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Mining Law Monitor - Volume 22, Issue 1 - (Spring 2005)

Client Alert | less than 1 min read | 06.07.05

  • "Twentymile: The Latest Word on Liability for Independent Contractor Violations Under the Mine Safety and Health Act," Co-Authors: Tim Biddle, Ed Green and Dan Wolff.
    This article also appeared in Stone, Sand & Gravel Review, (July/August 2005)
  • "Focus on Explosives: Failures and Fees," Co-Authors: Ed Green and Mike Gill.
  • "The Resurgence of The U.S. Mining Industry in 2005 And How Our Legal System Can Help It Flourish," Author: Tim McCrum.
  • "MSHA's Dilemma," Co-Authors: Tim Means and Linda Lavache.
  • "An Uncertain Outlook For General Permitting Under The Clean Water Act NPDES Program," Co-Authors: Rich Schwartz, Ellen Steen, and Kirsten Nathanson.

Insights

Client Alert | 2 min read | 05.14.26

Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts

On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert....