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10 U.S.C. § 127a — Operations for which funds are not provided in advance: funding mechanisms
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary of Defense shall use the procedures prescribed by this section with respect to any operation specified in paragraph (2) that involves—
(A) the deployment (other than for a training exercise) of elements of the armed forces for a purpose other than a purpose for which funds have been specifically provided in advance; or
(B) the provision of humanitarian assistance, disaster relief, or support for law enforcement (including immigration control) for which funds have not been specifically provided in advance.
(2) This section applies to—
(A) any operation the incremental cost of which is expected to exceed $50,000,000; and
(B) any other operation the expected incremental cost of which, when added to the expected incremental costs of other operations that are currently ongoing, is expected to result in a cumulative incremental cost of ongoing operations of the Department of Defense in excess of $100,000,000.
Any operation the incremental cost of which is expected not to exceed $10,000,000 shall be disregarded for the purposes of subparagraph (B).
(3) This section does not provide authority for the President or the Secretary of Defense to carry out any operation, but establishes mechanisms for the Department of Defense by which funds are provided for operations that the armed forces are required to carry out under some other authority.
**(b) Waiver of Requirement To Reimburse Support Units.—**
(1) The Secretary of Defense shall direct that, when a unit of the armed forces participating in an operation described in subsection (a) receives services from an element of the Department of Defense that operates through the Defense Business Operations Fund (or a successor fund), such unit of the armed forces may not be require
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**(a) In General.—**
(1) The Secretary of Defense shall use the procedures prescribed by this section with respect to any operation specified in paragraph (2) that involves—
(A) the deployment (other than for a training exercise) of elements of the armed forces for a purpose other than a purpose for which funds have been specifically provided in advance; or
(B) the provision of humanitarian assistance, disaster relief, or support for law enforcement (including immigration control) for which funds have not been specifically provided in advance.
(2) This section applies to—
(A) any operation the incremental cost of which is expected to exceed $50,000,000; and
(B) any other operation the expected incremental cost of which, when added to the expected incremental costs of other operations that are currently ongoing, is expected to result in a cumulative incremental cost of ongoing operations of the Department of Defense in excess of $100,000,000.
Any operation the incremental cost of which is expected not to exceed $10,000,000 shall be disregarded for the purposes of subparagraph (B).
(3) This section does not provide authority for the President or the Secretary of Defense to carry out any operation, but establishes mechanisms for the Department of Defense by which funds are provided for operations that the armed forces are required to carry out under some other authority.
**(b) Waiver of Requirement To Reimburse Support Units.—**
(1) The Secretary of Defense shall direct that, when a unit of the armed forces participating in an operation described in subsection (a) receives services from an element of the Department of Defense that operates through the Defense Business Operations Fund (or a successor fund), such unit of the armed forces may not be required to reimburse that element for the incremental costs incurred by that element in providing such services, notwithstanding any other provision of law or any Government accounting practice.
(2) The amounts which but for paragraph (1) would be required to be reimbursed to an element of the Department of Defense (or a fund) shall be recorded as an expense attributable to the operation and shall be accounted for separately.
**(c) Transfer Authority.—**
(1) Whenever there is an operation of the Department of Defense described in subsection (a), the Secretary of Defense may transfer amounts described in paragraph (3) to accounts from which incremental expenses for that operation were incurred in order to reimburse those accounts for those incremental expenses. Amounts so transferred shall be merged with and be available for the same purposes as the accounts to which transferred.
(2) The total amount that the Secretary of Defense may transfer under the authority of this section in any fiscal year is $200,000,000.
(3) Transfers under this subsection may only be made from amounts appropriated to the Department of Defense for any fiscal year that remain available for obligation, other than amounts within any operation and maintenance appropriation that are available for (A) an account (known as a budget activity 1 account) that is specified as being for operating forces, or (B) an account (known as a budget activity 2 account) that is specified as being for mobilization.
(4) The authority provided by this subsection is in addition to any other authority provided by law authorizing the transfer of amounts available to the Department of Defense. However, the Secretary may not use any such authority under another provision of law for a purpose described in paragraph (1) if there is authority available under this subsection for that purpose.
