Sec. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment
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Section 127f of title 10, United States Code, is amended— by redesignating subsections (c), (d), (e), and
(f)as subsections (d), (e), (g), and (h), respectively; by inserting after subsection
(b)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 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 entities of the United States Government. 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 interests of the United States. The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of— the requirements for the use of the authority in this section; and activities conducted under such authority. The Secretary shall notify the congressional defense committees of any material modification to the procedures established under paragraph (1). ; by inserting after subsection (e), as redesignated, the following new subsection (f): Not later than 15 days before exercising the authority in this section to make funds available to initiate a new operational preparation of the environment activity or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that activity. Any such notification shall be in writing. ; and by adding at the end the following new subsections: The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section. Nothing in this section may be construed to constitute authority to conduct, or provide statutory authorization for, any of the following: Execution of operational activities. 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 the introduction of United States Armed Forces 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) ). Activities or support for activities, directly or indirectly, that are inconsistent with the laws of armed conflict. In this section, the term operational preparation of the environment means the conduct of activities in likely or potential operational areas to set conditions for mission execution. .
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Sec. 1394
Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment
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