Sec. 1268. Oversight of United States military posture on the Korean Peninsula

1,039 words·~5 min read·/bill/119/s/1071/eah/section-1268

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Amounts authorized to be appropriated by this Act may not be obligated or expended to reduce the approximate total number of members of the Armed Forces that are permanently stationed in, or deployed to, the Republic of Korea below 28,500, or to complete the transition of wartime operational control of the United States-Republic of Korea Combined Forces Command from United States-led command to Republic of Korea-led command in a manner which deviates from a bilaterally agreed plan to effectuate such a transition, until the date that is 60 days after the date on which the certification described in subsection

(b)and the applicable assessment described in subsection

(c)are submitted to the appropriate committees of Congress. The certification described in this subsection is a certification by the Secretary of Defense, in consultation with the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, the Secretary of State, and the Director of National Intelligence, to the appropriate committees of Congress that, as applicable, a reduction in the approximate total number of members of the Armed Forces that are permanently stationed in, or deployed to, the Republic of Korea below 28,500 or the completion of the transition of wartime operational control of the United States-Republic of Korea Combined Forces Command from United States-led command to Republic of Korea-led command in a manner which deviates from a bilaterally agreed plan to effectuate such a transition— is in the national security interest of the United States; and is being undertaken only after appropriate consultations with allies of the United States, including the Republic of Korea, Japan, and any country that has sent military contributions to the United Nations Command. An assessment described in this subsection is the following: In the case of a reduction in the total number of members of the Armed Forces permanently stationed in or deployed to the Republic of Korea below 28,500, an assessment by the Secretary of Defense, in consultation with the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, the Secretary of State, and the Director of National Intelligence that includes— an analysis of the impact of such a reduction on— the security of the United States; the security of the Republic of Korea and Japan; United States deterrence; and the defense posture of the United States Indo-Pacific Command; an analysis of the impact of such a reduction on the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations beyond the Korean Peninsula; an analysis of the additional costs for relocation of personnel, equipment, and associated infrastructure; an analysis of the impact of such a reduction on military training and major military exercises, including on interoperability and joint activities with the Republic of Korea and Japan; a description of consultations with the Republic of Korea, Japan, and countries that have sent military contributions to the United Nations Command; an assessment of the impact of a substantial reduction of the number of members of the Armed Forces permanently stationed in or deployed to the Republic of Korea on the credibility of United States extended deterrence commitments to the Republic of Korea and Japan, the potential for nuclear proliferation in the Indo-Pacific region, and the ability of the remaining forces permanently stationed in, or deployed to, the Republic of Korea to support integrated air and missile defense operations in defense of the Republic of Korea and Japan; and an independent risk assessment by the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, and the Chairman of the Joint Chiefs of Staff of— the impact of such a reduction on the security of the United States; the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations beyond the Korean Peninsula; and the impact of such a reduction on military training and major military exercises, including on interoperability and joint activities with the Republic of Korea and Japan. In the case of the completion of the transition of wartime operational control of the United States-Republic of Korea Combined Forces Command from United States-led command to Republic of Korea-led command in a manner which deviates from a bilaterally agreed plan to effectuate such a transition, an assessment by the Secretary of Defense, in consultation with the Commander of the United States Forces Korea, the Commander of the United States Indo- Pacific Command, the Secretary of State, and the Director of National Intelligence that includes— an assessment of the extent to which the three conditions set forth in the bilaterally determined conditions-based Operational Control Transition Plan that was signed on October 31, 2018, will be satisfied prior to the completion of such transition; a detailed description of the manner in which a Republic of Korea-led Combined Forces Command will report to national command authorities in the United States and the Republic of Korea; a detailed description of the planned command relationship between a Republic of Korea-led Combined Forces Command and the United States-led United Nations Command; a description of consultations with countries that have sent military contributions to the United Nations Command; a description of the United States-Republic of Korea wartime operational control consultations with Japan, and an assessment of approaches for deconflicting military operations across the United States-Republic of Korea and the United States-Japan alliances; an assessment of the effect, if any, of the completion of such transition on the potential for nuclear proliferation in the Indo-Pacific region; and an independent military risk assessment by the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, and the Chairman of the Joint Chiefs of Staff of such transition. A certification described in subsection

(b)shall be submitted in unclassified form. An assessment described in subsection

(c)shall be submitted in unclassified form but may include a classified annex. In this section, the term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.