10 U.S.C. § 127e (ARMED FORCES)
§ 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 operations forces to combat terrorism.
(b) Funds.—
Funds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance.
(c) Procedures.—
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 modification of such procedures.
(d) Notification.—
(1) In general.—
Not later than 15 days before 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 exercising such authority if the Secretary determines 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, irregular forces, groups, or individuals engaged in supporting or facilitating the authorized 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 authority to provide support.
(E) A detailed description of the legal and operational authorities related to the authorized ongoing operation, including relevant execute orders issued by the Secretary of Defense and combatant commanders related to the authorized ongoing operation, including an identification of operational activities 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.
(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.
(f) Intelligence Activities.—
This section does not constitute authority to conduct 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)).
(g) Oversight by ASD for SOLIC.—
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 for support authorized by this section.
(h) Biannual Reports.—
(1) Report on preceding calendar year.—
Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding calendar year.
(2) Report on current calendar year.—
Not later than six months after the date of the submittal of the report most recently submitted under paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the calendar year in which the report under this paragraph is submitted.
(3) Elements.—
Each report required by this subsection shall include, for the period covered by such report, the following:
(A) A summary of the ongoing military operations by United States special operations forces to combat terrorism that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section.
(B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States special operations forces.
(C) The type of recipients that were provided support under this section, identified by authorized category (foreign forces, irregular forces, groups, or individuals).
(D) The total amount obligated for support under this section, including budget details.
(E) The total amount obligated in prior fiscal years under this section and applicable preceding authority.
(F) The intended duration of support provided under this section.
(G) A description of the support or training provided to the recipients of support under this section.
(H) A value assessment of the support provided under this section, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support operations by United States special operations forces to combat terrorism.
(Added Pub. L. 114–328, div. A, title XII, § 1203(a)(1), Dec. 23, 2016, 130 Stat. 2474; amended Pub. L. 115–91, div. A, title X, § 1031, Dec. 12, 2017, 131 Stat. 1550; Pub. L. 116–92, div. A, title X, § 1041, Dec. 20, 2019, 133 Stat. 1585.)
heading: Amendments
text: 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 operation” 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 provided 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 report most recently submitted under paragraph (1)” for “September 1 each year” and inserted “under this paragraph” after “in which the report”.