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10 U.S.C. § 127bDepartment of Defense rewards program

submitted 24 years ago by Pub. L. 107-314 to r/title-10-ARMED-FORCES · 993 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may reward people for helpful information or aid. Rewards can support fighting terrorism abroad or protecting U.S. troops. A single reward can't exceed $5,000,000, and only certain officials may approve them. U.S. citizens, federal employees, and federal contractor employees can't receive these rewards.

(a) Authority. The Secretary of Defense may pay someone money, or give them something of value, as a reward for giving U.S. government personnel — or personnel of allied forces working with U.S. forces on a joint operation — helpful information or nonlethal assistance. The reward must help either: (1) a U.S. or allied operation or activity conducted outside the United States against international terrorism; or (2) protecting U.S. forces, or allied forces on a joint operation. (b) Limitation. No single reward, in money or value, may exceed $5,000,000. (c) Delegation of Authority. (1) The Secretary's reward power can be delegated only: (A) to the Deputy Secretary of Defense or an Under Secretary of Defense, who cannot pass it on further; and (B) to a combatant commander, but only for rewards up to $1,000,000. (2) A combatant commander who receives this power may pass it on further, but only for rewards up to $10,000 — except the commander may give broader authority to a deputy commander or the commander of a directly subordinate command, if the Secretary, Deputy Secretary, or an Under Secretary approves. (3)(A) An official with delegated authority may use it, working through allied personnel, to offer and give rewards. (B) Before doing that, the Secretary must set policies and procedures — including how the funds will be tracked — and send them to the congressional defense committees. Those rules take effect only 30 days after being submitted, and rewards cannot be given this way until then. (d) Coordination. (1) The Secretary must set policies and procedures for offering and giving rewards, working with the Secretary of State and the Attorney General, so this program doesn't duplicate or interfere with rewards run by the State Department or Justice Department. (2) The Secretary must consult the Secretary of State before making any reward worth more than $2,000,000. (e) Persons Not Eligible. These people cannot receive a reward under this section: (1) U.S. citizens; (2) U.S. government officers or employees; (3) employees of U.S. government contractors. (f) Annual Report. (1) By February 1 each year, the Secretary must report to the Senate and House Armed Services Committees on how the program ran the previous fiscal year. (2) Each report must cover: the total amount spent on the program that year; how much (if any) was spent publicizing it; for every reward given that year, its amount or value and whether it was cash or something else, who received it and their location, and a description of the information or help given plus an assessment of its significance and benefit; a description of where the program operates, by combatant command and country; efforts to coordinate with and avoid duplicating similar reward programs; and an assessment of the program's effectiveness. (3) The Secretary may submit the report in classified form if necessary. (g) Determinations by the Secretary. Any decision the Secretary makes under this section is final and cannot be challenged in court. (h) Report on Designation of Countries for Which Rewards May Be Paid. Within 15 days of naming a country as one where rewards may be paid under this section, the Secretary must report to the Senate and House Armed Services Committees, stating: which country was named, why, and an estimate of how much in rewards is expected there.
the actual law source: uscode.house.gov ↗public domain
(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)

A citizen of the United States.

(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.

Source credit: (Added Pub. L. 107–314, div. A, title X, § 1065(a), Dec. 2, 2002, 116 Stat. 2655; amended Pub. L. 109–163, div. A, title X, § 1056(c)(2), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109–364, div. A, title XIV, § 1401, Oct. 17, 2006, 120 Stat. 2433; Pub. L. 110–181, div. A, title X, § 1033, Jan. 28, 2008, 122 Stat. 307; Pub. L. 111–84, div. A, title X, § 1071, Oct. 28, 2009, 123 Stat. 2470; Pub. L. 111–383, div. A, title X, § 1031, Jan. 7, 2011, 124 Stat. 4351; Pub. L. 112–81, div. A, title X, §§ 1033, 1064(3), Dec. 31, 2011, 125 Stat. 1572, 1587; Pub. L. 112–239, div. A, title X, § 1021(a), Jan. 2, 2013, 126 Stat. 1911; Pub. L. 113–291, div. A, title X, § 1031, Dec. 19, 2014, 128 Stat. 3491; Pub. L. 114–92, div. A, title X, § 1042(a)–(d)(1), Nov. 25, 2015, 129 Stat. 976; Pub. L. 114–328, div. A, title X, § 1063, Dec. 23, 2016, 130 Stat. 2408.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-314 · 116 Stat. 2655
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3439
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2433
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 307
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2470
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4351
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1572, 1587
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1911
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3491
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 976
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2408

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-314 on 2002-12-02.

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