs / owns resources: National Defense Stockpile Transaction Fund; DLA finance

Approves: National Defense Stockpile Manager; President for reserved functions

Executes: DLA Strategic Materials acquisition, materials management, and contracting functions

Partner dependencies: Strategic and Critical Materials Board; Commerce / State / Energy as applicable; Private miners, processors, recyclers

Requirements

• Strategic/critical material determination and stockpile requirements
• Annual Materials and Operations Plan
• Disposal notice within 15 days under amended §98d(b); applicable acquisition-plan changes and waiver/disposal waits reduced to 30 days

Funding conditions

• Stockpile Transaction Fund and acquisition appropriations/authorizations as applicable; disposals do not authorize general retention/spending beyond §98h.

Limits and exclusions

• Stockpile not for ordinary economic/budgetary purposes under §98a
• Avoid undue market disruption; competition where feasible
• Presidential emergency release power has distinct reserved conditions

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 stockpile chapter read plus full FY26 §1411 amendments; do not use outdated 45-day waits or old transaction-specific disposal-authority formulation.

IND-20 · Refine, recycle, recover and qualify strategic materials and sources

Authority type: Materials processing and recycling

Process/rotate stockpile materials, recover strategic materials from federal waste/end-of-life equipment, qualify reliable-source facilities and contract for recycling.

Legal holder: National Defense Stockpile Manager; USD(A&S) and DLA Director for recovery expansion

Plans: DLA Strategic Materials; Military Departments supplying requirement data; USD(A&S)

Pairs / owns resources: National Defense Stockpile Transaction Fund; DLA finance

Approves: National Defense Stockpile Manager; President for reserved functions

Executes: DLA Strategic Materials acquisition, materials management, and contracting functions

Partner dependencies: Strategic and Critical Materials Board; Commerce / State / Energy as applicable; Private miners, processors, recyclers

Requirements

• Stockpile-purpose processing/qualification; reliable-source eligibility
• Include transactions in annual plan
• Recovery programs designed for positive cash flow except national-defense necessity

Funding conditions

• Adequate Stockpile Transaction Fund resources; R&D and recovery costs subject to §98h restrictions.

Limits and exclusions

• Not a general municipal recycling or mining subsidy program
• Research and supplier qualification must relate to statutory materials purposes

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-21 · Loan strategic materials and barter to maintain reserves

Authority type: Materials lending and barter

Loan stockpile material to DOE or military departments with repayment assurance; use authorized barter and fair-market-value materials transfers to pay acquisition or processing costs.

Legal holder: President / permissible delegated Stockpile Manager; delegation reserved exceptions apply

Plans: DLA Strategic Materials; Military Departments supplying requirement data; USD(A&S)

Pairs / owns resources: National Defense Stockpile Transaction Fund; DLA finance

Approves: National Defense Stockpile Manager; President for reserved functions

Executes: DLA Strategic Materials acquisition, materials management, and contracting functions

Partner dependencies: Strategic and Critical Materials Board; Commerce / State / Energy as applicable; Private miners, processors, recyclers

Requirements

• Similar-or-superior returned quantity/quality or payment assurance
• 30-day congressional notice for material loans
• Barter must be authorized, practical and in U.S. interest

Funding conditions

• Material accounting and Stockpile Transaction Fund transaction controls; not general off-budget spending.

Limits and exclusions

• Material loans are not cash lending to private businesses
• Cannot dispose of reserves through barter beyond statutory disposal authority

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-22 · Co-fund bankable feasibility studies for reliable mineral sources

Authority type: Minerals project development

Help fund technical/economic studies for strategic-material projects; associated project loans or debt purchases require separate DPA congressional authorization and Presidential determination.

Legal holder: National Defense Stockpile Manager

Plans: DLA Strategic Materials; Military Departments supplying requirement data; USD(A&S)

Pairs / owns resources: National Defense Stockpile Transaction Fund; DLA finance

Approves: National Defense Stockpile Manager; President for reserved functions

Executes: DLA Strategic Materials acquisition, materials management, and contracting functions

Partner dependencies: Strategic and Critical Materials Board; Commerce / State / Energy as applicable; Private miners, processors, recyclers

Requirements

• Reliable-source project
• Government share no more than 50% of study
• Federal liability capped at provided funding; no obligation to purchase output
• Annual-plan inclusion

Funding conditions

• Adequate Stockpile Transaction Fund funds; subsequent credit requires DPA/appropriations gate.

Limits and exclusions

• Study authority alone is NOT authority to issue project loans or buy debt
• Contracts/commitments generally no more than 10 years

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-23 · Use multiyear and advance procurement for U.S.-processed critical minerals

Authority type: Long-term mineral procurement

Contract over multiple years and undertake advance procurement to support critical minerals processed domestically.

Legal holder: Secretary of Defense

Plans: DLA Strategic Materials; Military Departments supplying requirement data; USD(A&S)

Pairs / owns resources: National Defense Stockpile Transaction Fund; DLA finance

Approves: National Defense Stockpile Manager; President for reserved functions

Executes: DLA Strategic Materials acquisition, materials management, and contracting functions

Partner dependencies: Strategic and Critical Materials Board; Commerce / State / Energy as applicable; Private miners, processors, recyclers

Requirements

• Critical-material determination
• Processing in United States by statutory domestic sources
• Compliance with §3501 and stockpile rules

Funding conditions

• Discretionary appropriations made available from Stockpile Transaction Fund after Dec.22,2023; FY27 CR restriction on initiating certain multiyear EOQ procurements must be assessed.

Limits and exclusions

• Future-year payments subject to later appropriations
• Not every foreign-origin or foreign-processed mineral qualifies

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

Property, construction and housing

IND-29 · Buy, accept, exchange or condemn land for authorized military purposes

Authority type: Land acquisition

Acquire interests needed for authorized military projects; §2663 adds defined-purpose condemnation, limited low-cost/urgent acquisitions, surveys, and advance purchase options.

Legal holder: Secretary of military department

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Authorized military purpose or specific low-cost/urgent statutory route
• Appraisal, title, notice and acquisition findings
• Condemnation alternatives/negotiation and 21-day notice, unless vital-security exception

Funding conditions

• Applicable MILCON/O&M only where section authorizes; options capped at 12% of appraised value.

Limits and exclusions

• No general power to speculate in real estate
• Scope/price thresholds and anti-parcel-splitting rules apply
• Just compensation and court process for condemnation

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-30 · Lease non-excess defense property for cash or in-kind consideration

Authority type: Property outleasing

Outlease temporarily unneeded, non-excess property; accept improvements, new facilities, utilities and industrial-equipment contributions as consideration.

Legal holder: Service Secretary; Secretary of Defense for Defense Agency property

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Defense/public-interest finding
• Fair-market-value consideration subject to specific exceptions
• Competition for covered leases unless statutory exception applies

Funding conditions

• Receipts used only through statutory accounts/appropriation rules; at least half ordinarily reserved for originating installation; in-kind consideration has express exemptions from §§2662/2802.

Limits and exclusions

• Five-year normal term; longer term requires finding
• Not a general sale authority
• Leaseback/annual-payment limit $500,000
• Oil, mineral and phosphate lands excluded

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-31 · Grant infrastructure easements across military property

Authority type: Rights-of-way

Grant rights-of-way for transportation, utilities, communications and other advisable purposes on controlled or reserved lands.

Legal holder: Secretary of military department

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Finding not against public interest
• Only land necessary for easement
• Interior receives copies for public-land grants

Funding conditions

• Cash/in-kind consideration governed through §2667(c),(e); no free general revenue account.

Limits and exclusions

• Nonuse/abandonment/noncompliance termination conditions
• Grant must protect installation mission; not transfer of full ownership

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-32 · Lease overseas non-family-housing structures and associated land

Authority type: Overseas property

Acquire foreign real estate by lease for military purposes without turning every overseas presence need into land ownership.

Legal holder: Secretary of military department

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Military-purpose structure/associated property
• Real-estate review and applicable host-nation agreements
• Notice requirements where triggered

Funding conditions

• O&M or construction appropriations authorized; yearly rent paid from that year’s funds.

Limits and exclusions

• Generally maximum 10 years; Korea 15 years
• Military family housing uses different authority
• Does not override host-nation sovereignty

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-33 · Acquire and construct authorized military facilities

Authority type: Military construction

Undertake congressionally authorized construction, site preparation, land acquisition, utilities and integral equipment, with planning/design authority.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Project authorized by law and appropriated
• Applicable design, scope/cost and supervision rules
• FY26 changes permit approved military department or government-agency construction supervision

Funding conditions

• MILCON appropriations; §2807 design is separately permitted within appropriated amounts; current design-notice threshold amended to $5M.

Limits and exclusions

• MILCON authority is not permission for any unrelated commercial structure
• Material scope/cost changes governed by §2853

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-34 · Execute limited unspecified minor military construction

Authority type: Minor construction

Carry out minor projects without individual project authorization within statutory aggregate authorization, project thresholds and funding rules.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Approved-cost ceiling and location adjustment
• Advance Secretarial approval over statutory threshold
• FY26 >$6M notification within 90 days after obligation replaces old general 14-day waiting rule

Funding conditions

• Authorized minor-MILCON amounts; O&M only within allowed limits and project definitions.

Limits and exclusions

• Ordinary approved-cost ceiling $9M and O&M ceiling $4M, subject to statutory adjustments
• No new family-housing units
• Laboratory provisions have distinct conditions; modernization program moved to §2810(f)

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-35 · Use tightly conditioned emergency or war construction authorities

Authority type: Urgent construction

§2803 addresses urgent projects that cannot await next authorization; §2808 covers war or a declared emergency requiring armed forces.

