IMPLEMENTATION OF SPECIAL OPERATIONS FORCES REORGANIZATION

SEC. 1211.IMPLEMENTATION OF SPECIAL OPERATIONS FORCES REORGANIZATION (a) Assistant Secretary of Defense.—(1) Section 136(b)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: “The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense.” (2) The Secretary of Defense shall publish a directive setting forth the charter of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict not later than 30 days after the date of the enactment of this Act. The directive shall set forth— (A) the duties and responsibilities of the Assistant Secretary; (B) the relationships between the Assistant Secretary and other Department of Defense officials; (C) any delegation of authority from the Secretary of Defense to the Assistant Secretary; and (D) such other matters as the Secretary considers appropriate. (3) On the date that such directive is published, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (A) a copy of the directive; and (B) a report explaining how the charter of the Assistant Secretary fulfills the provisions of section 136(b)(4) of title 10, United States Code (as amended by paragraph (1)), that provide that the Assistant Secretary— 101 STAT. 1155 (i) exercises overall supervision of special operations activities and low intensity conflict activities of the Department of Defense; (ii) is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters; and (iii) is the principal special operations and low intensity conflict official (after the Secretary and Deputy Secretary) within the senior management of the Department of Defense. (4)(A) Until the office of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict is filled for the first time by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of the Army shall carry out the duties and responsibilities of that office. (B) Throughout the period of time during which the Secretary of the Army is carrying out the duties and responsibilities of that office, he shall submit to the Committees on Armed Services of the Senate and House of Representatives a monthly report on the administrative actions that he has taken and the policy guidance that he has issued to carry out such duties and responsibilities. Each such report shall also describe the actions that he intends to take and the guidance that he intends to issue to fulfill the provisions of section 136(b)(4) of title 10, United States Code (as amended by paragraph (1)), along with a timetable for completion of such actions and issuance of such guidance. The first such report shall be submitted not later than 30 days after the date of the enactment of this Act. (5) Until the first individual appointed to the position of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict by the President, by and with the advice and consent of the Senate, leaves that office, that Assistant Secretary (and the Secretary of the Army when carrying out the duties and responsibilities of the Assistant Secretary) shall, with respect to the duties and responsibilities of that office, report directly, without intervening review or approval, to the Secretary of Defense personally or, as designated by the Secretary, to the Deputy Secretary of Defense personally. (b) Resources for CINCSOF.—The Secretary of Defense shall provide sufficient resources for the commander of the unified combatant command for special operations forces established pursuant to section 167 of title 10, United States Code, to carry out his duties and responsibilities, including particularly his duties and responsibilities relating to the following functions: (1) Developing and acquiring special operations-peculiar equipment and acquiring special operations-peculiar material, supplies, and services. (2) Providing advice and assistance to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in the Assistant Secretary’s overall supervision of the preparation and justification of the program recommendations and budget proposals for special operations forces. (3) Managing assigned resources from the major force program category for special operations forces of the Five-Year Defense Plan of the Department of Defense (as required to be created pursuant to subsection (e)). 101 STAT. 1156 (c) Personnel Assigned to Combatant Command Staff.—(1) On September 30, 1988, the total number of members of the Armed Forces and civilian employees of the Department of Defense assigned or detailed to permanent duty on the staff of the unified combatant command for special operations forces may not be less than 450. (2) Of the personnel assigned or detailed pursuant to paragraph (1), the number of civilian employees shall be 111 unless otherwise directed by the commander of the command or the Secretary of Defense. (d) Acquisition Authority.—Subsection (e) of section 167 of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) Subject to the authority, direction, and control of the Secretary of Defense, the commander of the command, in carrying out his functions under paragraph (1)(G), shall have authority to exercise the functions of the head of an agency under chapter 137 of this title. The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the special operations command and such other inspector general functions as may be assigned.” (e) Resources and Programming.—(1) The major force program category for special operations forces of the Five-Year Defense Plan of the Department of Defense, to be created pursuant to section 1311(c) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661), shall be created not later than 30 days after the date of the enactment of this Act. (2) On the date that such major force program category is created, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives— (A) a certification that all program recommendations and budget proposals for special operations forces are included in such category; and (B) a report explaining the program recommendations and budget proposals that have been included in such category.