10 U.S.C. § 407 — Humanitarian demining assistance and

Page 446 TITLE 10—ARMED FORCES [§ 406 Statutory Notes and Related Subsidiaries USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED NATIONS FORCES Pub. L. 105–261, div. A, title XII, § 1231(b), Oct. 17, 1998, 112 Stat. 2155, provided that: ‘‘No funds available to the Department of Defense may be used— ‘‘(1) for a monetary contribution to the United Na- tions for the establishment of a standing inter- national force under the United Nations; or ‘‘(2) to assign or detail any member of the Armed Forces to duty with a United Nations Stand By Force.’’ [§ 406. Renumbered § 401(f)] § 407. Humanitarian demining assistance and stockpiled conventional munitions assist- ance: authority; limitations (a) AUTHORITY.—(1) Under regulations pre- scribed by the Secretary of Defense, the Sec- retary of a military department may provide hu- manitarian demining assistance and stockpiled conventional munitions assistance to a country if the Secretary concerned determines that the assistance will promote either— (A) the security interests of both the United States and the country to which the assist- ance is to be provided; or (B) the specific operational readiness skills of the members of the armed forces who par- ticipate in the activities. (2) Humanitarian demining assistance and stockpiled conventional munitions assistance under this section shall complement, and may not duplicate, any other form of social or eco- nomic assistance which may be provided to the country concerned by any other department or agency of the United States. (3) The Secretary of Defense shall ensure that no member of the armed forces, while providing humanitarian demining assistance under this section— (A) engages in the physical detection, lift- ing, or destroying of landmines, unexploded explosive ordnance, or other explosive rem- nants of war (unless the member does so for the concurrent purpose of supporting a United States military operation); or (B) provides such assistance as part of a military operation that does not involve the armed forces. (b) LIMITATIONS.—(1) Humanitarian demining assistance and stockpiled conventional muni- tions assistance may not be provided under this section unless the Secretary of State specifi- cally approves the provision of such assistance. (2) Any authority provided under any other provision of law to provide humanitarian demining assistance or stockpiled conventional munitions assistance to a foreign country shall be carried out in accordance with, and subject to, the limitations prescribed in this section. (c) EXPENSES.—(1) Expenses incurred as a di- rect result of providing humanitarian demining assistance or stockpiled conventional munitions assistance under this section to a foreign coun- try shall be paid for out of funds specifically ap- propriated for the purpose of the provision by the Department of Defense of overseas humani- tarian assistance. (2) Expenses covered by paragraph (1) include the following: (A) Travel, transportation, and subsistence expenses of Department of Defense personnel providing such assistance. (B) The cost of any equipment, services, or supplies acquired for the purpose of carrying out or supporting humanitarian demining ac- tivities or stockpiled conventional munitions activities, including any nonlethal, individual, or small-team equipment or supplies for clear- ing landmines or other explosive remnants of war, or stockpiled conventional munitions, as applicable, that are to be transferred or other- wise furnished to a foreign country in further- ance of the provision of assistance under this section. (C) Travel, transportation, and subsistence expenses of foreign personnel to attend train- ing provided by the Department of Defense under this section. (d) ANNUAL REPORT.—The Secretary of Defense shall submit to the Committee on Armed Serv- ices and the Committee on Foreign Relations of the Senate and the Committee on Armed Serv- ices and the Committee on Foreign Affairs of the House of Representatives a report on activi- ties carried out under this section during the preceding fiscal year, including— (1) a list of the countries to which humani- tarian demining assistance or stockpiled con- ventional munitions assistance was provided during the preceding fiscal year; (2) the type and description of humanitarian demining assistance or stockpiled conven- tional munitions assistance provided to each country during the preceding fiscal year, as specified in paragraph (1), and whether