Legal holder: Secretary concerned for §2803; Secretary of Defense for §2808

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• §2803 vital national-security/health/safety/environment and urgency findings; five-day notification
• §2808 armed-forces necessity and direct project support; required notifications

Funding conditions

• Existing unobligated MILCON only under each section’s rules; §2808 excludes family housing funds.

Limits and exclusions

• §2803 $50M annual obligation cap
• §2808 emergency total ordinarily $500M, or $100M if only domestic; eligible unobligated cancellation/cost-savings funds only
• Not unlimited emergency transfer power

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-36 · Use construction other transactions and successful follow-on awards

Authority type: Alternative construction transactions

New §2808a permits non-contract/grant/cooperative-agreement transactions for facility construction or repair, including design, prototyping, piloting and execution.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• §2853 remains applicable
• Notify congressional defense committees at least 14 days before transaction with project/cost/fund/rationale
• Noncompetitive follow-on requires originally competitive selection and successful usable facility/improvement

Funding conditions

• Statutorily available MILCON, O&M or RDT&E funds; availability/purpose and CR analysis still required.

Limits and exclusions

• Separate from emergency §2808; no emergency declaration prerequisite
• Express waivers are chapters221/223 and §2851(a), not all law

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted FY26 §2802 read; applies to transactions on/after Dec.18,2025.

IND-37 · Use long-term facility construction/operation service contracts

Authority type: Facilities-as-services

Contract for construction, management and operation of child care, utilities, supply, troop housing, transient quarters, medical and other permitted support facilities.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Project in budget materials and authorized by law
• Cost effectiveness versus conventional means
• Competitive award; 14-day congressional notice with economic analysis

Funding conditions

• Payments contingent on appropriations specifically for that year/project.

Limits and exclusions

• Maximum 32 years excluding construction period
• Depot maintenance excluded
• Annual future-funding commitment is not itself an obligation

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-38 · Repair or convert existing facilities with O&M funds

Authority type: Facility repair

Restore existing facilities or convert their use without enlarging external dimensions.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Major repair approval and report over $7.5M
• All phases count toward total project cost
• Force-structure consistency and repair/replacement cost assessment

Funding conditions

• O&M appropriations; no evasion of construction rules by relabeling new construction as repair.

Limits and exclusions

• Cannot build new facilities or additions under repair authority
• If repair exceeds 75% replacement cost, explain why replacement is not preferred

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-39 · Lend to or guarantee loans for military housing developers

Authority type: Housing credit

Finance eligible military family or unaccompanied housing acquisitions/construction through direct loans and guarantees.

Legal holder: Secretary concerned

Plans: Service housing portfolio office / installation housing staff; ASD(EI&E) housing policy

Pairs / owns resources: Family Housing Improvement Fund or Military Unaccompanied Housing Improvement Fund / applicable housing accounts

Approves: Secretary concerned; congressionally required notifications and budget authority

Executes: Service housing privatization and real-estate teams; USACE / NAVFAC / AFCEC as assigned

Partner dependencies: Eligible housing developer / private lenders; Residents and installation housing office

Requirements

• Eligible entity and housing suitable for military use
• Protective loan terms/default rights
• Advance credit-cost budget authority or express appropriations authority

Funding conditions

• Housing improvement/financing accounts and Federal Credit Reform Act; no guarantee without credit authority.

Limits and exclusions

• Guarantee cannot exceed lesser of 80% project value or outstanding principal
• Not general commercial real-estate lending

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-40 · Buy equity, partnership interests or debt in eligible military housing projects

Authority type: Direct equity and debt investment

Express direct investment authority includes stock, other equity instruments, limited-partnership interests and bonds/debt instruments.

Legal holder: Secretary concerned

Plans: Service housing portfolio office / installation housing staff; ASD(EI&E) housing policy

Pairs / owns resources: Family Housing Improvement Fund or Military Unaccompanied Housing Improvement Fund / applicable housing accounts

Approves: Secretary concerned; congressionally required notifications and budget authority

Executes: Service housing privatization and real-estate teams; USACE / NAVFAC / AFCEC as assigned

Partner dependencies: Eligible housing developer / private lenders; Residents and installation housing office

Requirements

• Housing acquisition/construction suitability
• Eligible entity and military occupancy/purchase preference agreement
• Project capital-cost valuation

Funding conditions

• Authorized housing funds and current funds controls; temporary higher percentage is not an appropriation.

Limits and exclusions

• Temporary BOTH cash and land-inclusive investment cap 60% from July4,2025 through Sep30,2029; ordinary caps33⅓%/45% thereafter
• This is sector-specific equity authority, not a general venture fund

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: §2875 operative text plus Pub.L.119-21 §20001(b) read; OLRC Sept10,2026 entry confirms temporary cap note.

IND-41 · Guarantee housing occupancy or rental revenue and make differential payments

Authority type: Housing revenue support

Give eligible military housing providers contractual occupancy/revenue assurance or payments supplementing service members’ rent.

Legal holder: Secretary concerned

Plans: Service housing portfolio office / installation housing staff; ASD(EI&E) housing policy

Pairs / owns resources: Family Housing Improvement Fund or Military Unaccompanied Housing Improvement Fund / applicable housing accounts

Approves: Secretary concerned; congressionally required notifications and budget authority

Executes: Service housing privatization and real-estate teams; USACE / NAVFAC / AFCEC as assigned

Partner dependencies: Eligible housing developer / private lenders; Residents and installation housing office

Requirements

• Eligible military housing arrangement
• Document covered units, revenue terms and permitted fund source

Funding conditions

• Applicable housing funds, properly budgeted/scored guarantee commitments and lawful appropriations.

Limits and exclusions

• Housing-specific assurance; not a generalized demand guarantee for any business
• Federal contingent liability and appropriations scoring remain

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-42 · Convey or lease land and facilities for military housing privatization

Authority type: Housing property partnerships

Transfer or lease existing property to eligible entities and use proceeds for statutory housing-improvement activities.

Legal holder: Secretary concerned

Plans: Service housing portfolio office / installation housing staff; ASD(EI&E) housing policy

Pairs / owns resources: Family Housing Improvement Fund or Military Unaccompanied Housing Improvement Fund / applicable housing accounts

Approves: Secretary concerned; congressionally required notifications and budget authority

Executes: Service housing privatization and real-estate teams; USACE / NAVFAC / AFCEC as assigned

Partner dependencies: Eligible housing developer / private lenders; Residents and installation housing office

Requirements

• Military preference agreement; protective terms
• Competition conditions for reconveyance/lease
• Ground-lease extension notices and portfolio information

Funding conditions

• Proceeds/funds only for housing subchapter purposes; not unrestricted receipts.

Limits and exclusions

• Cannot use for installations approved for closure
• Tenant protections and program oversight continue
• Exemption from §2667 is housing-specific

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-50 · Exchange military land for other property or qualifying acquisition

Authority type: Real-property exchange

Trade real property for other land/interests or encroachment-mitigation acquisition; an expanded services/facility exchange pilot depends on its guidance-triggered window.

Legal holder: Secretary concerned

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: Landowners / developers / local governments; Environmental regulators and real-estate counsel

Requirements

• Advantage-to-U.S. or applicable BRAC property
• Equivalent fair-market value or cash equalization, subject to narrow zoning exception
• Public and congressional notice;14or45day statutory wait

Funding conditions

• Property-value exchange; equalization receipts to specified foreign-currency-fluctuation construction appropriation, subject to appropriation rules.

Limits and exclusions

• BRAC exchanges consistent with redevelopment plan
• Services/new-facility exchange is eight-year pilot from guidance issuance; current window not established here

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Core land-exchange route conditional and extant; expanded services/facility pilot currentness unresolved pending guidance date.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

IND-51 · Sell, transfer or donate excess/surplus defense property through disposal pathways

Authority type: Surplus disposal

Dispose of property through GSA-administered or delegated processes and specific defense conservation/BRAC authorities, using competitive sales or statutory public-benefit transfers.

Legal holder: GSA Administrator for general surplus regime; Service Secretary for specific defense conveyances

Plans: Installation commander and Service facilities/real-estate staff; Service installation secretariat / ASD(EI&E) policy

Pairs / owns resources: Military Department installation budgets / project sponsor

Approves: Secretary concerned or properly delegated real-estate/construction official

Executes: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

Partner dependencies: GSA disposal officials; EPA / State environmental regulators; State/local or eligible nonprofit transferees

Requirements

• Excess/surplus screening and applicable disposal delegation
• Advertising or valid negotiated/public-benefit exception
• Conservation transfers require eligible recipient and perpetual-use/reversion protections

Funding conditions

• Receipts handled under controlling disposal/appropriation law; no general self-financing authority.

Limits and exclusions

• DoD does not freely sell any needed asset or retain any proceeds
• BRAC, environmental and homeless-assistance conditions may apply; exceptions action-specific

Coordination path: Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Availability: Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

Research, innovation and experimentation

ACQ-01 · Conduct and purchase defense-relevant research and development

Authority type: Research & experimentation

Conduct basic, applied and advanced research and development internally, through military departments, by contract, or by agreement with another federal agency.

Legal holder: Secretary of Defense or Secretary of a military department

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Research must be necessary to departmental R&D responsibilities and concern military needs or potential DoD interest.

Funding conditions

• Appropriate available RDT&E or other lawfully available funds; budget owner must document purpose, period and amount.

Limits and exclusions

• Not authority to fund a project with no potential defense interest.
• An interagency execution route does not transfer the partner agency’s distinct sovereign powers to DoD.

Coordination path: Requirement owner → research sponsor/program manager → fiscal and security review → authorized contracting or intramural execution office.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-02 · Fund external R&D through grants and cooperative agreements

Authority type: Research financial assistance

Provide assistance for defense-relevant research; use a cooperative agreement when substantial federal involvement is expected, and a grant when it is not.

