Sec. 1221. MODIFICATION OF AUTHORITY FOR EXPENDITURE OF FUNDS FOR CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT AND NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES

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## SEC. 1221 MODIFICATION OF AUTHORITY FOR EXPENDITURE OF FUNDS FOR CLANDESTINE ACTIVITIES THAT SUPPORT OPERATIONAL PREPARATION OF THE ENVIRONMENT AND NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES ###

(a)In General Section 127f of title 10, United States Code, is amended— ####

(1)in the section heading, by adding at the end the following: “and non-conventional assisted recovery capabilities”; ####

(2)in subsection (a)— #####

(A)by striking the first sentence and inserting the following: > “(1) Amounts appropriated or otherwise made available for the Department of Defense for operation and maintenance, Defense-wide, may be used for any purpose the Secretary of Defense determines to be proper— > > > ##### “(A) > > for operational preparation of the environment for operations of a confidential nature; or > > > ##### “(B) > > to establish, develop, and maintain non-conventional assisted recovery capabilities to facilitate the recovery of United States military and civilian personnel, or other individuals, who become isolated or separated.” > ; and #####

(B)by striking “ Such a determination ” and inserting the following: > > #### “(2) > > Such a determination” > ; ####

(3)by striking subsection

(b)and inserting the following: > > ### “(b) Authorized Activities > > Activities authorized by subsection

(a)may, in limited and special circumstances as determined by the Secretary of Defense, include the provision of support to foreign forces, irregular forces, groups, or individuals to conduct operational preparation of the environment and to conduct or support operations to establish, develop, and maintain non-conventional assisted recovery capabilities to facilitate the recovery of United States military and civilian personnel, or other individuals, who become isolated or separated. Such support may include limited amounts of equipment, supplies, training, transportation, or other logistical support or funding.” > . ####

(4)by redesignating subsections (c), (d), (e), (f), and

(g)as subsections (d), (e), (f), (g), and (h), respectively; ####

(5)by inserting after subsection (b), as amended, the following: > > ### “(c) Procedures > > > #### “(1) In general > > The authority in this section shall be exercised in accordance with such procedures as the Secretary of Defense shall establish for purposes of this section. > > > #### “(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 the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States. > > > ##### “(D) > > The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of— > > > ###### “(i) > > the requirements for the use of the authority in this section; and > > > ###### “(ii) > > activities conducted under such authority. > > > #### “(3) Notice to congress > > The Secretary shall notify the congressional defense committees of any material change to the procedures established under paragraph (1).” > ; ####

(6)in subsection (d), as redesignated— #####

(A)in the subsection heading, by striking “Limitation on Delegation” and inserting “Limitations”; and #####

(B)by striking “ The Secretary of Defense may not delegate ” and inserting the following: > “The Secretary of Defense— > > > #### “(1) > > may expend up to $40,000,000 in any fiscal year for the purposes described in subsection (a); and > > > #### “(2) > > may not delegate” > ; ####

(7)in subsection (g), as redesignated— #####

(A)by redesignating paragraph

(4)as paragraph (5); and #####

(B)by striking paragraphs (1), (2), and

(3)and inserting the following: > > #### “(1) > > a description of activities carried out for the purposes described in subsection (a); > > > #### “(2) > > the amount of such expenditures; > > > #### “(3) > > an identification of the type of recipients to receive support, including foreign forces, irregular forces, groups or individuals, as appropriate; > > > #### “(4) > > the total amount of funds obligated for such expenditures in prior fiscal years; and” > ; and ####

(8)by adding at the end the following: > > ### “(i) Oversight by Assistant Secretary of Defense for Special Operations and Low Intensity Conflict > > 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. > > > ### “(j) Operational Preparation of the Environment Defined > > 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.” > . ###

(b)Clerical Amendment The table of sections for chapter 3 of title 10, United States Code, is amended by striking the item relating to section 127f and inserting the following:" “127f. Expenditure of funds for clandestine activities that support operational preparation of the environment and non-conventional assisted recovery capabilities.” ".