10 U.S.C. § 127f: Expenditure of funds for clandestine activities that support operational preparation of the environment and non-conventional assisted recovery capabilities

for operational preparation of the environment for operations of a confidential nature; or 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 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. 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. 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. Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section. The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant Federal entities. 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. the requirements for the use of the authority in this section; and activities conducted under such authority. The Secretary shall notify the congressional defense committees of any material change to the procedures established under paragraph (1). may expend up to $40,000,000 in any fiscal year for the purposes described in subsection (a); and may not delegate the authority under this section with respect to any expenditure in excess of $250,000. This section does not constitute authority to conduct, or expend funds for, intelligence, counterintelligence, or intelligence-related activities. 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 ). 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; an overview of the authorities and legal issues, including limitations, relating to such activities; and any other matters the Assistant Secretary considers appropriate. a description of activities carried out for the purposes described in subsection (a); the amount of such expenditures; an identification of the type of recipients to receive support, including foreign forces, irregular forces, groups or individuals, as appropriate; the total amount of funds obligated for such expenditures in prior fiscal years; and any other matters the Secretary considers appropriate. 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. 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. 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.