Legal holder: Secretary of Defense or military-department Secretary

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Instrument selection follows 31 U.S.C. chapter 63: assistance for a public purpose versus acquiring for federal direct use.
• New research grants use merit-based selection; university awards obey §4141 competition rules.

Funding conditions

• Available funds for the authorized research purpose; research-security and award conditions remain applicable.

Limits and exclusions

• Not a general-purpose economic-development grant power.
• University earmark exceptions require explicit statutory language and applicable notice/wait; grant and contract labels are not interchangeable.

Coordination path: Research program manager → grants officer → university/company eligibility and security review → assistance award.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-03 · Negotiate research OTs, cost sharing and contingent repayments

Authority type: Other transactions

Use research transactions outside procurement contracts, grants and cooperative agreements; negotiate advances and repayment clauses that credit designated research-support accounts.

Legal holder: Secretary of Defense and each military-department Secretary; Secretary of Defense acts through DARPA, DIU or another designated element

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Basic, applied or advanced research purpose.
• Avoid duplicating existing DoD research to maximum practicable extent; nonfederal funding should match federal funding to extent Secretary determines practicable.

Funding conditions

• Advance payments permitted notwithstanding 31 U.S.C. §3324.
• Payments received under authorized clauses may be credited to statutory accounts as Secretary of Defense authorizes.

Limits and exclusions

• Research OT is not unrestricted production, lending or equity authority.
• Recovery/reuse of payments only through statutory support-account mechanism; negotiated IP and applicable law still matter.

Coordination path: Research sponsor → DARPA/DIU/Service agreements office → negotiate contributions, IP, milestones and repayment → comptroller establishes proper account.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-04 · Prototype technology, processes and business arrangements with flexible OTs

Authority type: Other transactions

Carry out directly defense-relevant prototypes, including proofs of concept, business processes, reverse engineering for obsolescence, commercial-technology pilots and agile development.

Legal holder: DARPA Director, DIU Director, military-department Secretary, or official designated by Secretary of Defense

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• At least one eligibility path: significant nontraditional contractor/nonprofit participation; all significant nonfederal participants small/nontraditional; one-third nonfederal cost share; or senior-procurement-executive exceptional-circumstances finding.
• Competition to maximum extent practicable.

Funding conditions

• Existing lawfully available project funds; prototype instrument does not supply an appropriation.

Limits and exclusions

• Above $100m through $500m: nondelegable written determination by specified contracting/agency head; above $500m: senior approval plus 30-day congressional advance notice.
• Procurement-integrity law applies; agreement must address applicable audit access.

Coordination path: Operational sponsor supplies need and funding → DIU/DARPA/Service agreements officer structures eligible prototype → threshold approver → technical success assessment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. OLRC indexed current text dated 2026-09-15 cross-checked for key thresholds and eligibility.

ACQ-05 · Award follow-on production or sustainment after a successful prototype OT

Authority type: Transition & scaling

Implement or expand successful prototype results through a follow-on production contract or transaction, including sustainment; a successful consortium subproject need not await all other subprojects.

Legal holder: Authorized §4022 awarding official; covered official approves follow-on awards above statutory threshold

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Noncompetitive follow-on requires competitive selection of prototype participants and successful completion of the relevant prototype.
• Award to participants and documentation tying production to successful result.

Funding conditions

• Production/sustainment funds appropriate to the deliverable; prototype dollars do not assure a funded transition.

Limits and exclusions

• A noncompetitive prototype does not automatically create noncompetitive production eligibility.
• Follow-ons above $100m require covered-official findings and notice when exercised; paragraph(d) participation/cost-share tests do not reapply to production.

Coordination path: User and program office agree success and adoption → budget owner provides production/sustainment funding → covered official if needed → authorized contracting/agreements officer.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. OLRC indexed §4022 currency 2026-09-15; prototype source and success remain transaction-specific.

ACQ-06 · Buy experimental products, services, demonstrations and prototypes

Authority type: Research & experimentation

Purchase or modify purchases, domestically or abroad, of experimental/test demonstrations, prototypes, products, supplies, parts, auxiliary services and design for defense development.

Legal holder: Secretary of Defense and military-department Secretaries

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Secretary considers purchase necessary for experimental or test purposes in developing national-defense supplies.

Funding conditions

• Appropriation matching experiment/prototype purpose; statutory flexibility does not waive appropriations law.

Limits and exclusions

• Special procurement treatment applies only within quantities needed for experimentation, prototyping, evaluation, operational assessment/safety or residual operational capability.
• Not unlimited serial-production authority.

Coordination path: Technical sponsor → experimental-purchase determination → contracting office → evaluation → separate production pathway if needed.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-07 · Include bridge prototype or initial production units in a research contract

Authority type: Transition & scaling

A competitively selected general-solicitation research contract may contain line items/options for development, demonstration, initial production or initial/additional items arising from its work.

Legal holder: Secretary of Defense, Army, Navy or Air Force

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Initial contract comes from competitive general-solicitation proposal selection.
• Additional units must be minimum needed pending timely competitive follow-on.

Funding conditions

• Appropriate research or procurement funds according to work; value ceiling is not funding.

Limits and exclusions

• Line item/option term not more than 2 years; statutory value limit $100m in FY2017 constant dollars.
• Does not authorize indefinitely bypassing follow-on competition.

Coordination path: Program manager designs bridge line item → contracting officer competes research → validates minimum bridge quantity → follow-on competition.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-08 · Award cash, noncash, contract or agreement prizes for defense innovation

Authority type: Prizes & challenges

Competitively reward research, technology, prototypes and transition-improving management practices; accept outside funds or nonmonetary prize contributions.

Legal holder: Secretary of Defense acting through USD(R&E), USD(A&S), DIU Director and Service acquisition executives

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Widely advertised competitive process; achievement must meet statutory defense/transition purpose.

Funding conditions

• Appropriations or funds/items lawfully accepted from federal, state/local and private contributors.

Limits and exclusions

• USD(R&E) approval above $20m total prize fair value, $2m cash, or $20k solely nonmonetary prize.
• No special consideration for private donors; award above $20m as contract/agreement triggers 15-day post-award congressional notice.

Coordination path: Challenge sponsor → eligible prize official → counsel/valuation and approvals → advertised contest → award and applicable notice.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-09 · Accelerate commercialization through the Rapid Innovation Program

Authority type: Transition & scaling

Use competitive contracts, cooperative agreements and OTs to transition innovative small-business/laboratory/prototype technologies into defense acquisition programs.

Legal holder: Secretary of Defense

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Merit-based selection and small-business preference; proposals reviewed with military-department Offices of Small Business Programs.

Funding conditions

• RDT&E appropriations subject to availability; express transfers to Service/Defense Agency/USSOCOM RDT&E accounts for qualifying proposals.

Limits and exclusions

• Normally 2 years of program funding; added year requires approval.
• Statute has a $6m project provision alongside aggregate restriction on awards over $6m; read the actual program guidance/appropriation rather than assuming unlimited awards.

Coordination path: Acquisition customer identifies insertion → component small-business/research office → selection and funded transition plan → receiving program.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-10 · Fund multistakeholder innovation partnerships and allocate DIU project funding

Authority type: Innovation partnerships

DIU can support joint research/innovation partnerships with funding, resources, participation and technical advice, and allocate its available funds to selected Service innovation projects.

Legal holder: Director, Defense Innovation Unit

Plans: DIU with Joint Staff, COCOMs and mission customers

Pairs / owns resources: DIU funds made available to it

Approves: DIU Director; instrument-specific awarding approver

Executes: DIU and selected Service innovation organization

Partner dependencies: Universities, nonprofits, commercial firms, government partners and investors

Requirements

• Partnership addresses defense/security needs and has technology-transfer or commercialization objective.
• Use lawful underlying instrument for the particular support.

Funding conditions

• DIU funding available for the project; underlying instrument controls payments and accountability.

Limits and exclusions

• Liaison to investors or support for commercialization is not itself blanket stock-purchase or lending authority.
• Service project allocation does not certify recipient office’s contracting delegation.

Coordination path: COCOM/Service demand → DIU commercial team → partnership and performer selection → instrument/funding/legal review → Service execution and DIU monitoring.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-12 · Sponsor research through FFRDCs within approved missions

Authority type: Research institutions

Use research contracts and long-term sponsored research institutions; work placed with FFRDCs must remain within sponsoring agreement purpose, mission and scope unless statutory exception applies.

Legal holder: Secretary of Defense or military-department Secretary for research; head of agency for new-center restriction

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Research purpose and defense relevance; suitable sponsoring agreement.
• New FFRDC operation requires congressional report and 60-day wait under §4126(c).

Funding conditions

• Appropriated research/sponsoring funds; individual sponsored work must fit their purpose.

Limits and exclusions

• Not a means to obtain any arbitrary work from a favored center; applied scientific laboratory research has an express scope exception.
• University affiliation does not alone confer federal laboratory/FFRDC powers.

Coordination path: Research sponsor → mission/scope review with FFRDC sponsor → contracting office → center; new-center proposal requires congressional steps.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-13 · Share underused laboratory capabilities and undertake public-private work

Authority type: Laboratory partnerships

STRL partnership centers can permit private use of underused capabilities, perform cooperative work, leverage private recapitalization and credit receipts to cost-bearing funds.

Legal holder: Secretary of Defense, authorized Center/STRL directors

Plans: Laboratory scientific lead and Office of Research and Technology Applications

Pairs / owns resources: Laboratory director and sponsoring component budget owner

Approves: Laboratory director and agency approver as statute/delegation requires

Executes: Laboratory ORTA, counsel and authorized agreement official

Partner dependencies: Industry, universities, nonprofit and government collaborators within eligibility limits

Requirements

• Use supports statutory partnership objectives and does not significantly impair laboratory mission.
• Private partner agrees to required direct/indirect cost reimbursement and indemnification.

