10 U.S.C. § 127a — Operations for which funds are not pro-

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 Secretary of Defense shall submit a report of such expenditures on a quarterly basis to the Committee on Armed Serv- ices and the Committee on Appropriations of the Sen- ate and the Committee on Armed Services and the Committee on Appropriations of the House of Rep- resentatives.’’ 1999—Subsecs. (c)(1), (d). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. 1996—Subsec. (c). Pub. L. 104–106, § 915(2), added sub- sec. (c). Former subsec. (c) redesignated (d). Pub. L. 104–106, § 1502(a)(5), substituted ‘‘Committee on Armed Services and the Committee on Appropria- tions of the Senate and the Committee on National Se- curity and the Committee on Appropriations of’’ for ‘‘Committees on Armed Services and Appropriations of the Senate and’’. Subsec. (d). Pub. L. 104–106, § 915(1), redesignated sub- sec. (c), as amended by Pub. L. 104–106, §§ 1502(a)(5), 1506, as (d). 1994—Subsec. (c). Pub. L. 103–337 struck out par. (1) designation before ‘‘In any case’’ and struck out par. (2) which read as follows: ‘‘The amount of funds expended by the Inspector General of the Department of Defense under subsections (a) and (b) during a fiscal year may not exceed $400,000.’’ 1993—Subsec. (a). Pub. L. 103–160, § 361(1), inserted ‘‘, the Inspector General of the Department of De- fense,’’ after ‘‘the Secretary of Defense’’ and ‘‘or the In- spector General’’ after ‘‘the Secretary concerned’’ and after ‘‘The Secretary concerned’’. Subsec. (b). Pub. L. 103–160, § 361(2), inserted ‘‘, by the Inspector General to any person in the Office of the In- spector General,’’ after ‘‘the Department of Defense’’. Subsec. (c). Pub. L. 103–160, § 361(3), designated exist- ing provisions as par. (1) and added par. (2). 1986—Pub. L. 99–433 renumbered section 140 of this title as this section and substituted ‘‘Emergency’’ for ‘‘Emergencies’’ in section catchline. 1983—Subsec. (a). Pub. L. 98–94 struck out ‘‘of this section’’ after ‘‘subsection (c)’’. Subsec. (c). Pub. L. 98–94 struck out ‘‘of this section’’ after ‘‘subsections (a) and (b)’’. Statutory Notes and Related Subsidiaries CONSTRUCTION AUTHORITY OF SECRETARY OF DEFENSE UNDER DECLARATION OF WAR OR NATIONAL EMERGENCY Pub. L. 97–99, title IX, § 903, Dec. 23, 1981, 95 Stat. 1382, which authorized the Secretary of Defense, in the event of a declaration of war or the declaration of a national emergency by the President, to undertake military construction without regard to any other provisions of law, was repealed and restated as section 2808 of this title by Pub. L. 97–214, §§ 2(a), 7(18), July 12, 1982, 96 Stat. 157, 174, effective Oct. 1, 1982. § 127a. Operations for which funds are not pro- vided in advance: funding mechanisms (a) IN GENERAL.—(1) The Secretary of Defense shall use the procedures prescribed by this sec- tion with respect to any operation specified in paragraph (2) that involves— (A) the deployment (other than for a train- ing exercise) of elements of the armed forces for a purpose other than a purpose for which funds have been specifically provided in ad- vance; or (B) the provision of humanitarian assist- ance, disaster relief, or support for law en- forcement (including immigration control) for which funds have not been specifically pro- vided 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 incre- mental cost of which, when added to the ex- pected incremental costs of other operations that are currently ongoing, is expected to re- sult in a cumulative incremental cost of ongo- ing 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 dis- regarded 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 mecha- nisms 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, not- withstanding 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 ele- ment of the Department of Defense (or a fund) shall be recorded as an expense attributable to the operation and shall be accounted for sepa- rately. (c) TRANSFER AUTHORITY.—(1) Whenever there is an operation of the Department of Defense de- scribed in subsection (a), the Secretary of De- Page 148 TITLE 10—ARMED FORCES § 127a fense may transfer amounts described in para- graph (3) to accounts from which incremental expenses for that operation were incurred in order to reimburse those accounts for those in- cremental expenses. Amounts so transferred shall be merged with and be available for the same purposes as the accounts to which trans- ferred. (2) The total amount that the Secretary of De- fense 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 De- partment of Defense for any fiscal year that re- main available for obligation, other than amounts within any operation and maintenance appropriation that are available for (A) an ac- count (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 ac- count) that is specified as being for