PRIA, Government Policy, Made Personal

Summary

The Secretary of Defense can pay money or give goods as rewards to people who provide helpful information or nonlethal help to U.S. forces or allied forces working with them. Rewards can be for operations outside the United States against international terrorism or for protecting forces. No single reward can be more than $5,000,000. U.S. citizens, U.S. government officers or employees, and employees of U.S. contractors cannot get these rewards. The Secretary can only give the power to pay rewards to the Deputy Secretary and an Under Secretary (and those two cannot pass it on). Combatant commanders can be given authority for rewards up to $1,000,000. Those commanders may re-delegate the power for rewards up to $10,000, though they can give wider authority to their deputy or a directly subordinate commander with approval. Officials with delegated authority may work through allied government personnel to offer rewards, but the Secretary must first create rules for doing that and wait 30 days after sending those rules to the congressional defense committees before using them. The Secretary must write broader policies with the Secretary of State and the Attorney General to avoid overlap with other U.S. reward programs and must consult the Secretary of State before any reward over $2,000,000. Each year by February 1, the Secretary must report to Congress on how the program was run. The report must list total money spent, any publicity costs, details for each reward (amount, form, recipient location, and what was provided and its benefit), where the program is operating by combatant command and country, coordination efforts with other programs, and an assessment of how well it worked. The Secretary can submit the report in classified form if needed. The Secretary’s decisions under this program are final and not subject to court review. When the Secretary names a country where rewards may be paid, a report with the country, the reason, and an estimate of rewards must go to Congress within 15 days.

Title 10, §127b

Armed Forces, Source: USLM XML via OLRC

(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 government 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 operation with the armed forces.

(b)Limitation.—

The amount or value of a reward provided under this section may not exceed $5,000,000.

(c)Delegation of Authority.—

(1)The authority of the Secretary of Defense under subsection (a) may be delegated only—

(A)to the Deputy Secretary of Defense and an Under Secretary of Defense, without further redelegation; and

(B)to the commander of a combatant command, 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 excess of $10,000, except that such a delegation may be made to the commander’s deputy commander, or to the commander of a command directly 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 subparagraph (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 accountability 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 procedures to the congressional defense committees. Rewards may not be made in the manner described in subparagraph (A) except under policies and procedures that have taken effect.

(d)Coordination.—

(1)The Secretary of Defense shall prescribe policies and procedures for the offering and making of rewards under this section and otherwise for administering the authority 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 authorized 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 persons are not eligible to receive a reward under this section: (1)

(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 February 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the administration of the rewards program under this section during the preceding fiscal year.

(2)Each report for a fiscal year under this subsection shall include the following:

(A)Information on the total amount expended during that fiscal year to carry out the rewards program under this section during that fiscal year.

(B)Specification of the amount, if any, expended during that fiscal year to publicize the availability of rewards under this section.

(C)With respect to each reward provided during that fiscal year—

(i)the amount or value of the reward and whether the reward was provided as a monetary payment or in some other form;

(ii)the recipient of the reward and the recipient’s geographic location; and

(iii)a description of the information or assistance for which the reward was paid, together with an assessment of the significance and benefit of the information or assistance.

(D)A description of the status of program implementation in each geographic combatant command, including in which countries the program is being operated.

(E)A description of efforts to coordinate and de-conflict the authority under subsection (a) with similar rewards programs administered by the United States Government.

(F)An assessment of the effectiveness of the program in meeting its objectives.

(3)The Secretary may submit the report in classified form if the Secretary determines that it is necessary to do so.

(g)Determinations by the Secretary.—

A determination by the Secretary under this section is final and conclusive and is not subject to judicial review.

(h)Report on Designation of Countries for Which Rewards May Be Paid.—

Not later than 15 days after the date on which the Secretary designates a country as a country in which an operation or activity of the armed forces is occurring in connection with which rewards may be paid under this section, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation. Each report shall include the following:

(1)The country so designated.

(2)The reason and justification for the designation of the country.