Funding conditions

• Reimbursement to appropriation, working-capital or revolving fund incurring costs; alternative statutory reinvestment conditions.

Limits and exclusions

• No authorization for otherwise-prohibited conversion of government work to contractors.
• War/emergency can suspend access; unused capability is not a blanket disposal of public assets.

Coordination path: Lab director/ORTA identifies spare capability → mission-impact and reimbursement determination → partner agreement → lab comptroller credits authorized receipts.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-15 · Reinvest laboratory and test-organization funds in innovation, transition, people and minor infrastructure

Authority type: Laboratory investment

Directors may use statutory 2–4% mechanisms for research, transition, workforce development and qualifying infrastructure; fixed customer surcharge up to 4% may support these purposes.

Legal holder: Secretary of Defense establishes mechanisms; directors exercise discretion in consultation with Service S&T executive

Plans: Laboratory/test director and Service S&T executive

Pairs / owns resources: Laboratory/test-organization available funds and authorized customer fees

Approves: Director with Service S&T consultation; Secretary of Defense infrastructure notification

Executes: Laboratory/test organization and supporting fiscal/contracting staff

Partner dependencies: Customer activities; other laboratories; congressional committees for infrastructure notice

Requirements

• 2–4% of available funds under established mechanisms.
• Infrastructure must meet §2805(d)/ §2811 applicable cost rules and pre-use congressional notification.

Funding conditions

• Funds already available to lab/test organization; fees limited to 4% of performance costs.

Limits and exclusions

• A flexible internal investment mechanism, not unlimited new MILCON authority or off-budget money.

Coordination path: Director sets portfolio → consults Service S&T executive → fiscal calculation and facilities review → required notice → execution.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-16 · Fund small-business research and commercialization through SBIR

Authority type: Small-business innovation

Set aside qualifying extramural R&D funding for phased competitive small-business innovation awards, including permitted direct-to-Phase II routes.

Legal holder: Participating federal agency; DoD and component SBIR program/award officials

Plans: DoD/component SBIR-STTR program office and technical topic owner

Pairs / owns resources: Component extramural R&D budget owner

Approves: Authorized component grants/contracting official; required research-security reviewers

Executes: Service or Defense Agency SBIR-STTR office and award officer

Partner dependencies: SBA program-wide policy; Eligible small business; acquisition customer; research-security and counterintelligence partners

Requirements

• Eligible small business; competitive scientific/technical and commercialization evaluation.
• Research-security diligence and disclosure checks; beginning FY2027, the nondelegable agency program director must set a proposal cap, with the statutory topic-waiver process.

Funding conditions

• Required SBIR share generally at least 3.2% of eligible extramural R&D; actual appropriation, exclusions and balances still require validation.
• P.L. 119-83 allows remaining FY2026 required-expenditure funds to be used in FY2027.

Limits and exclusions

• Neither a general small-business loan nor automatic entitlement to an award.
• Direct-to-Phase II requires qualifying feasibility showing and agency implementation; do not confuse stale 2025 expiry with current extension.

Coordination path: Component requirement/topic owner → SBIR office → competitive/security evaluation → contracting/grants officer → acquisition transition sponsor.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. P.L. 119-83 enacted 2026-04-13 § §9–10 extends SBIR to 2031-09-30; OLRC indexed 15 U.S.C. §638 currency 2026-09-29.

ACQ-17 · Pair small firms and research institutions through STTR

Authority type: Small-business innovation

Fund cooperative R&D between an eligible small business and research institution, with phased transition toward commercialization.

Legal holder: Participating federal agency; DoD/component STTR officials

Plans: DoD/component SBIR-STTR program office and technical topic owner

Pairs / owns resources: Component extramural R&D budget owner

Approves: Authorized component grants/contracting official; required research-security reviewers

Executes: Service or Defense Agency SBIR-STTR office and award officer

Partner dependencies: SBA program-wide policy; Eligible small business; acquisition customer; research-security and counterintelligence partners

Requirements

• Small business performs at least 40% and research institution at least 30% of work under statutory cooperative-R&D definition.
• Eligible institution and small business; IP allocation and security diligence.

Funding conditions

• Generally 0.45% of eligible extramural R&D for covered agencies; agency threshold/exclusions apply.
• Remaining required FY2026 funds may carry into FY2027 under P.L. 119-83 §9(b).

Limits and exclusions

• Partner eligibility is distinct from SBIR; military research/educational institution participation is a specific pilot, not universal eligibility.

Coordination path: Component technical need → STTR office → eligible business/institution team → negotiated research/IP plan → award official.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. P.L. 119-83 § §9–10 extends STTR and military-institution pilot through 2031-09-30; currentness otherwise qualified.

ACQ-18 · Purchase SBIR/STTR-derived technology through Phase III awards

Authority type: Transition & scaling

Make follow-on awards, including qualifying sole-source awards, for development, testing, production or services derived from prior SBIR/STTR work using non-SBIR/STTR funding.

Legal holder: Federal acquiring agency; DoD contracting/award officials and acquisition customers

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Demonstrable connection to SBIR/STTR-funded technology and award recipient.
• Prior program competition and Phase III statutory rules; assess ownership/data rights and commercialization readiness.

Funding conditions

• Acquisition customer supplies appropriate non-SBIR/STTR funds; no separate Phase III funding entitlement.

Limits and exclusions

• Phase III is not funded from Phase I/II set-aside; not a blanket sole-source award for unrelated offerings.
• Statutory preference is to greatest extent practicable, with reporting/appeal safeguards.

Coordination path: SBIR/STTR office documents lineage → program/requirements office sponsors adoption → contracting officer confirms Phase III and funds → award.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. P.L. 119-83 adds training and customer-access/commercialization changes; Phase III lineage must be verified per action.

ACQ-19 · Match outside capital with strategic breakthrough Phase II awards

Authority type: Small-business scale-up

Make milestone-linked SBIR strategic breakthrough awards up to $30m per small business including affiliates across up to 48 months, with matching resources and acquisition commitment.

Legal holder: Eligible federal agency; DoD acquisition and SBIR officials

Plans: DoD/component SBIR-STTR program office and technical topic owner

Pairs / owns resources: Component extramural R&D budget owner

Approves: Authorized component grants/contracting official; required research-security reviewers

Executes: Service or Defense Agency SBIR-STTR office and award officer

Partner dependencies: SBA program-wide policy; Eligible small business; acquisition customer; research-security and counterintelligence partners

Requirements

• Prior Phase II SBIR/STTR award; at least 100% matching from new private capital and/or qualifying non-Phase I/II government funding.
• DoD: readiness, high-priority need, POM inclusion commitment by acquisition executive or higher; at least 20% of required match from new qualifying DoD funds.

Funding conditions

• Up to 0.50% of extramural R&D from agency SBIR allocation if required SBIR expenditure exceeds $100m; match and statutory ceilings are not available funds.

Limits and exclusions

• No federal equity acquisition created; this is a funding agreement.
• Agency must satisfy eligibility and implement procedures; award deadline 90 days does not eliminate required findings.

Coordination path: Mission customer → acquisition executive POM commitment → SBIR office and match verification → security/legal review → milestone agreement.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: New authority read directly in P.L. 119-83 §3, enacted 2026-04-13; section/amendments cease effective 2031-09-30. Operational adoption and appropriated balances not verified.

ACQ-20 · Pay for commercialization, IP, cybersecurity and business assistance

Authority type: Small-business support

Authorize SBIR/STTR recipients to purchase assistance or use staff/training to improve commercialization and screen foreign involvement; qualifyingI-Corps participation can be supported.

Legal holder: Participating agency; eligible SBIR/STTR award recipient selects support

Plans: DoD/component SBIR-STTR program office and technical topic owner

Pairs / owns resources: Component extramural R&D budget owner

Approves: Authorized component grants/contracting official; required research-security reviewers

Executes: Service or Defense Agency SBIR-STTR office and award officer

Partner dependencies: SBA program-wide policy; Eligible small business; acquisition customer; research-security and counterintelligence partners

Requirements

• Current SBIR/STTR award and assistance linked to eligible project/commercialization purposes.

Funding conditions

• May be included in or added to award as agency determines; applicable statutory funding sources and reviews.

Limits and exclusions

• Phase I assistance up to $6,500/project; Phase II up to $50,000/project.
• Recipient selection/staff-use option does not make program a general consultancy grant for non-awardees.

Coordination path: Awardee identifies commercial/IP/cyber need → component program and award officer authorize funds → chosen provider or staff/training execution.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: P.L. 119-83 §7 enacted 2026-04-13 read in full; modifies 15 U.S.C. §638(q) and adds(bbb).

ACQ-33 · Finance, furnish, lend, lease or sell specialized contractor research/test facilities

Authority type: Test infrastructure

An R&D contract may acquire or construct necessary specialized research/development/test facilities and equipment at U.S. expense and make them available to the contractor.

Legal holder: Secretary of the military department concerned

Plans: R&D program and test engineers

Pairs / owns resources: Military-department research program funds

Approves: Military-department Secretary determination/authorized delegate

Executes: Contracting office and contractor

Partner dependencies: Facilities/property officials and IP/fiscal counsel

Requirements

• Facilities/equipment necessary for contract; allowable-cost rules.
• Nonremovable installations on nonfederal land need reimbursement, land-acquisition option or other adequate U.S. protection.

Funding conditions

• R&D contract funds; loans/leases may be with or without reimbursement; sales at fair value.

Limits and exclusions

• Explicitly does not authorize new construction or improvements with general utility.
• Sale/reimbursement receipts normally go to Treasury unless another law applies.

