Page:United States Statutes at Large Volume 110 Part 1.djvu/439

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 415 and requirements as are set out for that program, project, or activity in the Classified Annex. (d) DISTRIBUTION OF CLASSIFIED ANNEX. — The President shall President. provide for appropriate distribution of the Classified Annex, or of appropriate portions of the annex, within the executive branch of the Government. SEC. 1003. IMPROVED FUNDING MECHANISMS FOR UNBUDGETED OPERATIONS. (a) REVISION OF FUNDING MECHANISM. —(1) Section 127a of title 10, United States Code, is amended to read as follows: "§ 127a. Operations for which funds are not provided in advance: funding mechanisms "(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 deplo3anent (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) Whenever an operation to which this section applies is Notification. commenced or subsequently becomes covered by this section, the Secretary of Defense shall designate and identify that operation for the purposes of this section and shall promptly notify Congress of that designation (and of the identification of the operation). "(4) 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.

