§127a Operations for which funds are not provided in advance: funding mechanisms

Summary

Requires the Secretary of Defense to follow special funding steps when the military takes part in missions that were not paid for ahead of time. It applies when troops are sent for a purpose not already funded, or for humanitarian help, disaster relief, or law enforcement support without advance money, and when the extra cost is expected to be more than $50,000,000 or when adding the cost to other ongoing missions pushes the total over $100,000,000. Units that use services from the Defense Business Operations Fund do not have to pay back those parts of the cost. Those unpaid amounts must be shown as expenses for the operation. The Secretary may move money to cover those extra costs, up to $200,000,000 in a fiscal year, but not from certain accounts that are for operating forces (budget activity 1) or for mobilization (budget activity 2). Money moved becomes part of the account it is sent to and increases what that account can use. The rules do not give authority to start a military action or change the War Powers Resolution. The Secretary cannot refill the Defense Business Operations Fund by raising its rates or by using unobligated amounts from the budget activity 1 or 2 accounts. The President should ask Congress for extra funds within 90 days after notice to replace money used this way. Incremental costs means only the extra costs directly caused by the operation. The Comptroller General will review whether the Department follows these rules when asked by Congress.