Sec. 1041. Support of special operations to combat terrorism
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Section 127e of title 10, United States Code, is amended— by striking subsection
(c)and inserting the following new subsection (c): The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. The Secretary shall notify the congressional defense committees of any material change to such procedures. The procedures required under paragraph
(1)shall establish, at a minimum, each of the following: Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section. The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant Federal entities. The processes through which legal reviews and determinations are made to comply with this section and ensure that the exercise of authority under this section is consistent with the national security of the United States. The Secretary shall provide to the congressional defense committees a notice of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committees of any material change of the procedures. ; in subsection (d)— in the subsection heading, by inserting after of initiation of support of an approved military operation ; Notification in paragraph (1), by striking 15 and inserting 30 ; and in paragraph (2), by adding at the end the following new subparagraphs: A description of the entities with which the recipients of support are engaged in hostilities and whether each such entity is covered under an authorization for use of military force. A description of the steps taken to ensure the support is consistent with other United States diplomatic and security objectives, including issues related to local political dynamics, civil-military relations, and human rights. A description of the steps taken to ensure that the recipients of the support have not engaged in human rights violations or violations of the Geneva Conventions of 1949, including vetting, training, and support for adequately investigating allegations of violations and removing support in case of credible reports of violations. ; by redesignating subsections
(e)through
(h)as subsections
(f)through (i), respectively; by inserting after subsection
(d)the following new subsection (e): Except as provided in paragraph (2), the Secretary shall provide to the congressional defense committees notice in writing by not later that— 15 days before exercising the authority under this section to modify the support of an approved military operation; 30 days before exercising the authority under this section to terminate the support of an approved military operation; or as applicable, 30 days before exercising any other authority under which the Secretary engages or plans to engage with foreign forces, irregular forces, groups, or individuals. If the Secretary finds the existence of extraordinary circumstances affecting the national security of the United States, the Secretary shall provide the notice required under paragraph
(1)not later than 48 hours before exercising authority referred to in subparagraph
(A)or
(B)of such paragraph. Notice provided under paragraph
(1)with respect to the modification or termination of support shall includes each of the following elements: A description of the reasons for the modification or termination. A description of the potential effects of the modification or termination of support on the forces providing the support. A plan for the modification or termination of the support, including the consideration of the transition of such support from one fiscal authority to another. A list of any relevant entities of the United States Government that are or will be involved in the modification or termination of such support, including any planned transition of such support from one Government entity to another. ; by striking subsection (g), as redesignated by paragraph (3), and inserting the following new subsection (g): Nothing in this section may be construed to constitute authority to conduct or provide statutory authorization for any of the following: 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) ). An introduction of the 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) ). The provision of support to regular forces, irregular forces, groups, or individuals to conduct operations that United States special operations forces are not otherwise authorized to conduct. Activities or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. ; in subsection (i)(3), as redesignated by paragraph (3)— by redesignating subparagraphs
(G)and
(H)as subparagraphs
(H)and (I), respectively; and by inserting after subparagraph
(F)the following new subparagraph (G): If there is a plan to modify or terminate the support to military operations to combat terrorism in any way, a detailed description of the plan, including— a description of the reasons for the modification or termination; the potential effects of the modification or termination of support on the forces providing the support; a detailed plan for the modification or termination of the support; and a list of any relevant Government entities that are or will be involved in the modification or termination of such support, including any planned transition of such support from one Government entity to another. ; and by adding at the end the following new subsection: In this section, the term modification , with respect to support provided for an approved military operation, means— an increase or decrease in funding of more than $750,000 or change greater than 40 percent of the material resources provided; an increase or decrease in the amount or type of equipment that significantly alters the use of or risk to foreign forces, irregular forces, groups, or United States special operations forces; or a change in the legal or operational authorities. .
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