10 U.S.C. § 401 — Humanitarian and civic assistance pro-

Page 440 TITLE 10—ARMED FORCES § 399 § 398a and amended Pub. L. 118–31, div. A, title XV, § 1501, title XVIII, § 1801(a)(6), (7), Dec. 22, 2023, 137 Stat. 533, 683.) Editorial Notes REFERENCES IN TEXT The War Powers Resolution, referred to in subsec. (h), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is clas- sified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of Title 50 and Tables. AMENDMENTS 2023—Pub. L. 118–31, §§ 1501(1), 1801(a)(6), made iden- tical amendments, renumbering section 398 of this title relating to pilot program for sharing cyber capabilities and related information with foreign operational part- ners as this section. Subsec. (b)(1)(A). Pub. L. 118–31, § 1801(a)(7)(A)(i), sub- stituted ‘‘subsection (a)’’ for ‘‘paragraph (a)’’. Subsec. (b)(2). Pub. L. 118–31, § 1801(a)(7)(A)(ii), sub- stituted ‘‘paragraph (1)’’ for ‘‘paragraph (a)’’. Subsec. (b)(3). Pub. L. 118–31, § 1801(a)(7)(A)(iii), sub- stituted ‘‘paragraph (1)’’ for ‘‘clause (1)’’. Subsec. (e). Pub. L. 118–31, § 1801(a)(7)(B), substituted ‘‘subsection (a)’’ for ‘‘paragraph (a)’’. Subsecs. (f) to (h). Pub. L. 118–31, § 1501(2), added sub- sec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. § 399. Notifications relating to military oper- ations in the information environment: re- quirement to notify Chief of Mission The Secretary may not authorize a military operation in the information environment under this title intended to cause an effect in a coun- try unless the Secretary fully informs the chief of mission for that country under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) of the planned operation. (Added Pub. L. 117–263, div. A, title XV, § 1521, Dec. 23, 2022, 136 Stat. 2897.) CHAPTER 20—HUMANITARIAN AND OTHER ASSISTANCE Sec. 401. Humanitarian and civic assistance provided in conjunction with military operations. 402. Transportation of humanitarian relief sup- plies to foreign countries. [403. Repealed.] 404. Foreign disaster assistance. 405. Use of Department of Defense funds for United States share of costs of United Na- tions peacekeeping activities: limitation. [406. Renumbered.] 407. Humanitarian demining assistance and stock- piled conventional munitions assistance: authority; limitations. 408. Assistance in support of Department of De- fense accounting for missing United States Government personnel. 409. Center for Complex Operations. [410. Repealed.] Editorial Notes PRIOR PROVISIONS Chapter was comprised of subchapter I, sections 401 to 404, and subchapter II, section 410, prior to amend- ment by Pub. L. 104–106, div. A, title V, § 571(c), Feb. 10, 1996, 110 Stat. 353, which struck out headings for sub- chapters I and II. AMENDMENTS 2023—Pub. L. 118–31, div. A, title X, § 1042(a)(1), Dec. 22, 2023, 137 Stat. 388, substituted ‘‘Assistance in sup- port of’’ for ‘‘Equipment and training of foreign per- sonnel to assist in’’ in item 408. Amendment was made pursuant to operation of section 102 of this title. 2011—Pub. L. 112–81, div. A, title X, § 1092(b)(2), Dec. 31, 2011, 125 Stat. 1606, added item 407 and struck out former item 407 ‘‘Humanitarian demining assistance: authority; limitations’’. 2008—Pub. L. 110–417, [div. A], title X, § 1031(b), Oct. 14, 2008, 122 Stat. 4590, added item 409. Pub. L. 110–181, div. A, title XII, § 1207(b), Jan. 28, 2008, 122 Stat. 367, added item 408. 2006—Pub. L. 109–364, div. A, title XII, § 1203(b)(2), Oct. 17, 2006, 120 Stat. 2415, added item 407. 