mobiliza- tion. (4) The authority provided by this subsection is in addition to any other authority provided by law authorizing the transfer of amounts avail- able 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 an- other under the authority of this subsection shall be deemed to increase the amount author- ized 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 Oper- ations Fund through increases in rates charged by that fund in order to compensate for costs in- curred 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 unobli- gated amounts in an operation and maintenance appropriation that are available within that ap- propriation for (A) an account (known as a budg- et 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 SUPPLE- MENTAL APPROPRIATIONS.—It is the sense of Con- gress that whenever there is an operation de- scribed 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 en- actment of supplemental appropriations for the then-current fiscal year in order to provide funds to replenish the Defense Business Oper- ations Fund or any other fund or account of the Department of Defense from which funds for the incremental expenses of that operation were de- rived under this section and should, as nec- essary, submit subsequent requests for the en- actment 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 attrib- utable to the operation (and would not have been incurred but for the operation). Incre- mental 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 RESOLU- TION.—This section may not be construed as al- tering or superseding the War Powers Resolu- tion. This section does not provide authority to conduct any military operation. (i) GAO COMPLIANCE REVIEWS.—The Comp- troller General of the United States shall from time to time, and when requested by a com- mittee of Congress, conduct a review of the de- fense funding structure under this section to de- termine whether the Department of Defense is complying with the requirements and limita- tions of this section. (Added Pub. L. 103–160, div. A, title XI, § 1108(a)(1), Nov. 30, 1993, 107 Stat. 1751; amended Pub. L. 104–106, div. A, title X, § 1003(a)(1), Feb. 10, 1996, 110 Stat. 415; Pub. L. 108–136, div. A, title X, § 1031(a)(3), Nov. 24, 2003, 117 Stat. 1596; Pub. L. 111–383, div. A, title X, § 1075(b)(2), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 112–81, div. A, title X, § 1061(1), Dec. 31, 2011, 125 Stat. 1583.) Editorial Notes REFERENCES IN TEXT The War Powers Resolution, referred to in subsec. (h), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is clas- sified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of Title 50 and Tables. AMENDMENTS 2011—Subsec. (a)(1)(A). Pub. L. 111–383, § 1075(b)(2)(A), substituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Subsec. (a)(3), (4). Pub. L. 112–81 redesignated par. (4) as (3) and struck out former par. (3) which read as fol- lows: ‘‘Whenever an operation to which this section ap- plies is commenced or subsequently becomes covered by this section, the Secretary of Defense shall des- ignate and identify that operation for the purposes of this section and shall promptly notify Congress of that designation (and of the identification of the oper- ation).’’ Subsec. (b)(1). Pub. L. 111–383, § 1075(b)(2)(B), sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’ in two places. 2003—Subsec. (d). Pub. L. 108–136 struck out subsec. (d) which required Secretary of Defense, within 45 days after identifying an operation pursuant to subsec. (a)(2), to submit a report to Congress relating to the funding, objectives, duration, cost, and exit criteria of the operation. 1996—Pub. L. 104–106 substituted ‘‘Operations for which funds are not provided in advance: funding mech- anisms’’ for ‘‘Expenses for contingency operations’’ as section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relat- ing to funding procedures for operations designated by the Secretary of Defense as National Contingency Oper- ations. Page 149 TITLE 10—ARMED FORCES § 127b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title X, § 1003(b), Feb. 10, 1996, 110 Stat. 417, provided that: ‘‘The amendment to sec- tion 127a of title 10, United States Code, made by sub- section (a) shall take effect on the date of the enact- ment of this Act [Feb. 10, 1996] and shall apply to any operation of the Department of Defense that is in effect on or after that date, whether such operation is begun before, on, or after such date of enactment. In the case of an operation begun before such date, any reference in such section to the commencement of such operation shall be treated as referring to the effective date under the preceding sentence.’’ INCREMENTAL CONTINGENCY OPERATIONS COST REPORT Pub. L. 114–113, div. C, title VIII, § 8093, Dec. 18, 2015, 129 Stat. 2373, provided that: ‘‘The Department of De- fense shall continue to report incremental contingency operations costs for Operation Inherent Resolve, Oper- ation Freedom’s Sentinel, and any named successor op- erations, on a monthly basis and any other operation designated and identified by the Secretary of Defense for the purposes of section 127a of title 10, United States Code, on a semi-annual basis in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘Contingency Operations’, Annex 1, dated September 2005.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 113–235, div. C, title VIII, § 8097, Dec. 16, 2014, 128 Stat. 2276. Pub. L. 113–76, div. C, title VIII, § 8092, Jan. 17, 2014, 128 Stat. 126. § 127b. Department of Defense rewards program (a) AUTHORITY.—The Secretary of Defense may pay a monetary amount, or provide a payment- in-kind, to a person as a reward for providing United States Government personnel, or govern- ment personnel of allied forces participating in a combined operation with the armed forces, with information or nonlethal assistance that is beneficial to— (1) an operation or activity of the armed forces, or of allied forces participating in a combined operation with the armed forces, conducted outside the United States against international terrorism; or (2) force protection of the armed forces, or of allied forces participating in a combined oper- ation with the armed forces. (b) LIMITATION.—The amount or value of a re- ward provided under this section may not exceed $5,000,000. (c) DELEGATION OF AUTHORITY.—(1) The au- thority of the Secretary of Defense under sub- section (a) may be delegated only— (A) to the Deputy Secretary of Defense and an Under Secretary of Defense, without fur- ther redelegation; and (B) to the commander of a combatant com- mand, but only for a reward in an amount or with a value not in excess of $1,000,000. (2) A commander of a combatant command to whom authority to provide rewards under this section is delegated under paragraph (1) may further delegate that authority, but only for a reward in an amount or with a value not in ex- cess of $10,000, except that such a delegation may be made to the commander’s deputy com- mander, or to the commander of a command di- rectly subordinate to that commander, without regard to such limitation. Such a delegation may be made to the commander of a command directly subordinate to the commander of a combatant command only with the approval of the Secretary of Defense, the Deputy Secretary of Defense, or an Under Secretary of Defense to whom authority has been delegated under sub- paragraph (1)(A). (3)(A) Subject to subparagraph (B), an official who has authority delegated under paragraph (1) or (2) may use that authority, acting through government personnel of allied forces, to offer and make rewards. (B) The Secretary of Defense shall prescribe policies and procedures for making rewards in the manner described in subparagraph (A), which shall include guidance for the account- ability of funds used for making rewards in that manner. The policies and procedures shall not take effect until 30 days after the date on which the Secretary submits the policies and proce- dures to the congressional defense committees. Rewards may not be made in the manner de- scribed in subparagraph (A) except under poli- cies and procedures that have taken effect. (d) COORDINATION.—(1) The Secretary of De- fense shall prescribe policies and procedures for the offering and making of rewards under this section and otherwise for administering the au- thority under this section. Such policies and procedures shall be prescribed in consultation with the Secretary of State and the Attorney General and shall ensure that the making of a reward under this section does not duplicate or interfere with the payment of a reward author- ized by the Secretary of State or the Attorney General. (2) The Secretary of Defense shall consult with the Secretary of State regarding the making of any reward under this section in an amount or with a value in excess of $2,000,000. (e) PERSONS NOT ELIGIBLE.—The following per- sons are not eligible to receive a reward under this section: (1) A citizen of the United States. (2) An officer or employee of the United States. (3) An employee of a contractor of the United States. (f) ANNUAL REPORT.—(1) Not later than Feb- ruary 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representa- tives a report on the administration of the re- wards program under this section during the preceding fiscal year. (2) Each report for a fiscal year under this sub- section shall include the following: (A) Information on the total amount ex- pended during that fiscal year to carry out the rewards program under this section during that fiscal year. (B) Specification of the amount, if any, ex- pended during that fiscal year to publicize the availability of rewards under this section. (C) With respect to each reward provided during that fiscal year—