Coordination path: Program establishes necessity → facilities/fiscal review → Secretary/delegate determination → contract sets property/disposition protections.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-34 · Sell commercial access to designated DoD test ranges and facilities

Authority type: Test infrastructure

Contract with commercial entities for commercial test/evaluation activity at a designated Major Range and Test Facility Installation, recovering costs.

Legal holder: Secretary of Defense; installation commander may receive specified indirect-cost delegation

Plans: Commercial user and range commander

Pairs / owns resources: Range/test installation operating accounts

Approves: Secretary of Defense/authorized contracting official; commander for delegated indirect-cost judgment

Executes: Range contracting office and test workforce

Partner dependencies: Commercial customer; safety/security/range scheduling officials

Requirements

• Designated installation and compatible commercial test activity.
• Recover all direct costs; indirect costs as Secretary determines appropriate.

Funding conditions

• Collected reimbursements credited to accounts that incurred cost.

Limits and exclusions

• Contract must allow immediate termination/prohibition/suspension for public health/safety, property, national-security or foreign-policy detriment.

Coordination path: Customer → range planning/safety/security → cost and availability determination → contract → test and reimbursement.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-48 · Conduct COCOM experiments and make findings supporting transition

Authority type: COCOM experimentation

Each combatant commander can conduct experimentation, prototyping and technology demonstrations addressing command operational needs and support acquisition with written operational-need findings.

Legal holder: Each combatant commander; senior contracting official retains applicable award role

Plans: Combatant commander and innovation/experimentation staff

Pairs / owns resources: Command or supporting component available project funds

Approves: Commander; senior contracting official and applicable acquisition approver

Executes: Command experiment team with supporting contracting/research organizations

Partner dependencies: Service acquisition customer; Joint Staff; USD(A&S)

Requirements

• Technology/capability solution addresses command-identified operational need.
• §843 special contracting procedures must be followed when used.

Funding conditions

• Authority does not create a command-wide discretionary appropriation; identify lawful available funding and transition customer.

Limits and exclusions

• Completion determination may fulfill listed justification/capability-need requirements; not waiver of all §3204 approvals or fiscal conditions.
• Sunset 2028-09-30.

Coordination path: COCOM need and resource sponsor → experiment/prototype instrument → commander operational determination → senior contracting official and Service/customer funded transition.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: P.L. 119-60 §873 read directly; authority expires 2028-09-30.

ACQ-50 · Use an alternative iterative, data-driven test pathway

Authority type: Test & evaluation

For covered programs, integrate developmental/operational testing around unified objectives and ongoing data while preserving independent DOT&E evaluation.

Legal holder: Secretary of Defense establishes/designates pathway; Service Secretaries through Service test activities; DOT&E independent evaluator

Plans: Program manager, Service test activities and operational users

Pairs / owns resources: Program/test infrastructure budget owners

Approves: Secretary of Defense for designation after guidance; statutory software/hardware coverage applies

Executes: Service developmental/operational test activities

Partner dependencies: DOT&E, industry data producers and authorized DoD data users

Requirements

• Unified T&E and test-data strategies; government ownership/access to specified raw test data and analytics.
• Designation after required guidance or qualifying post-enactment software/covered-hardware program.

Funding conditions

• Program resources for data collection, storage, analytics and testing; implementation/coverage must be confirmed.

Limits and exclusions

• Specified master-plan/milestone-event exemptions do not mean no evaluation.
• DOT&E retains independent sufficiency/effectiveness assessment and raw-data access.

Coordination path: Acquisition program → eligibility/designation → unified Service test/data strategy → continuous evaluation and independent DOT&E oversight.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: Directly reviewed P.L. 119-60 §218; establishment guidance deadline 180 days after 2025-12-18; actual issued guidance not verified.

ACQ-54 · Reimburse contractor independent R&D through allowable contract costs

Authority type: Research financial assistance

Treat qualifying independent research and development as allowable indirect expense under defense contracts while preserving statutory contractor independence in technology selection.

Legal holder: Secretary of Defense establishes payment rules; contracting and audit officials apply them

Plans: Operational requirement owner; Service/component portfolio acquisition executive and program manager

Pairs / owns resources: Sponsoring Service/component appropriations manager and comptroller

Approves: Service/component acquisition executive and authorized contracting authority, at applicable threshold

Executes: Warranted contracting officer and program manager

Partner dependencies: User command; Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Requirements

• Costs genuinely constitute independent R&D and must be reported separately from other allowable indirect costs.
• Contract pricing, allocation and allowability rules remain applicable.

Funding conditions

• Recovery through applicable defense-contract indirect costs, not a new appropriation or loan.

Limits and exclusions

• Not a stand-alone R&D grant, reimbursement entitlement for every expense, or authority to direct all private research.
• Contractor independence protected where statutory chief-executive determination concerning future defense needs is satisfied.

Coordination path: DoD communicates future capability needs → contractor undertakes qualifying independent R&D → contracting/audit review → permitted cost treatment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

Security cooperation, assistance and education

INT-14 · Train, equip and sustain foreign national security forces for enumerated missions

Authority type: Security cooperation

Build partner capacity with defense articles/services, training, supplies and small-scale construction for nine listed missions, including military intelligence and defensive cyber.

Legal holder: Secretary of Defense with Secretary of State concurrence; DSCA administers subject to lawful designations.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: DSCA-designated implementing agency; Army DASA(DE&C)/USASAC; Navy NIPO and systems commands; Air Force SAF/IA and implementing program offices as applicable

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Joint Defense-State development/planning and coordinated implementation.
• Required human-rights, law-of-armed-conflict, rule-of-law/civilian-control and institutional-capacity elements and certifications.
• Unit eligibility/Leahy review; 15-day notice, absorption and sustainment assessments.

Funding conditions

• Sole source: O&M, Defense-wide amounts available to DSCA for these programs.
• As amended, amounts available in FY2025 or later may support programs beginning that year through end of third fiscal year thereafter; check actual appropriation availability.

Limits and exclusions

• Limited statutory mission menu; not unrestricted economic aid.
• Other legal prohibitions remain; extended sustainment beyond five years needs added justification/transition information.
• Construction above statutory reporting threshold needs project details and masterplan.

Coordination path: CCMD/SCO requirements → joint State planning → DSCA implementing agency design/cost/sustainment → concurrence/certification/notice → funded case execution.

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

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. §333(g)(2) FY26 amendment changes amounts MADE available to amounts AVAILABLE; direct enacted text checked.

INT-15 · Support partner operations with logistics, equipment loans, training and small construction

Authority type: Security cooperation

Provide support for SecDef-designated coalition, combined, military or stability operations within statutory categories.

Legal holder: Secretary of Defense with Secretary of State concurrence.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: DSCA-designated implementing agency; Army DASA(DE&C)/USASAC; Navy NIPO and systems commands; Air Force SAF/IA and implementing program offices as applicable

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Designate operation and notify Congress; annual continuing-designation review.
• Where United States not participating, joint Defense-State national-interest certification and 15-day wait.

Funding conditions

• Applicable O&M/program funds and statutory value ceilings; resource availability not certified.

Limits and exclusions

• No support otherwise prohibited by law.
• Equipment-loan, interoperability and construction categories have particular recipient/purpose/geography conditions.
• Aggregate ceilings differ by category; this is not a general foreign grant fund.

Coordination path: CCMD operational requirement → State/DSCA/Service design → SecDef designation and necessary certifications → logistics or loan execution.

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

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.

INT-16 · Strengthen partner defense financial management and institutions

Authority type: Security cooperation

Assign advisors/trainers to build ministries’ governance, internal controls, resource-management and core defense competencies.

Legal holder: Secretary of Defense with Secretary of State concurrence.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: DSCA and Defense Security Cooperation University institutional-capacity-building implementers; Assigned DoD civilian/military advisors and approved support contractors

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Eligible foreign ministry/security oversight institution or regional security organization.
• State concurrence; 15-day notice before regional-organization advisor assignments.
• Annual activity/reporting requirements.

Funding conditions

• Available program funds; assignment/training support costs within authorized program.

Limits and exclusions

• Defense institution remit, not general economic administration of foreign countries.
• Advice authority does not authorize moving partner money or replacing their sovereign decision-making.

Coordination path: SCO/CCMD institutional diagnosis → DSCA institutional-capacity-building team → State concurrence and work plan → advisor/training support.

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

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.

INT-17 · Pay for combined training and exercises and partner incremental expenses

Authority type: Security cooperation

Train U.S. forces with friendly military or similar-function national security forces and pay permitted exercise, partner and small-construction costs; special-operations training has a separate path.

Legal holder: Military Department Secretary or combatant commander for §321 payments; designated combatant commanders for §322, within SecDef-approved procedures.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: Training/exercise Service or CCMD available funds

Approves: Secretary of Defense prior approval under prescribed regulations; Service Secretary or combatant commander statutory payment authority

Executes: Service units and exercise contracting/support offices; USSOCOM/theater special operations commands for §322

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Primary purpose is training U.S. forces (SOF for §322).
• Partner incremental-expense eligibility; developing-country restrictions/exception under §321 regulations.
• Required fiscal controls and reports.

Funding conditions

• §321 allows covered activities spanning into next fiscal year; check actual funds.
• Partner incremental expenses do not become general salary/budget support.

Limits and exclusions

• Not substitute for §333 partner-capacity assistance where principal purpose differs.
• FY26 law removed general-purpose-force military-only restriction but retained comparable-function national-security-force qualification.

Coordination path: Exercise sponsor → CCMD/Service counsel and comptroller → identify §321 vs322 purpose/recipient → SecDef approval → authorized payments and reporting.

