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10 U.S.C. § 127f — Expenditure of funds for clandestine activities that support operational preparation of the environment and non-conventional assisted recovery capabilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(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.
(2) Such a determination is final and conclusive upon the accounting officers of the United States. The Secretary may certify the amount of any such expenditure authorized by the Secretary that the Secretary considers advisable not to specify, and the Secretary’s certificate is sufficient voucher for the expenditure of that amount.
**(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.
**(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.—** —
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Source location: Title 10, Chapter 3, § 127f; chapter-003-general-powers-and-functions.md
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**(a) Authority.—**
(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.
(2) Such a determination is final and conclusive upon the accounting officers of the United States. The Secretary may certify the amount of any such expenditure authorized by the Secretary that the Secretary considers advisable not to specify, and the Secretary’s certificate is sufficient voucher for the expenditure of that amount.
**(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.
**(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).
**(d) Limitations.—** 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 the authority under this section with respect to any expenditure in excess of $250,000.
**(e) Exclusion of Intelligence Activities.—**
(1) This section does not constitute authority to conduct, or expend funds for, intelligence, counterintelligence, or intelligence-related activities.
(2) In this subsection, the terms “intelligence” and “counterintelligence” have the meaning given those terms in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
**(f) Quarterly Briefing.—** On a quarterly basis, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with elements of the Department of Defense that the Assistant Secretary determines appropriate, shall provide to the congressional defense committees a briefing outlining the clandestine activities carried out pursuant to subsection (a) during the period covered by the briefing, including—
(1) an update on such activities carried out in each geographic combatant command and a description of how such activities support the respective theater campaign plan;
(2) an overview of the authorities and legal issues, including limitations, relating to such activities; and
(3) any other matters the Assistant Secretary considers appropriate.
**(g) Annual Report.—** Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each report shall include, for each expenditure under this section during the fiscal year covered by such report—
(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
(5) any other matters the Secretary considers appropriate.
**(h) Non-Conventional Assisted Recovery Capabilities.—** Funding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 10—ARMED FORCES
§ 127f
Subsec. (h). Pub. L. 116–283, § 1081(a)(7), which directed
the substitution of ‘‘Low Intensity’’ for ‘‘Low-Inten-
sity’’ in subsec. (g) as redesignated by section 1051 of
Pub. L. 116–283, was executed by making substitution in
subsec. (h) as redesignated by section 1051, to reflect
the probable intent of Congress.
Pub. L. 116–283, § 1051(3), reesignated subsec. (g) as (h).
Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 116–283, § 1051(3), reesignated sub-
sec. (h) as (i).
2019—Subsec. (a). Pub. L. 116–92, § 1041(1), inserted
‘‘authorized’’ before ‘‘ongoing military operations’’.
Subsec. (d)(2)(A). Pub. L. 116–92, § 1041(2)(A), inserted
‘‘and a description of the authorized ongoing oper-
ation’’ before period at end.
Subsec. (d)(2)(B) to (D). Pub. L. 116–92, § 1041(2)(B), (C),
added subpars. (B) and (C), redesignated former subpar.
(C) as (D), and struck out former subpar. (B) which read
as follows: ‘‘The type of support provided or to be pro-
vided to the recipient of the funds.’’.
Subsec. (d)(2)(E), (F). Pub. L. 116–92, § 1041(2)(D), added
subpars. (E) and (F).
2017—Subsecs. (g), (h). Pub. L. 115–91, § 1031(a), added
subsec. (g) and redesignated former subsec. (g) as (h).
Subsec. (h)(1). Pub. L. 115–91, § 1031(b)(1), substituted
‘‘120 days after the last day of each fiscal year’’ for
‘‘March 1 each year’’.
Subsec. (h)(2). Pub. L. 115–91, § 1031(b)(2), substituted
‘‘six months after the date of the submittal of the re-
port most recently submitted under paragraph (1)’’ for
‘‘September 1 each year’’ and inserted ‘‘under this para-
graph’’ after ‘‘in which the report’’.
Statutory Notes and Related Subsidiaries
CHIEF OF MISSION CONCURRENCE
Pub. L. 117–81, div. E, title LVII, § 5703, Dec. 27, 2021,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 127f
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3003
Stat. 495, known as the National Security Act of 1947,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 401 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1958—Pub. L. 85–599 amended section generally, and,
among other changes, provided that each military de-
partment shall be separately organized, instead of sepa-
rately administered, under its own Secretary and shall
function under the direction, authority, and control of
the Secretary of Defense, and inserted provisions relat-
ing to establishment of unified or specified combatant
commands and for elimination of unnecessary duplica-
tion.
1949—Act Aug. 10, 1949, provided that the military de-
partments shall be separately administered but be
under the direction of the Secretary of Defense, and
that there shall not be a single Chief of Staff over the
armed forces nor an armed forces general staff.
§ 3003. Definitions
As used in this chapter:
(1) The term ‘‘intelligence’’ includes foreign
intelligence and counterintelligence.
(2) The term ‘‘foreign intelligence’’ means
information relating to the capabilities, inten-
tions, or activities of foreign governments or
elements thereof, foreign organizations, or for-
eign persons, or international terrorist activi-
ties.
(3) The term ‘‘counterintelligence’’ means
information gathered, and activities con-
ducted, to protect against espionage, other in-
telligence activities, sabotage, or assassina-
tions conducted by or on behalf of foreign gov-
ernments or elements thereof, foreign organi-
zations, or foreign persons, or international
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003
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