[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5062-S5063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5659. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for

[[Page S5063]]

fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle F of title XII, add the following:

     SEC. 1276. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR 
                   WARFARE.

       (a) In General.--Chapter 3 of title 10, United States Code, 
     is amended by inserting after section 127c the following new 
     section:

     ``Sec. 127d. Support of special operations for irregular 
       warfare

       ``(a) Authority.--The Secretary of Defense may, with the 
     concurrence of the relevant Chief of Mission, expend up to 
     $25,000,000 for each fiscal year to provide support to 
     foreign forces, irregular forces, groups, or individuals 
     engaged in supporting or facilitating ongoing and authorized 
     irregular warfare operations by United States special 
     operations forces.
       ``(b) Funds.--(1) 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.
       ``(2) Funds may not be made available under paragraph (1) 
     until 15 days after the submittal of the strategy required by 
     section 1097 of the National Defense Authorization Act for 
     Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1020).
       ``(c) Procedures.--(1) The authority in this section shall 
     be exercised in accordance with such procedures as the 
     Secretary shall establish for purposes of this section.
       ``(2) The procedures required under paragraph (1) shall 
     establish, at a minimum, 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 appropriate, with relevant entities of the 
     United States Government.
       ``(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 of the United States.
       ``(3) 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 procedures.
       ``(d) Notification.--(1) Not later than 15 days before 
     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 funding level 
     (whichever is less), the Secretary shall notify the 
     congressional defense committees of the use of such authority 
     with respect to such operation. Any such notification shall 
     be in writing.
       ``(2) 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 authorized operation to be supported.
       ``(B) A description of the foreign forces, irregular 
     forces, groups, or individuals engaged in supporting or 
     facilitating the ongoing 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 connection with the use of the funds.
       ``(D) The amount obligated under the authority to provide 
     support.
       ``(E) The determination of the Secretary that the provision 
     of support does not constitute any of the following:
       ``(i) A specific authorization within the meaning of 
     section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)) 
     for the introduction of United States armed forces into 
     hostilities or situations wherein hostilities are clearly 
     indicated by circumstances.
       ``(ii) 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)).
       ``(iii) An authorization for 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 otherwise legally authorized to 
     conduct themselves.
       ``(iv) The conduct or support of activities, whether 
     directly 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.
       ``(f) 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 National Security Act of 
     1947.
       ``(2) The introduction of United States armed forces, 
     within the meaning of section 5(b) of the War Powers 
     Resolution, into hostilities or into situations 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 
     otherwise legally authorized to conduct themselves.
       ``(4) The conduct or support of activities, directly or 
     indirectly, that are inconsistent with the laws of armed 
     conflict.
       ``(g) Programmatic and Policy Oversight.--The Assistant 
     Secretary of Defense for Special Operations and Low-Intensity 
     Conflict shall have primary programmatic and policy oversight 
     within the Office of the Secretary of Defense of support to 
     irregular warfare activities authorized by this section.
       ``(h) Biannual Reports.--(1) Not later than 120 days after 
     the close of each fiscal year in which subsection (a) is in 
     effect, the Secretary shall submit to the congressional 
     defense committees a report on the support provided under 
     this section during the preceding fiscal year.
       ``(2) Not later than 180 days after the submittal of each 
     report required by 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 fiscal year in which the report under this paragraph is 
     submitted.
       ``(3) Each report required by this subsection shall include 
     the following:
       ``(A) A summary of the ongoing irregular warfare 
     operations, and associated authorized campaign plans, being 
     conducted by United States special operations forces that 
     were supported or facilitated by foreign forces, irregular 
     forces, groups, or individuals for which support was provided 
     under this section during the period covered by such report.
       ``(B) A description of the support or facilitation provided 
     by such foreign forces, irregular forces, groups, or 
     individuals to United States special operations forces during 
     such period.
       ``(C) The type of recipients that were provided 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, including budget details.
       ``(F) The intended duration of support provided under this 
     section during such period.
       ``(G) An assessment of value of the support provided under 
     this section during such period, including a summary of 
     significant activities undertaken by foreign forces, 
     irregular 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.
       ``(i) Irregular Warfare Defined.--In this section, the term 
     `irregular warfare' means activities in support of 
     predetermined United States policy and military objectives 
     conducted by, with, and through regular forces, irregular 
     forces, groups, and individuals participating in competition 
     between state and non-state actors short of traditional armed 
     conflict.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 127c the following new item:

``127d. Support of special operations for irregular warfare.''.
                                 ______