such assistance was primarily related to the hu- manitarian demining efforts or stockpiled con- ventional munitions assistance; (3) a list of countries to which humanitarian demining assistance or stockpiled conven- tional munitions assistance could not be pro- vided during the preceding fiscal year due to insufficient numbers of Department of Defense personnel to carry out such activities or insuf- ficient funding; (4) the amount expended in providing such assistance to each such country during the preceding fiscal year; and (5) a description of interagency efforts to co- ordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clear- ance methods, including the transfer of rel- evant counter-improvised explosive device technology with potential humanitarian demining applications. (e) DEFINITIONS.—In this section: (1) The term ‘‘humanitarian demining assist- ance’’, as it relates to training and support, means detection and clearance of landmines, unexploded explosive ordnance, and other ex- plosive remnants of war, and includes activi- ties related to the furnishing of education, training, and technical assistance with respect to explosive safety, the detection and clear- ance of landmines, unexploded explosive ord- nance, and other explosive remnants of war. Page 447 TITLE 10—ARMED FORCES § 407 (2) The term ‘‘stockpiled conventional muni- tions assistance’’, as it relates to the support of humanitarian assistance efforts, means training and support in the disposal, demili- tarization, physical security, and stockpile management of potentially dangerous stock- piles of explosive ordnance, small arms, and light weapons, including man-portable air-de- fense systems. Such term includes activities related to the furnishing of education, train- ing, and technical assistance with respect to explosive safety and the disposal, demilitariza- tion, physical security, and stockpile manage- ment of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems. (Added Pub. L. 109–364, div. A, title XII, § 1203(b)(1), Oct. 17, 2006, 120 Stat. 2413; amended Pub. L. 112–81, div. A, title X, § 1092(a), (b)(1), Dec. 31, 2011, 125 Stat. 1605, 1606; Pub. L. 113–66, div. A, title X, § 1083, Dec. 26, 2013, 127 Stat. 871; Pub. L. 113–291, div. A, title X, §§ 1041, 1071(f)(5), Dec. 19, 2014, 128 Stat. 3492, 3510; Pub. L. 114–328, div. A, title X, § 1082, Dec. 23, 2016, 130 Stat. 2420; Pub. L. 115–91, div. A, title X, § 1043, Dec. 12, 2017, 131 Stat. 1554; Pub. L. 117–263, div. A, title X, § 1043, Dec. 23, 2022, 136 Stat. 2770.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–263, § 1043(a)(1)(A), substituted ‘‘provide’’ for ‘‘carry out’’ and ‘‘to a coun- try’’ for ‘‘in a country’’ in introductory provisions. Subsec. (a)(1)(A). Pub. L. 117–263, § 1043(a)(1)(B), sub- stituted ‘‘to which the assistance is to be provided’’ for ‘‘in which the activities are to be carried out’’. Subsec. (c)(2)(C). Pub. L. 117–263, § 1043(b)(1), added subpar. (C). Subsec. (c)(3). Pub. L. 117–263, § 1043(b)(2), struck out par. (3) which read as follows: ‘‘The cost of equipment, services, and supplies provided in any fiscal year under this section may not exceed $15,000,000.’’ Subsec. (d). Pub. L. 117–263, § 1043(c), substituted ‘‘sub- mit to the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a re- port on’’ for ‘‘include in the annual report under sec- tion 401 of this title a separate discussion of’’ in intro- ductory provisions. Subsec. (d)(1). Pub. L. 117–263, § 1043(a)(2)(A), sub- stituted ‘‘to which’’ for ‘‘in which’’ and ‘‘provided’’ for ‘‘carried out’’. Subsec. (d)(2). Pub. L. 117–263, § 1043(a)(2)(B), sub- stituted ‘‘provided to’’ for ‘‘carried out in’’. Subsec. (d)(3). Pub. L. 117–263, § 1043(a)(2)(C), sub- stituted ‘‘to which’’ for ‘‘in which’’ and ‘‘provided’’ for ‘‘carried out’’. Subsec. (d)(4). Pub. L. 117–263, § 1043(a)(2)(D), sub- stituted ‘‘in providing such assistance to each such country’’ for ‘‘in carrying out such assistance in each such country’’. 2017—Subsec. (a)(3). Pub. L. 115–91, § 1043(a)(1), struck out ‘‘or stockpiled conventional munitions assistance’’ after ‘‘demining assistance’’ in introductory provisions. Subsec. (a)(3)(A). Pub. L. 115–91, § 1043(a)(2), inserted ‘‘, unexploded explosive ordnance,’’ after ‘‘landmines’’ and struck out ‘‘, or stockpiled conventional muni- tions, as applicable’’ after ‘‘war’’. Subsec. (e)(1). Pub. L. 115–91, § 1043(b), inserted ‘‘, unexploded explosive ordnance,’’ after ‘‘landmines’’ in two places and substituted period at end for ‘‘, and the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stock- piles of explosive ordnance.’’ Subsec. (e)(2). Pub. L. 115–91, § 1043(c), struck out ‘‘, the detection and clearance of landmines and other explosive remnants of war,’’ after ‘‘explosive safety’’. 2016—Subsec. (c)(3). Pub. L. 114–328 substituted ‘‘$15,000,000’’ for ‘‘$10,000,000’’. 2014—Subsec. (a)(3)(A). Pub. L. 113–291, § 1071(f)(5), struck out comma after ‘‘as applicable’’. Subsec. (d)(3). Pub. L. 113–291, § 1041(a), inserted ‘‘or insufficient funding’’ after ‘‘such activities’’. Subsec. (e)(2). Pub. L. 113–291, § 1041(b), substituted ‘‘small arms, and light weapons, including man-port- able air-defense systems. Such term includes’’ for ‘‘and includes’’ and inserted before period at end ‘‘, small arms, and light weapons, including man-portable air- defense systems’’. 2013—Subsec. (d)(5). Pub. L. 113–66 added par. (5). 2011—Pub. L. 112–81, § 1092(b)(1), amended section catchline generally, substituting ‘‘Humanitarian demining assistance and stockpiled conventional muni- tions assistance: authority; limitations’’ for ‘‘Humani- tarian demining assistance: authority; limitations’’. Subsec. (a)(1). Pub. L. 112–81, § 1092(a)(1)(A), inserted ‘‘and stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’ in introduc- tory provisions. Subsec. (a)(2). Pub. L. 112–81, § 1092(a)(1)(B), inserted ‘‘and stockpiled conventional munitions assistance’’ after ‘‘Humanitarian demining assistance’’. Subsec. (a)(3). Pub. L. 112–81, § 1092(a)(1)(C)(i), inserted ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’ in introduc- tory provisions. Subsec. (a)(3)(A). Pub. L. 112–81, § 1092(a)(1)(C)(ii), in- serted ‘‘, or stockpiled conventional munitions, as ap- plicable,’’ after ‘‘explosive remnants of war’’. Subsec. (b)(1). Pub. L. 112–81, § 1092(a)(2)(A), which di- rected amendment by inserting ‘‘and stockpiled con- ventional munitions assistance’’ after ‘‘humanitarian demining assistance’’, was executed by making the in- sertion after ‘‘Humanitarian demining assistance’’ to reflect the probable intent of Congress. Subsec. (b)(2). Pub. L. 112–81, § 1092(a)(2)(B), inserted ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’. Subsec. (c)(1). Pub. L. 112–81, § 1092(a)(3)(A), inserted ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’. Subsec. (c)(2)(B). Pub. L. 112–81, § 1092(a)(3)(B), in- serted ‘‘or stockpiled conventional munitions activi- ties’’ after ‘‘humanitarian demining activities’’ and in- serted ‘‘, or stockpiled conventional munitions, as ap- plicable,’’ after ‘‘explosive remnants of war’’. Subsec. (d). Pub. L. 112–81, § 1092(a)(4)(A), inserted ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’ wherever appear- ing. Subsec. (d)(2). Pub. L. 112–81, § 1092(a)(4)(B), inserted ‘‘, and whether such assistance was primarily related to the humanitarian demining efforts or stockpiled conventional munitions assistance’’ after ‘‘paragraph (1)’’. Subsec. (e). Pub. L. 112–81, § 1092(a)(5), added subsec. (e) and struck out former subsec. (e). Prior to amend- ment, text read as follows: ‘‘In this section, the term ‘humanitarian demining assistance’, as it relates to training and support, means detection and clearance of landmines and other explosive remnants of war, includ- ing activities related to the furnishing of education, training, and technical assistance with respect to the detection and clearance of landmines and other explo- sive remnants of war.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of an- Page 448 TITLE 10—ARMED FORCES § 408 nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. AUTHORITY TO TRANSFER SURPLUS MINE-RESISTANT AMBUSH-PROTECTED VEHICLES AND SPARE PARTS Pub. L. 112–239, div. A, title X, § 1053, Jan. 2, 2013, 126 Stat. 1937, provided that: ‘‘(a) AUTHORITY.—The Secretary of Defense is author- ized to transfer surplus Mine-Resistant Ambush-Pro- tected vehicles, including spare parts for such vehicles, to non-profit United States humanitarian demining or- ganizations for purposes of demining activities and training of such organizations. ‘‘(b) TERMS AND CONDITIONS.—Any transfer of vehicles or spare parts under subsection (a) shall be subject to the following terms and conditions: ‘‘(1) The transfer shall be made on a loan basis. ‘‘(2) The costs of operation and maintenance of the vehicles shall be borne by the recipient organization. ‘‘(3) Any other terms and conditions as the Sec- retary of Defense determines to be appropriate. ‘‘(c) NOTIFICATION.