Sec. 1051. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM
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## SEC. 1051 SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM Section 127e of title 10, United States Code, is amended— ####
(1)by striking subsection
(c)and inserting the following new subsection (c): > > ### “(c) Procedures > > > #### “(1) In general > > 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. > > > #### “(2) Elements > > The procedures required under paragraph
(1)shall establish, at a minimum, each of the following: > > > ##### “(A) > > Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section. > > > ##### “(B) > > The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant Federal entities. > > > ##### “(C) > > The processes through which legal reviews and determinations are made to comply with this section and ensure that the exercise of the authority in this section is consistent with the national security of the United States.” > ; ####
(2)in subsection (d)(2), by adding at the end the following new subparagraphs: > > ##### “(G) > > 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. > > > ##### “(H) > > A description of the steps taken to ensure the support is consistent with United States national security objectives. > > > ##### “(I) > > A description of the steps taken to ensure that the recipients of support have not engaged in human rights violations.” > ; ####
(3)by redesignating subsections
(e)through
(h)as subsections
(f)through (i), respectively; ####
(4)by inserting after subsection
(d)the following new subsection (e): > > ### “(e) Notification of Suspension or Termination of Support > > > #### “(1) In general > > Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual under the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. > > > #### “(2) Elements > > Notice provided under paragraph
(1)with respect to the suspension or termination of support shall include each of the following elements: > > > ##### “(A) > > A description of the reasons for the suspension or termination of such support. > > > ##### “(B) > > A description of any effects on regional, theatre, or global campaign plan objectives anticipated to result from the suspension or termination of such support. > > > ##### “(C) > > A plan for the suspension or termination of the support, and, in the case of support that is planned to be transitioned to another program of the Department of Defense or another Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan.” > ; and ####
(5)by striking subsection (g), as redesignated by paragraph (3), and inserting the following new subsection (g): > > ### “(g) Construction of Authority > > Nothing in this section may be construed to constitute authority to conduct or provide statutory authorization for any of the following: > > > #### “(1) > > 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) > > 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)). > > > #### “(3) > > Activities or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.” > .
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