EconDefense
INT-36 / Intelligence, counterintelligence and security

Protect classified contractor information and mitigate foreign ownership risks

Conduct industrial-security functions, assist other agencies, and integrate DCSA FOCI assessment with acquisition responsibility, contract conditions and oversight.

Action briefPDF dossier · original 168Download record
Authority / instrument · INT-36

Industrial security and counterintelligence

Intelligence, counterintelligence and security

Statute & instrument
Authority holder

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

What this does not authorize / hard limit

DCSA is not a general regulator of every U.S. company or substitute for CFIUS.

Recorded executor

DCSA Industrial Security and CI/Insider Threat directorates; Service CI: ACIC, NCIS, AFOSI; DCMA/DCAA and program contracting offices as relevant

Continue to actor →

Institutional routing from the recorded executing role. See the office profile for its published responsibilities and engagement routes.

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingScale documentedAvailable security/acquisition resources; legislation requires sufficient resources but does not itself appropriate them. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRemit sourcedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementRelated evidenceThe classified facility-clearance process is established. A May 2026 proposed rule would implement expanded Section847 ownership-risk reviews for covered contracts; no final-rule effective date was verified. Program check: 2026-10-04; see each route for intake status.

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

At a glance

Possible toolINT-36 · Security & information
Legal basis10 U.S.C. § 428

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

Security & information

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

Availability and verification

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

Program process and intake

Checked 2026-10-04 · process documented. Program evidence is separate from legal authority, available funds and transaction approval.

The classified facility-clearance process is established. A May 2026 proposed rule would implement expanded Section847 ownership-risk reviews for covered contracts; no final-rule effective date was verified.

Classified facility clearance sponsorship

Who this route serves
Entities needing classified access for a legitimate government requirement
Administering office / routing lead
DCSA; sponsoring Government Contracting Activity or cleared prime contractor
Related process

DCSA documents an operating classified-facility sponsorship process, but this program page does not attribute each clearance to §428. It is related industrial-security process evidence, not proof that the separate expanded unclassified-contract regime is operational.

What this evidence label means
Published sponsorship process

DCSA publishes the FCL process and required sponsorship package. A company cannot sponsor itself.

Status reference date: 2026-10-04 · research checked 2026-10-04

DCSA Facility Clearances · Sponsorship; NISS; required supporting packageofficial program guidance · Evidence record

Program eligibility

  • A bona fide classified requirement and eligible government or cleared-prime sponsor are required.

    DCSA Facility Clearances · Sponsorship; NISS; required supporting packageofficial program guidance · Evidence record

Steps and preparation

  • The sponsor submits in NISS with the required DD254, statement of work and government authorization; DCSA acceptance initiates the facility package.

    DCSA Facility Clearances · Sponsorship; NISS; required supporting packageofficial program guidance · Evidence record
Funding, limits and authority relationship

Funding and financial terms

  • Security administration, not assistance · Statutory conditions; no available balance established

    The statute does not provide a company grant or guarantee a clearance-processing time.

    10 U.S.C. § 428 · 2024 edition (GovInfo) · 10 U.S.C. § 428statute · Evidence record

Exclusions and limits

Authority relationship source

DCSA Facility Clearances · Sponsorship; NISS; required supporting packageofficial program guidance · Evidence record

Facility clearance sponsorship guidance →

sponsor-led clearance process: Start with the government requirement and sponsor, not self-sponsorship.

Expanded Section847 FOCI reviews — May 2026 proposed DFARS rule

Who this route serves
Contractors potentially covered by the expanded statutory regime
Administering office / routing lead
DCSA and contracting departments
Related process

The proposal expressly partially implements FY 2020 section 847 and FY 2021 section 819 and describes DoDI 5205.87. Its publication is evidence of rulemaking, not proof that the proposed contract clauses are effective.

What this evidence label means
Proposed rule published; final rule not verified

Published May 7, 2026; comments closed July 6, 2026. No final rule or operative effective date was located in the reviewed sources. DCSA’s undated forecast is not converted into a current legal deadline.