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

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

Currentness: GovInfo2024 §§321-322 read; Pub. L.119-60 §1201 directly applied: revised eligible forces and payment categories; quarterly retrospective report replaces prospective schedule.

INT-18 · Exchange defense personnel and pay eligible foreign-partner liaison/travel expenses

Authority type: Security cooperation

Reciprocal or nonreciprocal exchanges, R&D assignments to supporting foreign industry, and narrowly eligible cooperation travel/liaison support.

Legal holder: Secretary of Defense; specific request/coordination requirements vary.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: Service personnel/international offices; Host headquarters support and travel offices

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Exchange acceptable to parties; State concurrence for specified non-defense/international organizations and foreign-industry R&D assignment.
• Normally each government pays its own personnel, with specified host costs excepted.
• Apply developing-country, extraordinary-circumstance and program-specific travel conditions.

Funding conditions

• Available eligible funds and travel ceilings; §312 liaison annual monetary limit applies.

Limits and exclusions

• No oath of allegiance or official capacity in host government under §311.
• Liaison support, UN Command expenses and Colombia training expenses are bounded categories, not generalized gifts.

Coordination path: Headquarters/Service requirement → personnel/international agreement → appropriate State coordination → travel/support office with fiscal eligibility check.

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

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.

INT-19 · Conduct National Guard State Partnerships and share activity costs

Authority type: Security cooperation

Establish National Guard partnerships with foreign military, security and disaster/emergency organizations and pay eligible U.S. and foreign incremental costs.

Legal holder: Secretary of Defense with Secretary of State concurrence; Chief of National Guard Bureau designates state/territory coordinators.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DoD/National Guard funds legally available for program

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: National Guard Bureau; State/territory National Guard partnership coordinators

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• National-security-interest finding and 15-day notice for covered nonmilitary-security/disaster activities.
• Members participating abroad must be in active-duty armed-forces status under this authority.
• Unit human-rights restriction §362 applies.
• FY26 §1206 requires partnership selection analysis to account for existing State partnerships and Guard capacity.

Funding conditions

• Available DoD/Guard program appropriations; foreign expense cap is not an allocation.

Limits and exclusions

• Not authority for State governments independently to conduct U.S. foreign policy.
• Foreign incremental-expense aggregate statutory cap applies.

Coordination path: SCO/CCMD partnership priority → NGB/state coordinator → Defense-State approval → eligible status and funded activity.

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

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. FY26 §1206 statutory selection-analysis requirement read.

INT-20 · Sell DoD stocks or procure defense articles/services for foreign customers

Authority type: Security assistance sales

Government-to-government sales from stocks and procurement for cash sales, with recipient undertakings to meet costs and cancellation liabilities.

Legal holder: President and Secretary of State statutory policy/supervision roles; DoD/DSCA executes authorized delegated sales.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: DSCA-designated implementing agency; Army DASA(DE&C)/USASAC; Navy NIPO and systems commands; Air Force SAF/IA and implementing program offices as applicable

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Eligible country/organization and end-use/retransfer assurances.
• Price, advance-payment/dependable-undertaking rules; applicable §2776 congressional review.
• Review combat readiness, release/security and export conditions.

Funding conditions

• Purchaser/authorized assistance financing; relevant FMS trust/admin accounts and cost recovery.

Limits and exclusions

• Not unilateral DoD foreign-policy financing discretion.
• Personnel performing sold defense services may not perform combatant duties under §2761(c).
• No presumption of authority to subsidize a purchaser’s costs.

Coordination path: Partner/SCO request → IA case design and release → State/DSCA approvals/congressional process → LOA funding → Service/Agency contracting and delivery.

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

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.

INT-21 · Arrange authorized foreign military credit and loan guarantees

Authority type: Security assistance finance

Finance foreign defense procurement and guarantee eligible financing through Presidential/State-supervised statutory programs administered with DoD support.

Legal holder: President under AECA; State policy/supervision and delegated administration, with DSCA execution role.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: Specifically provided FMF/credit subsidy and administrative resources; Treasury/financing institutions as required

Approves: President/authorized delegate and Department of State; Applicable credit-program approvals

Executes: DSCA foreign-military-financing and financial offices; Implementing agency contracting/case offices

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Friendly-country or organization defense procurement; specific financing terms and statutory repayment/interest rules unless later country-specific law controls.
• Guarantee fees and applicable Federal credit-budget requirements.

Funding conditions

• Credit/guarantee ceiling and subsidy resources must be legally available; no current credit capacity inferred.

Limits and exclusions

• Not authority for DoD to give any foreign firm a loan or guarantee for any national-security purpose.
• Annual appropriations/country restrictions and cash-flow financing notices may control.

Coordination path: Partner need → State financing policy and resource allocation → DSCA finance/counsel → authorized loan/guarantee agreement → procurement and repayment oversight.

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

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.

INT-22 · Lease or loan defense articles to foreign partners

Authority type: Security assistance leasing

Provide temporary access to qualifying DoD stocks under AECA leasing or separate authorized assistance-loan pathways.

Legal holder: President, with statutory State supervision and authorized DoD execution.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: DSCA-designated implementing agency; Army DASA(DE&C)/USASAC; Navy NIPO and systems commands; Air Force SAF/IA and implementing program offices as applicable

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Compelling reasons for lease rather than sale; articles not currently needed for public use.
• Industrial-base effects considered; cost/depreciation/damage-return terms unless specific exception.
• Congressional certification and 15/30-day wait for leases of one year or more.

Funding conditions

• Lessee payment of specified costs subject to narrow statutory exceptions; U.S. expenditures still require funds.

Limits and exclusions

• Normally maximum five years plus specified refurbishment period; President can terminate and demand return.
• Cannot use ordinary 10 USC2667 property lease authority as substitute for foreign defense-article lease.

Coordination path: Partner gap → Service stock/readiness review → DSCA/State and required finding → Congress → lease and custody/end-use control.

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

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.

INT-23 · Transfer excess articles or draw down existing resources for authorized partner needs

Authority type: Security assistance transfers

Use excess-defense-article grants/sales or Presidential drawdowns under distinct statutory triggers.

Legal holder: President; State supervision and DoD implementing agencies.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: President/authorized delegate; State and applicable congressional notification

Executes: DSCA and Service/DLA property owners; Supporting transportation and training organizations

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• EDA drawn from existing stocks; readiness/industrial-base findings and recipient justification.
• Drawdown emergency/national-interest or Taiwan-specific statutory branch must fit; applicable notices and ceilings.

Funding conditions

• Value ceilings and replacement/transport appropriations separate; country-specific supplemental law may modify general ceilings.

Limits and exclusions

• EDA is not authority to buy new equipment for transfer from DoD procurement funds.
• EDA crating/transport costs have restrictions and limited exception.
• Drawdown authorization does not automatically fund replacement of U.S. stocks.

Coordination path: Strategic requirement → State/President pathway choice → Service inventory/readiness → DSCA transfer case → transport/end-use/accountability.

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

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.

INT-24 · Provide civilian humanitarian and civic support with military operations

Authority type: Foreign humanitarian assistance

Perform limited medical/veterinary care, rudimentary public works, water/sanitation and related assistance serving basic civilian needs; broader humanitarian assistance has a separate funding pathway.

Legal holder: Military Department Secretary under §401 regulations and Secretary of State approval; SecDef for §2561.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: Service engineering/medical forces and designated implementers; DSCA humanitarian-assistance program offices

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• §401 activities in conjunction with authorized military operations and promote both U.S./host security and operational-readiness skills.
• Complement rather than duplicate other U.S. social/economic assistance.
• §2561 notice before programs over $5m, with narrow 48-hour extraordinary-circumstances alternative.

Funding conditions

• §401 direct expenses require purpose-specific appropriations; other O&M only incidental costs.
• §2561 humanitarian amounts as actually authorized/appropriated; no-year treatment only to extent appropriation permits.

Limits and exclusions

• §401 may not directly or indirectly aid groups engaged in military/paramilitary activity.
• Not unrestricted development aid; separate statutory purposes and fund sources must be identified.

Coordination path: CCMD/SCO civilian need → State and DSCA humanitarian coordination → choose §401/2561 and readiness/purpose finding → funded implementer.

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

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.

INT-25 · Transport donated relief and furnish foreign disaster assistance

Authority type: Foreign humanitarian assistance

Carry nongovernmental relief supplies on a space-available basis or, when directed by the President, provide transport, supplies, services and equipment for foreign disasters.

Legal holder: Secretary of Defense for donated transport; President directing SecDef for foreign disaster assistance.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: Existing eligible transportation capacity; OHDACA or other available purpose-appropriate funds

Approves: Secretary of Defense for §402 eligibility; President for §404 direction

Executes: USTRANSCOM/Service transportation and disaster-response elements

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Donated supplies must be suitable, needed, usable and have distribution arrangements; space available.
• §404 manmade/natural disaster necessity to prevent loss of lives or serious environmental harm; 48-hour congressional report.

Funding conditions

• §402 normally without charge; environmental transport reimbursement permitted.
• Disaster authority and appropriation availability remain distinct.

Limits and exclusions

• §402 aid not for military/paramilitary recipients.
• Environmental-only transport needs unavailability of other sources.
• Capacity and operational availability are not guaranteed.

Coordination path: Relief requirement/State coordination → capacity and eligibility review → correct approval branch → transportation/disaster execution.

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

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.

INT-26 · Train partners to clear explosive hazards and secure/dispose munitions

Authority type: Foreign humanitarian assistance

Provide humanitarian demining and stockpiled conventional-munitions technical assistance, training, equipment and support.

Legal holder: Military Department Secretary under SecDef regulations; specific Secretary of State approval.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DSCA and the specified program appropriation holder; Service/Defense Agency comptroller

Approves: Secretary of Defense or documented authorized delegate; Secretary of State where required

Executes: Service humanitarian mine-action teams; Designated training/technical assistance and contracting offices

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Promote shared security interests or U.S. operational-readiness skills.
• Complement other assistance; State approval; annual activity/cost and unfulfilled-demand report.

