Sec. 1212. LEGAL AND POLICY REVIEW OF ADVISE, ASSIST, AND ACCOMPANY MISSIONS

524 words·~2 min read·/statute-compilations/comps-15483/sec-1212

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

## SEC. 1212 LEGAL AND POLICY REVIEW OF ADVISE, ASSIST, AND ACCOMPANY MISSIONS ###

(a)In General Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy, in coordination with the General Counsel of the Department of Defense and the commanders of appropriate combatant commands, shall— ####

(1)conduct a review of the legal and policy frameworks associated with advise, assist, and accompany missions by United States military personnel; and ####

(2)submit to the Secretary of Defense a report on the results of such review. ###

(b)Submittal to Congress Not later than 30 days after the date on which the Secretary receives the report required by subsection (a)(2), the Secretary shall submit to the congressional defense committees the report together with any comments by the Secretary that amplify or clarify the report. ###

(c)Elements The report and review required by subsection

(a)shall include the following: ####

(1)An analysis of the risks and benefits of United States military personnel conducting advise, assist, and accompany missions with foreign partner forces, and an assessment of the relation of such risks and benefits to United States security objectives. ####

(2)A review of applicable execute orders and theater and functional campaign plans in order to ensure that such orders and plans comply with United States law for the employment of United States military personnel and capabilities to advise, assist, and accompany foreign partner forces. ####

(3)An explanation of the fiscal and operational authorities applicable to advise, assist, and accompany missions, including a differentiation between— #####

(A)advise, assist, and accompany missions conducted by United States military personnel under an execute order with partner forces; and #####

(B)accompany missions conducted by United States military personnel with foreign partner forces also affiliated with a program authorized by section 127e or 333 of title 10, United States Code. ####

(4)An explanation of the domestic and international legal bases for the use of United States military personnel to provide collective self-defense in support of designated foreign partner forces inside and outside areas of active hostilities, and a description of any legal or policy limitation on the provision of collective self-defense in support of such designated foreign partner forces. ####

(5)An assessment whether the legal and policy frameworks applicable to advise, assist, and accompany missions by United States military personnel are adequately communicated to and understood at all levels of operational command. ####

(6)An assessment whether approvals and permissions related to advise, assist, and accompany missions are made at the appropriate level of command. ####

(7)A definition, and policy guidance, for the appropriate use in execute orders and military doctrine of each of the following: #####

(A)Advise. #####

(B)Assist. #####

(C)Accompany. #####

(D)Self-defense. #####

(E)Collective self-defense. #####

(F)Combined operations. #####

(G)Partnered operations. #####

(H)Last point of cover and conceal. ####

(8)Any other matters the Under Secretary or the Secretary considers appropriate. ###

(d)Form The report required by subsection

(b)shall be submitted in unclassified form, but may include a classified annex.