1996—Pub. L. 104–106, div. A, title X, § 1061(g)(2), title XIII, § 1301(b), Feb. 10, 1996, 110 Stat. 443, 473, which di- rected amendment of table of sections at beginning of subchapter I of this chapter by striking out item 403 and adding item 405, were executed by striking out item 403 ‘‘International peacekeeping activities’’ and adding item 405 in analysis for this chapter to reflect the probable intent of Congress and amendments by Pub. L. 104–106, § 571(c)(1), (2). See below. Pub. L. 104–106, div. A, title V, § 571(c)(1), (2), Feb. 10, 1996, 110 Stat. 353, struck out subchapter analysis, con- sisting of items for subchapter I ‘‘Humanitarian Assist- ance’’ and subchapter II ‘‘Civil-Military Cooperation’’ and struck out subchapter I heading ‘‘HUMANITARIAN ASSISTANCE’’. 1994—Pub. L. 103–337, div. A, title XIV, § 1412(b), Oct. 5, 1994, 108 Stat. 2913, added item 404. 1992—Pub. L. 102–484, div. A, title X, § 1081(b)(2), title XIII, § 1342(c)(2), Oct. 23, 1992, 106 Stat. 2516, 2558, added subchapter analysis, subchapter I heading, and item 403. 1987—Pub. L. 100–180, div. A, title III, § 332(b)(6), Dec. 4, 1987, 101 Stat. 1080, substituted ‘‘HUMANITARIAN AND OTHER ASSISTANCE’’ for ‘‘HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED IN CONJUNC- TION WITH MILITARY OPERATIONS’’ in chapter heading, ‘‘Humanitarian and civic assistance provided in conjunction with military operations’’ for ‘‘Armed forces participation in humanitarian and civic assist- ance activities’’ in item 401, and ‘‘Transportation of hu- manitarian relief supplies to foreign countries’’ for ‘‘Approval of Secretary of State’’ in item 402, and struck out items 403 ‘‘Payment of expenses’’, 404 ‘‘An- nual report to Congress’’, 405 ‘‘Definition of humani- tarian and civic assistance’’, and 406 ‘‘Expenditure limi- tation’’. § 401. Humanitarian and civic assistance pro- vided in conjunction with military oper- ations (a)(1) Under regulations prescribed by the Sec- retary of Defense, the Secretary of a military department may carry out humanitarian and civic assistance activities in conjunction with authorized military operations of the armed forces in a country if the Secretary concerned determines that the activities will promote— (A) the security interests of both the United States and the country in which the activities are to be carried out; and (B) the specific operational readiness skills of the members of the armed forces who par- ticipate in the activities. (2) Humanitarian and civic assistance activi- ties carried out under this section shall com- plement, and may not duplicate, any other form of social or economic assistance which may be provided to the country concerned by any other department or agency of the United States. Such activities shall serve the basic economic Page 441 TITLE 10—ARMED FORCES § 401 and social needs of the people of the country concerned. (3) Humanitarian and civic assistance may not be provided under this section (directly or indi- rectly) to any individual, group, or organization engaged in military or paramilitary activity. (b) Humanitarian and civic assistance may not be provided under this section to any foreign country unless the Secretary of State specifi- cally approves the provision of such assistance. (c)(1) Expenses incurred as a direct result of providing humanitarian and civic assistance under this section to a foreign country shall be paid for out of funds specifically appropriated for such purpose. [(2), (3) Repealed. Pub. L. 109–364, div. A, title XII, § 1203(a)(3), Oct. 17, 2006, 120 Stat. 2413.] (4) Nothing in this section may be interpreted to preclude the incurring of minimal expendi- tures by the Department of Defense for purposes of humanitarian and civic assistance out of funds other than funds appropriated pursuant to paragraph (1), except that funds appropriated to the Department of Defense for operation and maintenance (other than funds appropriated pursuant to such paragraph) may be obligated for humanitarian and civic assistance under this section only for incidental costs of carrying out such assistance. (d) The Secretary of Defense shall submit to the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate and the Committee on Armed Services and the Com- mittee on Foreign Affairs of the House of Rep- resentatives a report, not later than March 1 of each year, on activities carried out under this section during the preceding fiscal year. The Secretary shall include in each such report— (1) a list of the countries in which humani- tarian and civic assistance activities were car- ried out during the preceding fiscal year; (2) the type and description of such activi- ties carried out in each country during the preceding fiscal year; and (3) the amount expended in carrying out each such activity in each such country during the preceding fiscal year. (e) In this section, the term ‘‘humanitarian and civic assistance’’ means any of the fol- lowing: (1) Medical, surgical, dental, and veterinary care provided in areas of a country that are rural or are underserved by medical, surgical, dental, and veterinary professionals, respec- tively, including education, training, and technical assistance related to the care pro- vided. (2) Construction of rudimentary surface transportation systems. (3) Well drilling and construction of basic sanitation facilities. (4) Rudimentary construction and repair of public facilities. (Added Pub. L. 99–661, div. A, title III, § 333(a)(1), Nov. 14, 1986, 100 Stat. 3857; amended Pub. L. 100–180, div. A, title III, § 332(b)(1)–(5), Dec. 4, 1987, 101 Stat. 1080; Pub. L. 100–456, div. A, title XII, § 1233(g)(1), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 103–160, div. A, title XI, § 1182(a)(1), title XV, § 1504(b), Nov. 30, 1993, 107 Stat. 1771, 1839; Pub. L. 104–106, div. A, title XIII, § 1313(a), (b), title XV, § 1502(a)(8), Feb. 10, 1996, 110 Stat. 474, 475, 503; Pub. L. 104–201, div. A, title X, § 1074(a)(2), title XIII, § 1304, Sept. 23, 1996, 110 Stat. 2658, 2704; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title XII, § 1235], Oct. 30, 2000, 114 Stat. 1654, 1654A–331; Pub. L. 108–375, div. A, title XII, § 1221, Oct. 28, 2004, 118 Stat. 2089; Pub. L. 109–163, div. A, title XII, § 1201, Jan. 6, 2006, 119 Stat. 3455; Pub. L. 109–364, div. A, title XII, § 1203(a), Oct. 17, 2006, 120 Stat. 2413; Pub. L. 112–239, div. A, title X, § 1076(f)(7), Jan. 2, 2013, 126 Stat. 1952.) Editorial Notes AMENDMENTS 2013—Subsec. (d). Pub. L. 112–239 substituted ‘‘Com- mittee on Foreign Affairs’’ for ‘‘Committee on Inter- national Relations’’ in introductory provisions. 2006—Subsec. (a)(4). Pub. L. 109–364, § 1203(a)(1), struck out par. (4) which read as follows: ‘‘The Secretary of Defense shall ensure that no member of the armed forces, while providing assistance under this section that is described in subsection (e)(5)— ‘‘(A) engages in the physical detection, lifting, or destroying of landmines or other explosive remnants of war (unless the member does so for the concurrent purpose of supporting a United States military oper- ation); or ‘‘(B) provides such assistance as part of a military operation that does not involve the armed forces.’’ Subsec. (b). Pub. L. 109–364, § 1203(a)(2), struck out ‘‘(1)’’ before ‘‘Humanitarian’’ and struck out par. (2) which read as follows: ‘‘Any authority provided under any other provision of law to provide assistance that is described in subsection (e)(5) to a foreign country shall be carried out in accordance with, and subject to, the limitations prescribed in this section. Any such provi- sion may be construed as superseding a provision of this section only if, and to the extent that, such provi- sion specifically refers to this section and specifically identifies the provision of this section that is to be con- sidered superseded or otherwise inapplicable under such provision.’’ Subsec. (c)(2). Pub. L. 109–364, § 1203(a)(3), struck out par. (2) which read as follows: ‘‘Expenses covered by paragraph (1) include the following expenses incurred in providing assistance described in subsection (e)(5): ‘‘(A) Travel, transportation, and subsistence ex- penses of Department of Defense personnel providing such assistance. ‘‘(B) The cost of any equipment, services, or sup- plies acquired for the purpose of carrying out or sup- porting the activities described in subsection (e)(5), including any nonlethal, individual, or small-team equipment or supplies for clearing landmines or other explosive remnants of war that are to be transferred or otherwise furnished to a foreign country in fur- therance of the provision of assistance under this sec- tion.’’ Subsec. (c)(3). Pub. L. 109–364, § 1203(a)(3), struck out par. (3) which read as follows: ‘‘The cost of equipment, services, and supplies provided in any fiscal year under paragraph (2)(B) may not exceed $10,000,000.’’ Pub. L. 109–163, § 1201(a), substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. Subsec. (e)(1). Pub. L. 109–163, § 1201(b), inserted ‘‘sur- gical,’’ before ‘‘dental,’’ in two places and ‘‘, including education, training, and technical assistance related to the care provided’’ before period at end. Subsec. (e)(5). Pub. L. 109–364, § 1203(a)(4), struck out par. (5) which read as follows: ‘‘Detection and clearance of landmines and other explosive remnants of war, in- cluding activities relating to the furnishing of edu- cation, training, and technical assistance with respect to the detection and clearance of landmines and other explosive remnants of war.’’ Page 442 TITLE 10—ARMED FORCES § 401 2004—Subsec. (a)(4)(A). Pub. L. 108–375, § 1221(b)(1), in- serted ‘‘or other explosive remnants of war’’ after ‘‘landmines’’. Subsec. (c)(2)(B). Pub. L. 108–375, § 1221(b)(2), sub- stituted ‘‘equipment or supplies for clearing landmines or other explosive remnants of war’’ for ‘‘landmine clearing equipment or supplies’’. Subsec. (e)(5). Pub. L. 108–375, § 1221(a), inserted ‘‘and other explosive remnants of war’’ after ‘‘landmines’’ in two places. 2000—Subsec. (e)(1). Pub. L. 106–398 substituted ‘‘areas of a country that are rural or are underserved by med- ical, dental, and veterinary professionals, respectively’’ for ‘‘rural areas of a country’’. 1999—Subsec. (d). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’ in introductory provi- sions. 1996—Subsec. (a)(4). Pub. L. 104–201, § 1074(a)(2)(A), substituted ‘‘armed forces’’ for ‘‘Armed Forces’’ in two places. Pub. L. 104–106, § 1313(b), added par. (4). Subsec. (b). Pub. L. 104–201, § 1304(b), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (c)(2) to (4). Pub. L. 104–201, § 1304(a), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (d). Pub. L. 104–106, § 1502(a)(8), substituted ‘‘Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations’’ for ‘‘Committees on Armed Services and Foreign Relations of the Senate and to the Committees on Armed Services and Foreign Affairs’’. Subsec. (e). Pub. L. 104–201, § 1074(a)(2)(B), inserted ‘‘any of the following’’ after ‘‘means’’ in introductory provisions. Pub. L. 104–106, § 1313(a)(1), substituted ‘‘means:’’ for ‘‘means—’’ in introductory provisions. Subsec. (e)(1). Pub. L. 104–106, § 1313(a)(2), (3), sub- stituted ‘‘Medical’’ for ‘‘medical’’ and ‘‘country.’’ for ‘‘country;’’. Subsec. (e)(2). Pub. L. 104–106, § 1313(a)(2), (3), sub- stituted ‘‘Construction’’ for ‘‘construction’’ and ‘‘sys- tems.’’ for ‘‘systems;’’. Subsec. (e)(3). Pub. L. 104–106, § 1313(a)(2), (4), sub- stituted ‘‘Well’’ for ‘‘well’’ and ‘‘facilities.’’ for ‘‘facili- ties; and’’. Subsec. (e)(4). Pub. L. 104–106, § 1313(a)(2), substituted ‘‘Rudimentary’’ for ‘‘rudimentary’’. Subsec. (e)(5). Pub. L. 104–106, § 1313(a)(5), added par. (5). 