Status reference date: 2026-10-04 · research checked 2026-10-04

Proposed DFARS FOCI rule2021-D011 · 91FR24783–24788; Background and Discussion; proposed240.27X and252.240-70XX/70YYproposed acquisition regulation · published 2026-05-07 · Evidence record

Program eligibility

  • Proposed coverage includes contracts and subcontracts above$5 million; commercial products/services are included only when the designated senior official makes the specified national-security risk determination.

    Proposed DFARS FOCI rule2021-D011 · 91FR24783–24788; Background and Discussion; proposed240.27X and252.240-70XX/70YYproposed acquisition regulation · published 2026-05-07 · Evidence record

Steps and preparation

  • If adopted as proposed, covered offerors would disclose beneficial ownership/FOCI through SF328 in NISS and have eligible status or satisfy an exception. Identified mitigation would generally be implemented within90 days of award under the proposed provision.

    Proposed DFARS FOCI rule2021-D011 · 91FR24783–24788; Background and Discussion; proposed240.27X and252.240-70XX/70YYproposed acquisition regulation · published 2026-05-07 · Evidence record
Funding, limits and authority relationship

Exclusions and limits

  • The numbered XX/YY clauses are proposed placeholders. Verify any final rule, effective date and actual solicitation before treating these steps as operative contract requirements.

    Proposed DFARS FOCI rule2021-D011 · 91FR24783–24788; Background and Discussion; proposed240.27X and252.240-70XX/70YYproposed acquisition regulation · published 2026-05-07 · Evidence record

Authority relationship source

Proposed DFARS FOCI rule2021-D011 · 91FR24783–24788; Background and Discussion; proposed240.27X and252.240-70XX/70YYproposed acquisition regulation · published 2026-05-07 · Evidence record

Read the published proposed FOCI rule →

proposed regulation: Rulemaking/reference information; comment window has closed. Not an application or assertion of current contractual applicability.

Research scope and sources checked

Read DCSA’s live FCL and Section847 pages and the April 2026 GAO audit. Kept established classified access and pending expanded contractor vetting separate. Independent followup read the official May 7, 2026 proposed rule in full relevant coverage/disclosure sections and searched2021-D011 final-rule status. No final rule was located; no predicted October 2026 effective date is asserted.

What remains unverified

  • No final DFARS rule or current effective date was verified; a final text and actual solicitation are needed before applying the proposed clause as a requirement.
  • The existing FCL process is separately documented; the proposed expansion must not be converted into an all-contractors compliance badge.

A dated source check is not continuing monitoring. Recheck the linked official notice before preparing a submission. Browse program research →

Requirements and limits

Eligibility & prerequisites

  • 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.

Limits & 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.

Funding conditions

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

Read the funding and execution guide

Who contributes what

Need & planning

Resources

  • Program/acquisition security funds
  • DCSA program resource owner
    Office profile

Approval

  • Statutory/appointed acquisition decision-maker and contracting officer
    Office profile
  • DCSA security determination officials within documented delegations
    Office profile

Execution

Partners & review

  • FBI for its domestic CI/criminal jurisdiction
  • Treasury-led CFIUS where covered transaction
  • Contractor security and beneficial-ownership officials

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

Coordination pathway

Program/contractor risk → DCSA and Service CI → acquisition/counsel decision → mitigation or permissible contract action → FBI/CFIUS referral when their powers needed.

Actor and execution-role sources

Legal basis

What this research establishes

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingScale documentedAvailable security/acquisition resources; legislation requires sufficient resources but does not itself appropriate them. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRemit sourcedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementRelated evidenceThe classified facility-clearance process is established. A May 2026 proposed rule would implement expanded Section847 ownership-risk reviews for covered contracts; no final-rule effective date was verified. Program check: 2026-10-04; see each route for intake status.

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.

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

Related tools in this family