10 U.S.C. § 127d — Support of special operations for irreg-

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. Page 152 TITLE 10—ARMED FORCES § 127d (f) PROGRAMMATIC AND POLICY OVERSIGHT.— The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy over- sight within the Office of the Secretary of De- fense of support to irregular warfare activities authorized by this section. (g) NOTIFICATION.— (1) IN GENERAL.—Not later than 15 days be- fore exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such fund- ing level (whichever is less), the Secretary shall notify the congressional defense commit- tees of the use of such authority with respect to such operation. Any such notification shall be in writing. (2) ELEMENTS.—A notification required by this subsection shall include the following: (A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and author- ized operation to be supported. (B) A description of the foreign forces, ir- regular forces, groups, or individuals en- gaged in supporting or facilitating the ongo- ing and authorized operation that is to be the recipient of funds. (C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in con- nection with the use of the funds. (D) The amount obligated under the au- thority to provide support. (E) The duration for which the support is expected to be provided, and an identifica- tion of the timeframe in which the provision of support will be reviewed by the com- mander of the applicable combatant com- mand for a determination with respect to the necessity of continuing such support. (F) The determination of the Secretary that the provision of support does not con- stitute any of the following: (i) An 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 hos- tilities, or into situations where hostilities are clearly indicated by the cir- cumstances, without specific statutory au- thorization within the meaning of section 5(b) of such Resolution (50 U.S.C. 1544(b)). (ii) A covert action, as such term is de- fined in section 503(e) of the National Se- curity Act of 1947 (50 U.S.C. 3093(e)). (iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the con- duct of operations that United States Spe- cial Operations Forces are not otherwise legally authorized to conduct themselves. (iv) The conduct or support of activities, directly or indirectly, that are incon- sistent with the laws of armed conflict. (h) NOTIFICATION OF SUSPENSION OR TERMI- NATION OF SUPPORT.— (1) IN GENERAL.—Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or in- dividual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. (2) ELEMENTS.—The written notice required by paragraph (1) shall include each of the fol- lowing: (A) A description of the reasons for the suspension or termination of such support. (B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. (C) A plan for such suspension or termi- nation, and, in the case of support that is planned to be transitioned to any other pro- gram of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transi- tion plan, including the resources, equip- ment, capabilities, and personnel associated with such plan. (i) BIANNUAL REPORTS.— (1) REPORT ON PRECEDING FISCAL YEAR.—Not later than 120 days after the close of each fis- cal year in which subsection (a) is in effect, the Secretary shall submit to the congres- sional defense committees a report on the sup- port provided under this section during the preceding fiscal year. (2) REPORT ON CURRENT CALENDAR YEAR.— Not later than 180 days after the submittal of each report required by paragraph (1), the Sec- retary shall submit to the congressional de- fense committees a report on the support pro- vided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. (3) ELEMENTS.—Each report required by this subsection shall include the following: (A) A summary of the ongoing irregular warfare operations, and associated author- ized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individ- uals for which support was provided under this section during the period covered by such report. (B) A description of the support or facilita- tion provided by such foreign forces, irreg- ular forces, groups, or individuals to United States Special Operations Forces during such period. (C) The type of recipients that were pro- vided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). (D) A detailed description of the support provided to the recipients under this section during such period. (E) The total amount obligated for support under this section during such period, in- cluding budget details. (F) The intended duration of support pro- vided under this section during such period. (G) An assessment of value of the support provided under this section during such pe- riod, including a summary of significant ac- Page 153 TITLE 10—ARMED FORCES § 127e tivities undertaken by foreign forces, irreg- ular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. (H) The total amount obligated for support under this section in prior fiscal years. (j) QUARTERLY BRIEFINGS.— (1) IN GENERAL.—Not less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irreg- ular warfare, with the primary purposes of— (A) keeping the congressional defense com- mittees fully and currently informed of ir- regular warfare requirements and activities, including emerging combatant commands requirements; and (B) consulting with the congressional de- fense committees regarding such matters. (2) ELEMENTS.—Each briefing required by paragraph (1) shall include the following: (A) An update on irregular warfare activi- ties within each geographic combatant com- mand and a description of the manner in which such activities support the respective theater campaign plan and the National De- fense Strategy. (B) An overview of relevant authorities and legal issues, including limitations. (C) An overview of irregular warfare-re- lated interagency activities and initiatives. (D) A description of emerging combatant command requirements for the use of the au- thority provided by this section. (k) IRREGULAR WARFARE DEFINED.—Subject to subsection (d), in this section, the term ‘‘irreg- ular warfare’’ means Department of Defense ac- tivities not involving armed conflict that sup- port predetermined United States policy and military objectives conducted by, with, and through regular forces, irregular forces, groups, and individuals. (Added Pub. L. 118–31, div. A, title XII, § 1201(a), Dec. 22, 2023, 137 Stat. 437.) Editorial Notes PRIOR PROVISIONS A prior section 127d was renumbered section 331 of this title. § 127e. Support of special operations to combat terrorism (a) AUTHORITY.—The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $100,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating authorized ongoing military operations by United States special op- erations forces to combat terrorism. (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. 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 min- imum, each of the following: (A) Policy, strategy, or other guidance for the execution of, and constraints within, ac- tivities conducted under this section. (B) The processes through which activities conducted under this section are to be devel- oped, validated, and coordinated, as appro- priate, with relevant Federal entities. (C) The processes through which legal re- views and determinations are made to com- ply with this section and ensure that the ex- ercise of the authority in this section is con- sistent with the national security of the United States. (d) NOTIFICATION.— (1) IN GENERAL.—Not later than 15 days be- fore exercising the authority in this section to make funds available to initiate support of an approved military operation or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exer- cising such authority if the Secretary deter- mines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that operation. Any such notification shall be in writing. (2) ELEMENTS.—A notification required by this subsection shall include the following: (A) The type of support provided or to be provided to United States special operations forces and a description of the authorized ongoing operation. (B) A description of the foreign forces, ir- regular forces, groups, or individuals en- gaged in supporting or facilitating the au- thorized ongoing operation who will receive support provided under this section. (C) A detailed description of the support provided or to be provided to the recipient. (D) The amount obligated under the au- thority to provide support. (E) A detailed description of the legal and operational authorities related to the au- thorized ongoing operation, including rel- evant execute orders issued by the Secretary of Defense and combatant commanders re- lated to the authorized ongoing operation, including an identification of operational ac- tivities United States Special Operations Forces are authorized to conduct under such execute orders. (F) The duration for which the support is expected to be provided and an identification of the timeframe in which the provision of support will be reviewed by the combatant commander for a determination regarding the necessity of continuation of support. (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.