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10 U.S.C. § 127c — Purchase of weapons overseas: force pro-
Federal law — U.S. Code and appendices · legal_authorities
Page 151
TITLE 10—ARMED FORCES
§ 127d
Subsec. (d)(1). Pub. L. 109–163 substituted ‘‘Such poli-
cies’’ for ‘‘Such polices’’.
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective Dec. 31, 2021, of provisions
in subsec. (f) of this section requiring submittal of an-
nual report to Congress, see section 1061 of Pub. L.
114–328, set out as a note under section 111 of this title.
§ 127c. Purchase of weapons overseas: force pro-
tection
(a) AUTHORITY.—When elements of the armed
forces are engaged in ongoing military oper-
ations in a country, the Secretary of Defense
may, for the purpose of protecting United States
forces in that country, purchase weapons from
any foreign person, foreign government, inter-
national organization, or other entity located in
that country.
(b) LIMITATION.—The total amount expended
during any fiscal year for purchases under this
section may not exceed $15,000,000.
(c) SEMIANNUAL
CONGRESSIONAL
REPORT.—In
any case in which the authority provided in sub-
section (a) is used during the period of the first
six months of a fiscal year, or during the period
of the second six months of a fiscal year, the
Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and
Committee on Armed Services of the House of
Representatives a report on the use of that au-
thority during that six-month period. Each such
report shall be submitted not later than 30 days
after the end of the six-month period during
which the authority is used. Each such report
shall include the following:
(1) The number and type of weapons pur-
chased under subsection (a) during that six-
month period covered by the report, together
with the amount spent for those weapons and
the Secret
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Page 151
TITLE 10—ARMED FORCES
§ 127d
Subsec. (d)(1). Pub. L. 109–163 substituted ‘‘Such poli-
cies’’ for ‘‘Such polices’’.
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective Dec. 31, 2021, of provisions
in subsec. (f) of this section requiring submittal of an-
nual report to Congress, see section 1061 of Pub. L.
114–328, set out as a note under section 111 of this title.
§ 127c. Purchase of weapons overseas: force pro-
tection
(a) AUTHORITY.—When elements of the armed
forces are engaged in ongoing military oper-
ations in a country, the Secretary of Defense
may, for the purpose of protecting United States
forces in that country, purchase weapons from
any foreign person, foreign government, inter-
national organization, or other entity located in
that country.
(b) LIMITATION.—The total amount expended
during any fiscal year for purchases under this
section may not exceed $15,000,000.
(c) SEMIANNUAL
CONGRESSIONAL
REPORT.—In
any case in which the authority provided in sub-
section (a) is used during the period of the first
six months of a fiscal year, or during the period
of the second six months of a fiscal year, the
Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and
Committee on Armed Services of the House of
Representatives a report on the use of that au-
thority during that six-month period. Each such
report shall be submitted not later than 30 days
after the end of the six-month period during
which the authority is used. Each such report
shall include the following:
(1) The number and type of weapons pur-
chased under subsection (a) during that six-
month period covered by the report, together
with the amount spent for those weapons and
the Secretary’s estimate of the fair market
value of those weapons.
(2) A description of the dispositions (if any)
during that six-month period of weapons pur-
chased under subsection (a).
(Added Pub. L. 109–163, div. A, title XII, § 1231(a),
Jan. 6, 2006, 119 Stat. 3467.)
Editorial Notes
CODIFICATION
Another section 127c was renumbered section 127d of
this title prior to being renumbered section 331 of this
title.
§ 127d. Support of special operations for irreg-
ular warfare
(a) AUTHORITY.—The Secretary of Defense
may, with the concurrence of the relevant Chief
of Mission, expend up to $20,000,000 during any
fiscal year to provide support to foreign forces,
irregular forces, groups, or individuals engaged
in supporting or facilitating ongoing and au-
thorized irregular warfare operations by United
States Special Operations Forces.
(b) FUNDS.—Funds for support under this sec-
tion in a fiscal year shall be derived from
amounts authorized to be appropriated for that
fiscal year for the Department of Defense for op-
eration and maintenance.
(c) PROCEDURES.—
(1) IN GENERAL.—The authority in this sec-
tion shall be exercised in accordance with such
procedures as the Secretary shall establish for
purposes of this section.
(2)
ELEMENTS.—The
procedures
required
under paragraph (1) shall establish, at a min-
imum, the following:
(A) Policy guidance for the execution of,
and constraints within, activities under the
authority in this section.
(B) The processes through which activities
under the authority in this section are to be
developed, validated, and coordinated, as ap-
propriate, with relevant entities of the
United States Government.
(C) The processes through which legal re-
views and determinations are made to com-
ply with the authority in this section and
ensure that the exercise of such authority is
consistent with the national security of the
United States.
(D) The processes to ensure, to the extent
practicable, that before a decision to provide
support is made, the recipients of support do
not pose a counterintelligence or force pro-
tection threat and have not engaged in gross
violations of human rights.
(E) The processes by which the Depart-
ment 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 au-
thority.
(3) NOTICE TO CONGRESS ON PROCEDURES AND
MATERIAL MODIFICATIONS.—The Secretary shall
notify the congressional defense committees
of the procedures established pursuant to this
section before any exercise of the authority in
this section, and shall notify such committee
of any material modification of the proce-
dures.
(d) CONSTRUCTION OF AUTHORITY.—Nothing in
this section shall be construed to constitute a
specific statutory authorization for any of the
following:
(1) The conduct of a covert action, as such
term is defined in section 503(e) of the Na-
tional Security Act of 1947 (50 U.S.C. 3093(e)).
(2) The introduction of United States 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 situa-
tions wherein hostilities are clearly indicated
by the circumstances.