1993—Subsec. (c)(2). Pub. L. 103–160, § 1504(b), inserted before period ‘‘, except that funds appropriated to the Department of Defense for operation and maintenance (other than funds appropriated pursuant to such para- graph) may be obligated for humanitarian and civic as- sistance under this section only for incidental costs of carrying out such assistance’’. Subsec. (f). Pub. L. 103–160, § 1182(a)(1), struck out sub- sec. (f) which read as follows: ‘‘Not more than $16,400,000 may be obligated or expended for the pur- poses of this section during fiscal years 1987 through 1991.’’ 1988—Subsec. (c)(2). Pub. L. 100–456 substituted ‘‘para- graph (1)’’ for ‘‘subsection (a)’’. 1987—Pub. L. 100–180, § 332(b)(1)(A), substituted ‘‘Hu- manitarian and civic assistance provided in conjunc- tion with military operations’’ for ‘‘Armed forces par- ticipation in humanitarian and civic assistance activi- ties’’ in section catchline. Subsec. (a). Pub. L. 100–180, § 332(b)(1)(B), (C), (5), re- designated former subsec. (a) as par. (1) and former cls. (1) and (2) as cls. (A) and (B), respectively, redesignated former subsecs. (b) and (c) as pars. (2) and (3), respec- tively, and substituted ‘‘section’’ for ‘‘chapter’’ wher- ever appearing. Subsec. (b). Pub. L. 100–180, § 332(b)(2), (5), struck out section catchline of former section 402 ‘‘Approval of Secretary of State’’, designated text of former section 402 as subsec. (b) of this section, and substituted ‘‘sec- tion’’ for ‘‘chapter’’. Subsec. (c). Pub. L. 100–180, § 332(b)(3), (5), struck out section catchline of former section 403 ‘‘Payment of ex- penses’’, redesignated former section 403(a) and (b) as subsec. (c)(1) and (2), respectively, of this section, and substituted ‘‘section’’ for ‘‘chapter’’ wherever appear- ing. Subsec. (d). Pub. L. 100–180, § 332(b)(4), (5), struck out section catchline of former section 404 ‘‘Annual report to Congress’’, designated text of former section 404 as subsec. (d) of this section, and substituted ‘‘section’’ for ‘‘chapter’’. Subsec. (e). Pub. L. 100–180, § 332(b)(4), (5), struck out section catchline of former section 405 ‘‘Definition of humanitarian and civic assistance’’, designated text of former section 405 as subsec. (e) of this section, and substituted ‘‘section’’ for ‘‘chapter’’. Subsec. (f). Pub. L. 100–180, § 332(b)(4), (5), struck out section catchline of former section 406 ‘‘Expenditure limitation’’, designated text of former section 406 as subsec. (f) of this section, and substituted ‘‘section’’ for ‘‘chapter’’. 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- 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 CONDUCT ACTIVITIES TO ENHANCE THE CAPABILITY OF FOREIGN COUNTRIES TO RESPOND TO INCIDENTS INVOLVING WEAPONS OF MASS DESTRUC- TION Pub. L. 113–66, div. A, title XII, § 1204, Dec. 26, 2013, 127 Stat. 896, as amended by Pub. L. 113–291, div. A, title XII, § 1202, Dec. 19, 2014, 128 Stat. 3530; Pub. L. 114–92, div. A, title XII, § 1273, Nov. 25, 2015, 129 Stat. 1076, pro- vided authority to conduct activities to enhance the capability of foreign countries to respond to incidents involving weapons of mass destruction, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1241(d)(5)(B)(i), Dec. 23, 2016, 130 Stat. 2504, effective as of the date that is 270 days after Dec. 23, 2016. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND EFFICIENCY OF HEALTH ENGAGEMENTS Pub. L. 112–239, div. A, title VII, § 715, Jan. 2, 2013, 126 Stat. 1803, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense, in co- ordination with the Under Secretary of Defense for Pol- icy and the Assistant Secretary of Defense for Health Affairs, shall develop a process to ensure that health engagements conducted by the Department of Defense are effective and efficient in meeting the national secu- rity goals of the United States. ‘‘(b) PROCESS GOALS.