Page:United States Statutes at Large Volume 110 Part 1.djvu/441

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 417 "(4) The estimated duration of the operation and of any deployment of armed forces personnel in such operation. "(5) The estimated incremental cost of the operation to the United States. "(6) The exit criteria for the operation and for the withdrawal of the elements of the armed forces involved in the operation. "(e) LIMITATIONS. — (1) The Secretary may not restore balances in the Defense Business Operations Fund through increases in rates charged by that fund in order to compensate for costs incurred 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 unobligated amounts in an operation and maintenance appropriation that are available within that appropriation for (A) an account (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 account) that is specified as being for mobilization. "(f) SUBMISSION OF REQUESTS FOR SUPPLEMENTAL APPROPRIA- TIONS. —It is the sense of Congress that whenever there is an operation described 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 enactment of supplemental appropriations for the then-current fiscal year in order to provide funds to replenish the Defense Business Operations Fund or any other fund or account of the Department of Defense from which funds for the incremental expenses of that operation were derived under this section and should, as necessary, submit subsequent requests for the enactment 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 attributable to the operation (and would not have been incurred but for the operation). Incremental 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 RESOLUTION.—T h is section may not be construed as altering or superseding the War Powers Resolution. This section does not provide authority to conduct any military operation. " (i) GAO COMPLIANCE REVIEWS. —The Comptroller General of the United States shall from time to time, and when requested by a committee of Congress, conduct a review of the defense funding structure under this section to determine whether the Department of Defense is complying with the requirements and limitations of this section.". (2) The item relating to section 127a in the table of sections at the beginning of chapter 3 of such title is amended to read as follows: "127a. Operations for which funds are not provided in advance: funding mechanisms.". (b) EFFECTIVE DATE. —The amendment to section 127a of title lo USC I27a 10, United States Code, made by subsection (a) shall take effect note, on the date of the enactment of this Act and shall apply to any

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