(3)An estimate of the amount or value of the rewards to be paid as monetary payment or payment-in-kind under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (h)(2). Pub. L. 114–328, § 1063(1), inserted “and justification” after “reason”. Subsec. (h)(3). Pub. L. 114–328, § 1063(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A justification for the designation of the country for purposes of this section.” 2015—Pub. L. 114–92, § 1042(d)(1), substituted “Department of Defense rewards program” for “Assistance in combating terrorism: rewards” in section catchline. Subsec. (c)(3)(A). Pub. L. 114–92, § 1042(a)(1), substituted “subparagraph (B)” for “subparagraphs (B) and (C)”. Subsec. (c)(3)(C), (D). Pub. L. 114–92, § 1042(a)(2), struck out subpars. (C) and (D) which read as follows: “(C) Rewards may not be made in the manner described in subparagraph (A) after

September 30, 2015. “(D) Not later than

April 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of this paragraph. The report shall identify each reward made in the manner described in subparagraph (A) and, for each such reward— “(i) identify the type, amount, and recipient of the reward; “(ii) explain the reason for making the reward; and “(iii) assess the success of the reward in advancing the effort to combat terrorism.” Subsec. (f)(2)(D) to (G). Pub. L. 114–92, § 1042(b), redesignated subpars. (E) to (G) as (D) to (F), respectively, inserted “, including in which countries the program is being operated” before period at end of subpar. (D), and struck out former subpar. (D) which read as follows: “Information on the implementation of paragraph (3) of subsection (c).” Subsec. (h). Pub. L. 114–92, § 1042(c), added subsec. (h). 2014—Subsec. (c)(3)(C). Pub. L. 113–291 substituted “

September 30, 2015” for “

September 30, 2014”. 2013—Subsec. (c)(3)(C). Pub. L. 112–239 substituted “

September 30, 2014” for “

September 30, 2013”. 2011—Subsec. (c)(3)(C). Pub. L. 112–81, § 1033(1), substituted “

September 30, 2013” for “

September 30, 2011”. Pub. L. 111–383 substituted “2011” for “2010”. Subsec. (f)(1). Pub. L. 112–81, § 1064(3), which directed the substitution of “February 1” for “December 1”, could not be executed because of the intervening amendment by Pub. L. 112–81, § 1033(2)(A). See note below. Pub. L. 112–81, § 1033(2)(A), substituted “February” for “December”. Subsec. (f)(2)(C)(ii). Pub. L. 112–81, § 1033(2)(B)(i), inserted “and the recipient’s geographic location” after “reward”. Subsec. (f)(2)(E) to (G). Pub. L. 112–81, § 1033(2)(B)(ii), added subpars. (E) to (G). 2009—Subsec. (c)(3)(C). Pub. L. 111–84 substituted “2010” for “2009”. 2008—Subsec. (a). Pub. L. 110–181, § 1033(b)(1)(A), in introductory provisions, inserted “, or government personnel of allied forces participating in a combined operation with the armed forces,” after “United States Government personnel”. Subsec. (a)(1). Pub. L. 110–181, § 1033(b)(1)(B), inserted “, or of allied forces participating in a combined operation with the armed forces,” after “armed forces”. Subsec. (a)(2). Pub. L. 110–181, § 1033(b)(1)(C), inserted “, or of allied forces participating in a combined operation with the armed forces” after “armed forces”. Subsec. (b). Pub. L. 110–181, § 1033(a)(1), substituted “$5,000,000” for “$200,000”. Subsec. (c)(1)(B). Pub. L. 110–181, § 1033(a)(2), substituted “$1,000,000” for “$50,000”. Subsec. (c)(3). Pub. L. 110–181, § 1033(b)(2), added par. (3). Subsec. (d)(2). Pub. L. 110–181, § 1033(a)(3), substituted “$2,000,000” for “$100,000”. Subsec. (f)(2)(D). Pub. L. 110–181, § 1033(c), added subpar. (D). 2006—Subsec. (c)(2). Pub. L. 109–364 substituted “$10,000” for “$2,500”, inserted “, or to the commander of a command directly subordinate to that commander,” after “deputy commander”, and inserted at end “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 subparagraph (1)(A).” Subsec. (d)(1). Pub. L. 109–163 substituted “Such policies” for “Such polices”.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (f) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

§127b Department of Defense Rewards Program