Security & information

Authority holder

Secretary of Defense.

Eligibility gate

• Qualifying foreign cryptologic-support arrangement; intelligence-committee reporting.

Funding condition

• Distinct appropriated and nonappropriated branches; account/receipt source must be validated.

All recorded limits

• 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.

Authority holder

Secretary of Defense; applies to military-department components and DIA.

Eligibility gate

• Authorized underlying counterintelligence operation.
• SecDef authorization and finding of impracticability of appropriated funds; internal accounting controls.

Funding condition

• Express limited exception to 31 USC3302 receipts rule.

All recorded limits

• 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.

Authority holder

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

Eligibility gate

• 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 condition

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

All recorded limits

• 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.

Authority holder

Secretary of Defense for MIP; Director DIA for specified DIA NIP amounts.

Eligibility gate

• 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 condition

• Only amounts made available to specified intelligence programs; no independent funding stream.

All recorded limits

• 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.

Authority holder

Secretary of Defense.

Eligibility gate

• Funds already available for Defense intelligence activities; lawful underlying inter-entity transactions.
• Record transfers as expenditure transfers.

Funding condition

• Transfer/account administration authority only; not new budget authority.

All recorded limits

• Funds retain original time, purpose and statutory limits.
• No permission to reprogram to unrelated objects or evade appropriations controls.

Authority holder

Director of DIA in coordination with DNI.

Eligibility gate

• Joint/combined military intelligence activity and partner expense sharing.
• Annual reports identifying partners and purposes.

Funding condition

• Specific foreign-partner receipts; statutory acceptance/expenditure authority ends2028-12-31.

All recorded limits

• 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.

Authority holder

Secretary of Defense; USD(A&S)/DCSA responsibilities in §4819; USD(I&S) security oversight under §137.

Eligibility gate

• 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 condition

• Available security/acquisition resources; legislation requires sufficient resources but does not itself appropriate them.

All recorded limits

• 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.

Authority holder

Authorized government agency and designated certifying supervisory official; DoD element must establish its underlying authorized function.

Eligibility gate

• 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 condition

• Normal lawful intelligence/CI program funding; no special financial subsidy authority.

All recorded limits

• 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.

Authority holder

Director of the National Security Agency.

Eligibility gate

• Director determines grant clearly consistent with national security.
• Federal grant/cooperative-agreement framework applies to extent consistent with NSA information-protection statute.

Funding condition

• Effective only to extent appropriated funds available.

All recorded limits

• Cryptologic research purpose; not unrestricted business investment or general scholarship power.

Authority holder

Secretary of Defense authorizing NGA; Director NGA has specified withholding role.

Eligibility gate

• Qualifying production/exchange agreement; NGO/academic exchanges concern areas outside United States.
• Pricing/release decisions and security/international-agreement restrictions.

Funding condition

• Express map-sale receipts availability for specified licensing fees; other activities need normal funds.

All recorded limits

• Not unrestricted sale or release of classified or protected geospatial data.
• Proceeds authority is limited to foreign data-acquisition fees, not general reinvestment.