(5) The authority provided by this subsection to transfer amounts may not be used to provide authority for an activity that has been denied authorization by Congress.
(6) A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
**(d)** Repealed. Pub. L. 108–136, div. A, title X, § 1031(a)(3), Nov. 24, 2003, 117 Stat. 1596.]
**(e) Limitations.—**
(1) The Secretary may not restore balances in the Defense Business Operations Fund through increases in rates charged by that fund in order to compensate for costs incurred and not reimbursed due to subsection (b).
(2) The Secretary may not restore balances in the Defense Business Operations Fund or any other fund or account through the use of unobligated amounts in an operation and maintenance appropriation that are available within that appropriation for (A) an account (known as a budget activity 1 account) that is specified as being for operating forces, or (B) an account (known as a budget activity 2 account) that is specified as being for mobilization.
**(f) Submission of Requests for Supplemental Appropriations.—** It is the sense of Congress that whenever there is an operation described in subsection (a), the President should, not later than 90 days after the date on which notification is provided pursuant to subsection (a)(3), submit to Congress a request for the enactment of supplemental appropriations for the then-current fiscal year in order to provide funds to replenish the Defense Business Operations Fund or any other fund or account of the Department of Defense from which funds for the incremental expenses of that operation were derived under this section and should, as necessary, submit subsequent requests for the enactment of such appropriations.
**(g) Incremental Costs.—** For purposes of this section, incremental costs of the Department of Defense with respect to an operation are the costs of the Department that are directly attributable to the operation (and would not have been incurred but for the operation). Incremental costs do not include the cost of property or services acquired by the Department that are paid for by a source outside the Department or out of funds contributed by such a source.
**(h) Relationship to War Powers Resolution.—** This section may not be construed as altering or superseding the War Powers Resolution. This section does not provide authority to conduct any military operation.
**(i) GAO Compliance Reviews.—** The Comptroller General of the United States shall from time to time, and when requested by a committee of Congress, conduct a review of the defense funding structure under this section to determine whether the Department of Defense is complying with the requirements and limitations of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
**(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.
**(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.
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Federal law — U.S. Code and appendices · legal_authorities
Page 147
TITLE 10—ARMED FORCES
§ 127a
Military Intelligence Program for intelligence and
counterintelligence objects of a confidential, extraor-
dinary, or emergency nature is provided by section 429a
of this title instead of this section.’’
2019—Subsec. (c)(1). Pub. L. 116–92, § 1731(a)(5), in-
serted ‘‘the’’ before ‘‘congressional defense commit-
tees’’.
Subsec. (d)(2). Pub. L. 116–92, § 1012, amended par. (2)
generally. Prior to amendment, par. (2) read as follows:
‘‘Each report required to be submitted under paragraph
(1) shall include a detailed explanation, by category of
activity and approving authority (the Secretary of De-
fense, the Inspector General of the Department of De-
fense, and the Secretary of a military department), of
the expenditures during the preceding fiscal year.’’
2017—Subsec. (c)(1). Pub. L. 115–91, § 1081(a)(4), sub-
stituted ‘‘congressional defense committees’’ for ‘‘the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
Armed Services and the Committee on Appropriations
of the House of Representatives’’ in introductory provi-
sions.
Subsec. (c)(4). Pub. L. 115–91, § 1041(a), added par. (4).
Subsec. (d). Pub. L. 115–91, § 1041(b), designated exist-
ing provisions as par. (1), substituted ‘‘submit—’’ for
‘‘submit to the congressional defense committees a re-
port on expenditures during the preceding fiscal year
under subsections (a) and (b).’’, added subpars. (A) and
(B) of par. (1), and added par. (2).
Subsec. (e). Pub. L. 115–91, § 1041(c), added subsec. (e).
2003—Subsec. (d). Pub. L. 108–136 amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as fol-
lows: ‘‘In any case in which funds are expended under
the authority of subsections (a) and (b), the Secre
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 127a
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