Funding conditions

• Direct expenses from specifically appropriated overseas humanitarian-assistance funds.

Limits and exclusions

• U.S. members generally cannot physically detect, lift or destroy mines under this authority unless concurrently supporting a U.S. military operation.
• Not permission to join another country’s military operation without U.S. armed-forces participation.

Coordination path: Partner explosive-hazard need → CCMD/State/DSCA → Service training proposal → funds/approval → technical assistance within statutory limits.

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

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.

INT-27 · Supply goods, equipment and services to reduce foreign WMD proliferation threats

Authority type: Cooperative threat reduction

Cooperative Threat Reduction supports weapons/material security, elimination, transport, bio-threat detection and partner contacts; emergent/urgent branches offer additional conditional flexibility.

Legal holder: Secretary of Defense; urgent ungoverned-area branch requires President.

Plans: USD(P) threat-reduction policy; DTRA CTR Directorate and CCMD partner planners

Pairs / owns resources: CTR appropriation/program account

Approves: Secretary of Defense; State concurrence; Energy concurrence for specified urgent governed-area branch; President for urgent ungoverned-area branch

Executes: DTRA CTR program and contracting offices

Partner dependencies: Foreign partner governments; State, Energy and other reimbursed federal agencies

Requirements

• Authorized proliferation-reduction purpose; eligible agreements and legal country conditions.
• Normally 15-day obligation notice; urgent statutory branch has specified findings and different notices.
• Emergent projects generally completed within five years and DoD best capable, subject to statutory exception.

Funding conditions

• CTR funds legally available; reimburse other U.S. agencies for participation where authorized.

Limits and exclusions

• §3711 permits goods/services/equipment but NOT direct cash funding of the foreign project/activity.
• Urgent notwithstanding-law branch capped at 15% of fiscal-year CTR funds; not a general waiver for unrelated missions.

Coordination path: WMD risk requirement → DTRA/CCMD and State/Energy → branch-specific findings/notice → DTRA acquisition/partner project.

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

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.

INT-28 · Fund a partner agency to do complementary work DoD cannot do itself

Authority type: Interagency security cooperation

Support other U.S. agencies’ foreign-assistance activities necessary to effectiveness of DoD Chapter16 programs and beyond DoD’s own authority.

Legal holder: Secretary of Defense, with receiving agency head for transfer notification.

Plans: Geographic or functional CCMD security-cooperation planners; Embassy SCO and Chief of Mission country team

Pairs / owns resources: DoD funds legally available for §385 support

Approves: Secretary of Defense and receiving agency head

Executes: Receiving U.S. agency with its own substantive authority; DoD/DSCA transfer and program-monitoring offices

Partner dependencies: Foreign partner government; Department of State; Export-control/foreign-disclosure officials

Requirements

• Activity necessary to a Chapter16 DoD program and cannot be carried out by DoD.
• For transfers, joint notice describing need, cost, theater plan, other funds and why DoD cannot act; 30-day wait.

Funding conditions

• Proper transfer and purpose-available funds; not unrestricted funding augmentation.

Limits and exclusions

• Does not transfer another agency’s legal powers to DoD.
• Aggregate $75m annual support ceiling; recipient must have its own authority.

Coordination path: Identify complementary non-DoD need → legal mismatch → empowered partner → joint notice/funding transfer → partner execution plus DoD outcome tracking.

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

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.

INT-29 · Support partners facilitating ongoing authorized U.S. counterterrorism operations

Authority type: Special operations support

Provide eligible material or financial support to foreign forces, irregular forces, groups or individuals supporting authorized U.S. SOF operations.

Legal holder: Secretary of Defense personally; funding-availability decision is nondelegable; relevant Chief of Mission concurrence.

Plans: USSOCOM/theater special operations planners; ASD(SO/LIC) policy oversight

Pairs / owns resources: Purpose-available DoD O&M

Approves: Secretary of Defense personally; Relevant Chief of Mission

Executes: Authorized special operations program execution and support offices

Partner dependencies: State country team; Other Federal agencies as procedures require

Requirements

• Existing authorized ongoing U.S. SOF counterterrorism operation.
• Legal review, recipient human-rights checks, Chief of Mission concurrence and statutory notices.

Funding conditions

• O&M amounts legally available for that fiscal year.

Limits and exclusions

• Not authorization for covert action or for introduction into hostilities; no support inconsistent with law of armed conflict.
• Statutory annual support ceiling $100m; distinct from actual resource allocation.

Coordination path: Operational sponsor → SO/LIC/State/legal/resource review → SecDef nondelegable approval → notice and controlled support.

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

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.

INT-44 · Operate international education/research networks and fund university partnerships

Authority type: Security cooperation education and networks

Host bilateral and multilateral research, discussion and training; pay eligible participant costs, receive reimbursements, and use specified grants/contracts/cooperative agreements for Irregular Warfare Center higher-education partnerships.

Legal holder: Secretary of Defense; Regional Center directors for authorized service agreements; ASD(SO/LIC) is IWC executive agent after FY26 amendment.

Plans: CCMD and regional-center academic/program staffs; OUSD(P)/ASD(SO/LIC) for irregular warfare priorities

Pairs / owns resources: Regional Center appropriations and eligible reimbursements; Irregular Warfare Center and Regional Defense Fellowship Program resource holders

Approves: Secretary of Defense or documented delegate; State concurrence for prescribed participant categories and joint fellowship planning

Executes: Six statutory Regional Centers; Irregular Warfare Center and Defense Security Cooperation University contracting/grants offices

Partner dependencies: Foreign officials and eligible NGO/international-organization participants; U.S. agencies and higher-education institutions

Requirements

• Use statutory center and authorized subject matter; regional-center reimbursements normally required unless eligible waiver.
• FY26 removed developing-country limitation for §342(f)(3)(A) military/defense/security participant waivers; national-security-interest finding remains.
• For IWC university partnerships use §2679 support agreement or contract/cooperative agreement/grant through DSCU.

Funding conditions

• Center appropriations, eligible reimbursements, and authorized gifts under §2611 subject to their terms.
• IWC faculty and operating costs require appropriations; statute permits higher-education partnering rather than unrestricted business grants.

Limits and exclusions

• Cannot designate an unlisted institution as a §342 Regional Center.
• RDFP statutory annual cap $35 million; center-specific costs are not automatically included in that fellowship cap.
• Reimbursable Regional Center services to other Federal agencies require SecDef concurrence and full-cost payment.

Coordination path: Theater or institutional need → relevant center/IWC → cost and participant eligibility → State/Defense approval or waiver → education/research agreement and funded execution.

Availability: Existing statutory pathway; program-specific approvals, eligible recipients, actual appropriations and delegations remain necessary.

Confidence: High on statutory capability; implementation and available resources not certified.

Currentness: Full GovInfo2024 §§342 and345 read; FY26 §§1203-1204 directly applied, including IWC executive-agent replacement from DSCA to ASD(SO/LIC). Target October 2, 2026; subsequent enactment delta not certified.

INT-45 · Share multinational education-center operating costs, facilities and personnel support

Authority type: Security cooperation education and networks

Fund U.S. participation and a share of operating costs at eligible multinational centers of excellence; furnish facilities, supplies, services and faculty support to the Inter-American Defense College.

Legal holder: Secretary of Defense with Secretary of State concurrence for required agreements.

Plans: CCMD/Service interoperability and education sponsors

Pairs / owns resources: Purpose-available DoD operation and maintenance account holder

Approves: Secretary of Defense and Secretary of State agreement concurrence

Executes: Designated supporting Service or Defense component; Eligible multinational center or Inter-American Defense College support offices

Partner dependencies: NATO-accredited centers, European Centre for Countering Hybrid Threats, International Special Training Centre; Inter-American Defense Board

Requirements

• Formal memorandum specifying cost sharing when DoD funds/facilities/equipment used.
• New §344 center participation requires 30-day congressional notice.
• Inter-American Defense College MOU includes curriculum and academic development plan.

Funding conditions

• O&M may pay covered operating and participation/support costs, not the excluded salaries.
• §351 permits covered fiscal-year-start activities to end in next fiscal year.

Limits and exclusions

• These sections do not finance pay/salaries of participating U.S. military/civilian employees.
• Centers must fit statutory definition; no general authority to endow arbitrary foreign think tanks.
• Developing-country reimbursement waiver for Inter-American Defense College requires national-security-interest determination.

Coordination path: Interoperability/academic requirement → sponsoring component → State-concurred MOU/cost sharing → required notice and resource certification → center support.

Availability: Existing statutory pathway; program-specific approvals, eligible recipients, actual appropriations and delegations remain necessary.

Confidence: High on statutory capability; implementation and available resources not certified.

Currentness: GovInfo2024 §§344 and351 full bodies read; FY26 NDAA text searched for amendments. Target October 2, 2026; later enactment delta not certified.

INT-46 · Provide foreign partners with digital learning content and necessary information technology

Authority type: Security cooperation education and networks

Supply internet-based education, distributed learning and computer-assisted exercise content together with software/IT needed to use it.

Legal holder: Secretary of Defense with Secretary of State concurrence.

Plans: Service/CCMD interoperability and distributed-learning sponsors

Pairs / owns resources: Appropriate training/program appropriation holder

Approves: Secretary of Defense or valid delegate and Secretary of State concurrence; Export-control and foreign-disclosure officials

Executes: Authorized DoD education/training content and IT program offices; Warranted contracting offices where acquisition required

Partner dependencies: Friendly foreign government with its permission; Eligible foreign military and civilian personnel

Requirements

• Enhance multinational military interoperability and allied/friendly capabilities.
• IT only to extent necessary to use the authorized learning content.
• Follow issued utilization procedures; modifications must be reported within 30 days.