—The Secretary of Defense shall notify the congressional defense committees [Commit- tees on Armed Services and Appropriations of the Sen- ate and the House of Representatives] in writing not less than 60 days before making any transfer of vehicles or spare parts under subsection (a). Such notification shall include the name of the organization, the number and model of the vehicle to be transferred, a listing of any spare parts to be transferred, and any other infor- mation the Secretary considers appropriate.’’ § 408. Assistance in support of Department of De- fense accounting for missing United States Government personnel (a) IN GENERAL.—The Secretary of Defense may provide assistance to any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States Government personnel. (b) TYPES OF ASSISTANCE.—The assistance pro- vided under subsection (a) may include the fol- lowing: (1) Equipment. (2) Supplies. (3) Services. (4) Training of personnel. (5) Funds. (c) APPROVAL BY SECRETARY OF STATE.—As- sistance may not be provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance. (d) LIMITATIONS.—(1) Except as provided in paragraph (2), the amount of assistance provided under this section in any fiscal year may not ex- ceed $5,000,000. (2) The Secretary may waive the limitation under paragraph (1) if the Secretary submits to the congressional defense committees notice of the waiver together with the reasons why the waiver is necessary. (3) No assistance may be provided under this section to a foreign nation the government of which the Secretary of State determines has re- peatedly provided support for international ter- rorism pursuant to— (A) section 1754(c)(1)(A) of the Export Con- trol Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); or (C) section 40 of the Arms Export Control Act (22 U.S.C. 2780). (e) CONSTRUCTION WITH OTHER ASSISTANCE.— The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law. (f) ANNUAL REPORT.—Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year. (Added Pub. L. 110–181, div. A, title XII, § 1207(a), Jan. 28, 2008, 122 Stat. 367; amended Pub. L. 112–81, div. A, title X, § 1064(5), Dec. 31, 2011, 125 Stat. 1587; Pub. L. 118–31, div. A, title X, § 1042(a), Dec. 22, 2023, 137 Stat. 388.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 1042(a)(1), substituted ‘‘Assist- ance in support of’’ for ‘‘Equipment and training of for- eign personnel to assist in’’ in section catchline. Subsec. (b)(5). Pub. L. 118–31, § 1042(a)(2), added par. (5). Subsec. (d). Pub. L. 118–31, § 1042(a)(3), in heading, sub- stituted ‘‘Limitations’’ for ‘‘Limitation’’, and, in text, substituted ‘‘(1) Except as provided in paragraph (2), the’’ for ‘‘The’’ and ‘‘$5,000,000’’ for ‘‘$1,000,000’’ and added pars. (2) and (3). Subsec. (f). Pub. L. 118–31, § 1042(a)(4), (5), added sub- sec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘Whenever the Sec- retary of Defense provides assistance to a foreign na- tion under this section, the Secretary shall submit to the congressional defense committees a report on the assistance provided. Each such report shall identify the nation to which the assistance was provided and in- clude a description of the type and amount of the as- sistance provided.’’ 2011—Subsec. (f). Pub. L. 112–81 amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘(1) Not later than December 31 each year, the Sec- retary of Defense shall submit to the congressional de- fense committees a report on the assistance provided under this section during the fiscal year ending in such year. ‘‘(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following: ‘‘(A) A listing of each foreign nation provided as- sistance under this section. ‘‘(B) For each nation so provided assistance, a de- scription of the type and amount of such assistance.’’ § 409. Center for Complex Operations (a) CENTER AUTHORIZED.—The Secretary of De- fense may establish a center to be known as the ‘‘Center for Complex Operations’’ (in this sec- tion referred to as the ‘‘Center’’). (b) PURPOSES.—The purposes of the Center es- tablished under subsection (a) shall be the fol- lowing: (1) To provide for effective coordination in the preparation of Department of Defense per- sonnel and other United States Government personnel for complex operations. (2) To foster unity of effort during complex operations among— (A) the departments and agencies of the United States Government; (B) foreign governments and militaries; (C) international organizations and inter- national nongovernmental organizations; and (D) domestic nongovernmental organiza- tions.