§127a Operations for Which Funds Are Not Provided in Advance: Funding Mechanisms

Summary

The Secretary of Defense must follow these rules when U.S. forces are sent for a purpose that was not already funded, or when the military gives humanitarian help, disaster aid, or law-enforcement support without money set aside in advance. The rules apply when the extra cost of one operation is expected to be more than $50,000,000, or when adding the new operation’s expected extra cost to current operations will push the total over $100,000,000. These rules do not give anyone new power to start an operation. Units that get services from the Defense Business Operations Fund do not have to pay back the extra costs for those services. Instead, those costs must be charged to and tracked as part of the operation. The Secretary may move money from other Defense accounts to pay those extra costs, up to $200,000,000 in one fiscal year, but not from certain operating-forces or mobilization accounts. Moved amounts become part of the account that receives them and increase what that account can spend. The transfers can’t be used to fund activities Congress has refused, and the Secretary can’t raise fund rates or use certain unobligated operating funds to refill the business fund. The President is urged to ask Congress for emergency money within 90 days after notice so these funds can be replenished. “Incremental costs” means costs caused directly by the operation and not paid by outside sources. The War Powers rules still apply. The Government Accountability Office may review compliance on request.