(3) The provision of support to regular
forces, irregular forces, groups, or individuals
for the conduct of operations that United
States Special Operations Forces are not oth-
erwise legally authorized to conduct them-
selves.
(4) The conduct or support of activities, di-
rectly or indirectly, that are inconsistent with
the laws of armed conflict.
(e) LIMITATION ON DELEGATION.—The authority
of the Secretary to make funds available under
this section for support of a military operation
may not be delegated.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** When elements of the armed forces are engaged in ongoing military operations in a country, the Secretary of Defense may, for the purpose of protecting United States forces in that country, purchase weapons from any foreign person, foreign government, international organization, or other entity located in that country.
**(b) Limitation.—** The total amount expended during any fiscal year for purchases under this section may not exceed $15,000,000.
**(c) Semiannual Congressional Report.—** In any case in which the authority provided in subsection (a) is used during the period of the first six months of a fiscal year, or during the period of the second six months of a fiscal year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the use of that authority during that six-month period. Each such report shall be submitted not later than 30 days after the end of the six-month period during which the authority is used. Each such report shall include the following:
(1) The number and type of weapons purchased under subsection (a) during that six-month period covered by the report, together with the amount spent for those weapons and the Secretary’s estimate of the fair market value of those weapons.
(2) A description of the dispositions (if any) during that six-month period of weapons purchased under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 127c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inferences from any law or treaty** Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred—
(1) from any provision of law (whether or not in effect before November 7, 1973), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter; or
(2) from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this chapter.
**(b) Joint headquarters operations of high-level military commands** Nothing in this chapter shall be construed to require any further specific statutory authorization to permit members of United States Armed Forces to participate jointly with members of the armed forces of one or more foreign countries in the headquarters operations of high-level military commands which were established prior to November 7, 1973, and pursuant to the United Nations Charter or any treaty ratified by the United States prior to such date.
**(c) Introduction of United States Armed Forces** For purposes of this chapter, the term “introduction of United States Armed Forces” includes the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign cou
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1547
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Federal law — U.S. Code and appendices · legal_authorities
Page 141
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1549
debate in consideration of the veto message on
such measure shall be limited to twenty hours
in the Senate and in the House shall be deter-
mined in accordance with the Rules of the
House.
(Pub. L. 98–164, title X, § 1013, Nov. 22, 1983, 97
Stat. 1062.)
Editorial Notes
REFERENCES IN TEXT
Section 601(b) of the International Security Assist-
ance and Arms Export Control Act of 1976, referred to
in text, is section 601(b) of Pub. L. 94–329, title VI, June
30, 1976, 90 Stat. 765, which was not classified to the
Code.
CODIFICATION
Section was enacted as part of the Department of
State Authorization Act, Fiscal Years 1984 and 1985,
and not as part of the War Powers Resolution which
comprises this chapter.
§ 1547. Interpretation of joint resolution
(a) Inferences from any law or treaty
Authority to introduce United States Armed
Forces into hostilities or into situations where-
in involvement in hostilities is clearly indicated
by the circumstances shall not be inferred—
(1) from any provision of law (whether or not
in effect before November 7, 1973), including
any provision contained in any appropriation
Act, unless such provision specifically author-
izes the introduction of United States Armed
Forces into hostilities or into such situations
and states that it is intended to constitute
specific statutory authorization within the
meaning of this chapter; or
(2) from any treaty heretofore or hereafter
ratified unless such treaty is implemented by
legislation specifically authorizing the intro-
duction of United States Armed Forces into
hostilities or into such situations and stating
that it is intended to constitute specific statu-
tory authorization within the meaning of this
chapter.
(b) Joint
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1547
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1547. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The first sentence of section 202(a),11 See References in Text note below. this section, and sections 3001, 3002, 3074, 3075, and 3076 of this title shall take effect July 26, 1947.
**(b)** Except as provided in subsection (a), the provisions of this chapter shall take effect on whichever of the following days is the earlier: The day after the day upon which the Secretary of Defense first appointed takes office, or the sixtieth day after July 26, 1947.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3093
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3093. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 668
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3093
2001—Pub. L. 107–108 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) and
(c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2004 AMENDMENT
For Determination by President that amendment by
Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo-
randum of President of the United States, Apr. 21, 2005,
70 F.R. 23925, set out as a note under section 3001 of this
title.
Amendment by Pub. L. 108–458 effective not later
than six months after Dec. 17, 2004, except as otherwise
expressly provided, see section 1097(a) of Pub. L.
108–458, set out in an Effective Date of 2004 Amendment;
Transition Provisions note under section 3001 of this
title.
FURNISHING OF INTELLIGENCE INFORMATION TO SENATE
AND HOUSE SELECT COMMITTEES ON INTELLIGENCE
Pub. L. 102–88, title IV, § 405, Aug. 14, 1991, 105 Stat.
434, provided that:
‘‘(a) FURNISHING
OF SPECIFIC INFORMATION.—In ac-
cordance with title V of the National Security Act of
1947 [50 U.S.C. 3091 et seq.], the head of any department
or agency of the United States involved in any intel-
ligence activities which may pertain to United States
military personnel listed as prisoner, missing, or unac-
counted for in military actions shall furnish any infor-
mation or documents in the possession, custody, or
control of the department or agency, or person paid by
such department or agency, whenever requested by the
Permanent Select Committee on Intelligence of the
House of Representatives or the Select Committee on
Intelligence of the Senate.
‘‘(b) ACCESS BY COMMITTEES AND MEMBERS OF CON-
GRESS.—In accordance with Senate Resolution 400,
Ninety-Fourth Congress, and House Resolution 658,
Ninety-Fifth Congress, the committee
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3093
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3093. This identifies an authority to review, not proof of applicability.