—The Assistant Secretary of De- fense for Health Affairs shall ensure that each process developed under subsection (a)— ‘‘(1) assesses the operational mission capabilities of the health engagement; ‘‘(2) uses the collective expertise of the Federal Government and non-governmental organizations to ensure collaboration and partnering activities; and ‘‘(3) assesses the stability and resiliency of the host nation of such engagement. ‘‘(c) ASSESSMENT TOOL.—The Assistant Secretary of Defense for Health Affairs may establish a measure of effectiveness learning tool to assess the process devel- oped under subsection (a) to ensure the applicability of the process to health engagements conducted by the Department of Defense. ‘‘(d) HEALTH ENGAGEMENT DEFINED.—In this section, the term ‘health engagement’ means a health stability operation conducted by the Department of Defense out- side the United States in coordination with a foreign government or international organization to establish, reconstitute, or maintain the health sector of a foreign country.’’ Page 443 TITLE 10—ARMED FORCES § 402 HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING LANDMINES Pub. L. 103–337, div. A, title XIV, § 1413, Oct. 5, 1994, 108 Stat. 2913, required Secretary of Defense to carry out program for humanitarian purposes to provide as- sistance to other nations in detection and clearance of landmines, specified that such assistance was to be pro- vided through instruction, education, training, and ad- vising of personnel of those nations in procedures de- termined effective for detecting and clearing land- mines, specified forms of assistance, required Secretary to ensure that no member of Armed Forces engaged in physical detection, lifting, or destroying of landmines (unless done for concurrent purpose of supporting United States military operations) or gave such assist- ance as part of military operation not involving Armed Forces, made funds available, specified uses of funds, and required Secretary to provide notice to Congress of activities carried out under the program, prior to re- peal by Pub. L. 104–106, div. A, title XIII, § 1313(c), Feb. 10, 1996, 110 Stat. 475. HUMANITARIAN AND CIVIC ASSISTANCE Pub. L. 103–160, div. A, title XV, § 1504, Nov. 30, 1993, 107 Stat. 1839, provided that: ‘‘(a) REGULATIONS.—The regulations required to be prescribed under section 401 of title 10, United States Code, shall be prescribed not later than March 1, 1994. In prescribing such regulations, the Secretary of De- fense shall consult with the Secretary of State. ‘‘(b) LIMITATION ON USE OF FUNDS.—[Amended section 401(c)(2) of this title.] ‘‘(c) NOTIFICATIONS REGARDING HUMANITARIAN RE- LIEF.—Any notification provided to the appropriate congressional committees with respect to assistance activities under section 2551 [now 2561] of title 10, United States Code, shall include a detailed description of any items for which transportation is provided that are excess nonlethal supplies of the Department of De- fense, including the quantity, acquisition value, and value at the time of the transportation of such items. ‘‘(d) REPORT ON HUMANITARIAN ASSISTANCE ACTIVI- TIES.—(1) The Secretary of Defense shall submit to the appropriate congressional committees a report on the activities planned to be carried out by the Department of Defense during fiscal year 1995 under sections 401, 402, 2547 [now 2557], and 2551 [now 2561] of title 10, United States Code. The report shall include informa- tion, developed after consultation with the Secretary of State, on the distribution of excess nonlethal supplies transferred to the Secretary of State during fiscal year 1993 pursuant to section 2547 of that title. ‘‘(2) The report shall be submitted at the same time that the President submits the budget for fiscal year 1995 to Congress pursuant to section 1105 of title 31, United States Code. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—The funds authorized to be appropriated by section 301(18) [107 Stat. 1616] shall be available to carry out humanitarian and civic assistance activities under sections 401, 402, and 2551 [now 2561] of title 10, United States Code. ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional com- mittees’ means— ‘‘(1) the Committee on Appropriations, the Com- mittee on Armed Services [now Committee on Na- tional Security], and the Committee on Foreign Af- fairs of the House of Representatives; and ‘‘(2) the Committee on Appropriations, the Com- mittee on Armed Services, and the Committee on Foreign Relations of the Senate.’’ HUMANITARIAN ASSISTANCE; EMERGENCY TRANSPORTATION OF INDIVIDUALS Pub. L. 102–396, title II, Oct. 6, 1992, 106 Stat. 1884, pro- vided: ‘‘That where required and notwithstanding any other provision of law, funds made available under this heading [Humanitarian Assistance] for fiscal year 1993 or thereafter, shall be available for emergency trans- portation of United States or foreign nationals or the emergency transportation of humanitarian relief per- sonnel in conjunction with humanitarian relief oper- ations.’’ APPROPRIATION OF FUNDS FOR HUMANITARIAN AND CIVIC ASSISTANCE; ANNUAL REPORT TO CONGRESS ON OBLIGATIONS; USE OF CIVIC ACTION TEAMS IN TRUST TERRITORIES OF PACIFIC ISLANDS AND FREELY ASSO- CIATED STATES OF MICRONESIA Pub. L. 109–148, div. A, title VIII, § 8009, Dec. 30, 2005, 119 Stat. 2699, which appropriated funds pursuant to this section and authorized obligations for humani- tarian and civic assistance costs under this chapter, with such obligations being reported as required by subsec. (d) of this section, and authorized the use of Civic Action Teams for the provision of assistance in the Trust Territories of the Pacific Islands and freely associated states of Micronesia and the provision of medical services at Army medical facilities in Hawaii upon a determination by the Secretary of the Army, was from the Department of Defense Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were contained in the following prior appropriations acts: Pub. L. 108–287, title VIII, § 8009, Aug. 5, 2004, 118 Stat. 971. Pub. L. 108–87, title VIII, § 8009, Sept. 30, 2003, 117 Stat. 1073. Pub. L. 107–248, title VIII, § 8009, Oct. 23, 2002, 116 Stat. 1538. Pub. L. 107–117, div. A, title VIII, § 8009, Jan. 10, 2002, 115 Stat. 2249, as amended by Pub. L. 108–136, div. A, title X, § 1031(j), Nov. 24, 2003, 117 Stat. 1605. Pub. L. 106–259, title VIII, § 8009, Aug. 9, 2000, 114 Stat. 676. Pub. L. 106–79, title VIII, § 8009, Oct. 25, 1999, 113 Stat. 1232. Pub. L. 105–262, title VIII, § 8009, Oct. 17, 1998, 112 Stat. 2298. Pub. L. 105–56, title VIII, § 8009, Oct. 8, 1997, 111 Stat. 1222. Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8010], Sept. 30, 1996, 110 Stat. 3009–71, 3009–90. Pub. L. 104–61, title VIII, § 8011, Dec. 1, 1995, 109 Stat. 653. Pub. L. 103–335, title VIII, § 8011, Sept. 30, 1994, 108 Stat. 2619. Pub. L. 103–139, title VIII, § 8012, Nov. 11, 1993, 107 Stat. 1439. Pub. L. 102–396, title IX, § 9021, Oct. 6, 1992, 106 Stat. 1904. Pub. L. 102–172, title VIII, § 8021, Nov. 26, 1991, 105 Stat. 1175. Pub. L. 101–511, title VIII, § 8021, Nov. 5, 1990, 104 Stat. 1879. Pub. L. 101–165, title IX, § 9031, Nov. 21, 1989, 103 Stat. 1135. Pub. L. 100–463, title VIII, § 8051, Oct. 1, 1988, 102 Stat. 2270–25. Pub. L. 100–202, § 101(b) [title VIII, § 8063], Dec. 22, 1987, 101 Stat. 1329–43, 1329–73. § 402. Transportation of humanitarian relief sup- plies to foreign countries (a) Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, with- out charge, supplies which have been furnished by a nongovernmental source and which are in- tended for humanitarian assistance. Such sup- plies may be transported only on a space avail- able basis. (b)(1) The Secretary may not transport sup- plies under subsection (a) unless the Secretary determines that—