Funding conditions

• Requires legally available funds; provision authority is not an appropriation.

Limits and exclusions

• Expressly subject to AECA and other applicable technology export controls.
• Not general authority to equip foreign schools or businesses with IT unrelated to authorized content.

Coordination path: Interoperability learning need → content/IT support design → partner permission and Defense-State/release approvals → eligible distribution.

Availability: Existing statutory pathway; program-specific approvals, eligible recipients, actual appropriations and delegations remain necessary.

Confidence: High on statutory capability; implementation and available resources not certified.

Currentness: GovInfo2024 §346 full body read; FY26 NDAA text searched for amendments. Target October 2, 2026; later enactment delta not certified.

Workforce and expertise

ACQ-21 · Build research capacity in eligible states through DEPSCoR

Authority type: University research & workforce

Competitively fund university research, instrumentation and graduate assistance, and facilitate laboratory collaboration in eligible states and territories.

Legal holder: Secretary of Defense acting through USD(R&E)

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• USD(R&E) designates eligible states using statutory funding and state-commitment criteria.
• Awards support defense-responsive science/engineering and competitive research capacity.

Funding conditions

• Available program appropriations; no entitlement from designation alone.

Limits and exclusions

• Geographically targeted eligibility; not a universal state economic-development grant.

Coordination path: USD(R&E) program → eligible-state/institution review → Service research/grants office → university/laboratory partnership.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-22 · Strengthen HBCU and minority-serving defense research and education

Authority type: University research & workforce

Support covered institutions through competitive grants, agreements, contracts, scholarships, fellowships, instrumentation, faculty support and partnerships.

Legal holder: Secretary of Defense acting through USD(R&E) and military-department Secretaries

Plans: USD(R&E) and Service science-and-technology executives; DARPA or Service laboratory/program manager

Pairs / owns resources: Sponsoring component RDT&E budget owner; component comptroller

Approves: Secretary of Defense or military-department Secretary; valid delegate must be confirmed

Executes: DARPA Contracts Management Office or Service contracting/grants/agreements office; Performing laboratory or external research performer

Partner dependencies: Operational customer / acquiring program; Security, export-control, counsel and fiscal officials as applicable

Requirements

• Covered institution as defined by §4144(f); defense-related research/education purpose.
• FY2026 onward specified research-capacity program must issue separate opportunities for HBCU/Tribal institutions and other MSIs.

Funding conditions

• Appropriated program funds; funding may be limited to institutions without significant prior DoD RDT&E support.

Limits and exclusions

• USD(R&E)-run program’s programming/budgeting authority cannot be transferred outside OSD.
• Award eligibility does not eliminate competition and applicable research-security restrictions.

Coordination path: USD(R&E) capacity program → Service research office → institution eligibility and merit evaluation → award/partnership.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-23 · Contract directly for university students’ temporary technical services

Authority type: Research workforce

Obtain temporary/intermittent student technical support for defense R&D laboratories, directly or through nonprofit employers.

Legal holder: Secretary of Defense

Plans: Laboratory technical manager

Pairs / owns resources: Laboratory research budget owner

Approves: Authorized agency contracting official under Secretary of Defense regulations/delegation

Executes: Laboratory and student or nonprofit employing students

Partner dependencies: University; laboratory HR/counsel

Requirements

• Student and institution meet implementing definitions; services are technical support at defense R&D laboratory.

Funding conditions

• Expressly subject to appropriations for this purpose.

Limits and exclusions

• Specified workers-compensation and tort-claims employee status only; not general federal employee status.
• Not an unrestricted personal-services contract exception for all professionals.

Coordination path: Lab identifies time-limited support → student/nonprofit eligibility → contracting office → lab supervision and liability review.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-24 · Provide STEM scholarships and fellowships tied to service

Authority type: Research workforce

Fund critical national-security STEM education, arrange internships, appoint successful participants and convert qualifying appointments into career service.

Legal holder: Secretary of Defense

Plans: DoDSMART program and sponsoring facility workforce planners

Pairs / owns resources: SMART program funds and sponsoring component personnel resources

Approves: Secretary of Defense/designated SMART and appointment officials

Executes: SMART program administrator; sponsoring facility HR

Partner dependencies: Accredited institutions; qualifying industry internship sponsors

Requirements

• Critical discipline, eligible citizenship/institution, written service agreement at least matching supported study period.

Funding conditions

• Scholarship/fellowship funds; sponsor must identify funded employment and service placement.

Limits and exclusions

• Non-U.S. TTCP participation capped at 5 new recipients per year.
• Noncompletion/service failure can create repayment debt; Secretary has specified waiver authority.

Coordination path: Facility identifies STEM need → SMART selection and service agreement → education/internship → appointed service position.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-25 · Direct-hire laboratory scientists, engineers, students and qualified veterans

Authority type: Research workforce

STRL directors can appoint eligible specialists outside ordinary competitive hiring procedures, convert qualifying students and manage lab workforce within budget.

Legal holder: Directors of designated STRLs; specified research/test directors for covered positions

Plans: STRL director and technical managers

Pairs / owns resources: Laboratory personnel budget

Approves: Director under statutory eligibility/numerical rules

Executes: Laboratory HR and appointing official

Partner dependencies: Service civilian-personnel offices; candidates

Requirements

• Position and candidate must fit scientific/engineering, veteran STEM or student categories.
• Annual caps by category based on prior-year filled positions; senior technical positions have separate limits.

Funding conditions

• Existing laboratory personnel funds; no automatic additional funded billets.

Limits and exclusions

• Budget control remains; exclusion from personnel limits does not cover SES or scientific/professional §3104 positions.
• Other preserved civil-service requirements remain.

Coordination path: Technical manager → laboratory HR verifies degree/veteran/student eligibility and remaining allocation → director appointment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

ACQ-26 · Recruit eminent experts with special appointment and pay flexibility

Authority type: Research workforce

Specified labs and agencies can appoint eminent scientific/engineering experts and, at OSC, finance/investment experts using tailored appointment, compensation and term rules.

Legal holder: Named officials: Secretary of Defense for designated labs; DARPA, DOT&E, SCO, DIU, NGA, SDA, USCYBERCOM, USD(R&E), OSC leaders

Plans: Named organization’s director and technical leadership

Pairs / owns resources: Organization personnel budget

Approves: Named statutory program official

Executes: Organization HR and appointment authority

Partner dependencies: Specialist candidates; Service/component personnel and ethics offices

Requirements

• Only listed organizations/fields, position counts and compensation rules.
• Normal term 4 years; specified extension up to 2 years when statutory conditions met.

Funding conditions

• Organization budget must cover compensation; elevated statutory pay ceiling is not salary authorization for every position.

Limits and exclusions

• Not a general DoD exception for hiring any consultant.
• SDA provision sunsets 2030-12-31; joint-AI paragraph(a)(6) shows expired 2024-12-31 in audited baseline and is not represented as current.

Coordination path: Eligible director identifies expert role → HR validates statutory slots/term/pay → fiscal and ethics checks → appointment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. FY26 amendment search found no extension of the expired joint-AI subauthority; verify before any reliance.

ACQ-27 · Offer enhanced pay for critical laboratory technology positions

Authority type: Research workforce

Set elevated basic pay for narrowly defined high-end STRL research/technology and acquisition experts to recruit or retain exceptional personnel.

Legal holder: Secretary of Defense program; Service acquisition executive or military-department Secretary approves applicable pay

Plans: Laboratory director

Pairs / owns resources: Military-department/laboratory personnel budget

Approves: Service acquisition executive; Service Secretary for pay above 150% of Executive Schedule Level I

Executes: Laboratory HR/appointing officials

Partner dependencies: USD(R&E) for approved transfer of allocations among Services

Requirements

• Extremely high expertise and critical research/technology mission; use only to recruit/retain exceptionally qualified person.

Funding conditions

• Available personnel appropriations; service approval of program and compensation.

Limits and exclusions

• Normally not more than 5 positions per military department, with statutory allocation-transfer option.
• Position term less than 5 years.

Coordination path: Lab critical-role case → Service acquisition executive approval → Secretary if pay threshold exceeded → funded appointment.

Availability: Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

FIN-10 · Hire temporary experts and consultants

Authority type: Workforce and specialized expertise

Procure specialized expertise under express DoD authority and the temporary/intermittent expert-services framework.

Legal holder: Secretary of Defense or military department Secretary

Plans: Component needing specialized expertise

Pairs / owns resources: Hiring/sponsoring component

Approves: Secretary concerned or lawful delegate

Executes: Human-resources office; Contracting office where applicable

Partner dependencies: None specifically identified in this record

Requirements

• Advantageous to the United States and not adequately available within DoD.
• §3109 temporary service normally no more than one year, or intermittent; applicable compensation rules.

Funding conditions

• Lawfully available component funds; no additional appropriation created.

Limits and exclusions

• Not an unrestricted exemption from conflict-of-interest or inherently governmental responsibilities.
• §129b(d) separately permits narrowly conditioned personal-service contracts for overseas, defense intelligence/counterintelligence, or SOCOM support.

Coordination path: Need owner → responsible component counsel and comptroller → statutory official or verified delegate → authorized execution office. Office labels describe functional roles; individual delegations and funds are not certified.

Availability: Existing statutory pathway; transaction-specific funds, approval, and delegation verification required.

Confidence: High for statutory mechanism; individual execution readiness not verified.

Currentness: 2024 official Code baseline compared with available current text; targeted FY2026 NDAA and FY2027 continuing-resolution review. See coverage audit; not a complete legal citator.