§127d. Support of special operations for irregular warfare
(a)
(b)
(c)
(1)
(2)
(A) Policy guidance for the execution of, and constraints within, activities under the authority in this section.
(B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government.
(C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States.
(D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights.
(E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of-
(i) the requirements for the use of the authority in this section; and
(ii) activities conducted under such authority.
(3)
(d)
(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
(2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities or into situations wherein hostilities are clearly indicated by the circumstances.
(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.
(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
(e)
(f)
(g)
(1)
(2)
(A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported.
(B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds.
(C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds.
(D) The amount obligated under the authority to provide support.
(E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support.
(F) The determination of the Secretary that the provision of support does not constitute any of the following:
(i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or into situations where hostilities are clearly indicated by the circumstances, without specific statutory authorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)).
(ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
(iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves.
(iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.
(h)
(1)
(2)
(A) A description of the reasons for the suspension or termination of such support.
(B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination.
(C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.
(i)
(1)
(2)
(3)
(A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report.
(B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period.
(C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals).
(D) A detailed description of the support provided to the recipients under this section during such period.
(E) The total amount obligated for support under this section during such period, including budget details.
(F) The intended duration of support provided under this section during such period.
(G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces.
(H) The total amount obligated for support under this section in prior fiscal years.
(j)
(1)
(A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and
(B) consulting with the congressional defense committees regarding such matters.
(2)
(A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy.
(B) An overview of relevant authorities and legal issues, including limitations.
(C) An overview of irregular warfare-related interagency activities and initiatives.
(D) A description of emerging combatant command requirements for the use of the authority provided by this section.
(k)
(Added
Editorial Notes
Prior Provisions
A prior section 127d was renumbered section 331 of this title.