10 U.S.C. § 402 — Transportation of humanitarian relief sup-

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— Page 444 TITLE 10—ARMED FORCES [§ 403 (A) the transportation of such supplies is consistent with the foreign policy of the United States; (B) the supplies to be transported are suit- able for humanitarian purposes and are in usa- ble condition; (C) there is a legitimate humanitarian need for such supplies by the people or entity for whom they are intended; (D) the supplies will in fact be used for hu- manitarian purposes; and (E) adequate arrangements have been made for the distribution or use of such supplies in the destination country. (2) The President shall establish procedures for making the determinations required under paragraph (1). Such procedures shall include in- spection of supplies before acceptance for trans- port. (3) It shall be the responsibility of the entity requesting the transport of supplies under this section to ensure that the supplies are suitable for transport. (c)(1) Supplies transported under this section may be distributed by an agency of the United States Government, a foreign government, an international organization, or a private non- profit relief organization. (2) Supplies transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization engaged in a military or paramilitary activity. (d)(1) The Secretary of Defense may use the authority provided by subsection (a) to trans- port supplies intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment, but only if other sources to provide such transportation are not readily available. (2) Notwithstanding subsection (a), the Sec- retary of Defense may require reimbursement for costs incurred by the Department of Defense to transport supplies under this subsection. (e) Not later than July 31 each year, the Sec- retary of State shall submit to the Committee on Armed Services and the Committee on For- eign Relations of the Senate and the Committee on Armed Services and the Committee on Inter- national Relations of the House of Representa- tives a report identifying the origin, contents, destination, and disposition of all supplies transported under this section during the 12- month period ending on the preceding June 30. (Added Pub. L. 100–180, div. A, title III, § 332(a), Dec. 4, 1987, 101 Stat. 1079; amended Pub. L. 101–510, div. A, title XIII, § 1311(2), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104–106, div. A, title XV, § 1502(a)(8), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title III, § 312(a), (b), Nov. 24, 2003, 117 Stat. 1429.) Editorial Notes PRIOR PROVISIONS A prior section 402 was renumbered section 401(b) of this title. AMENDMENTS 2003—Subsec. (b)(1)(C). Pub. L. 108–136, § 312(b)(1), in- serted ‘‘or entity’’ after ‘‘people’’. Subsec. (b)(1)(E). Pub. L. 108–136, § 312(b)(2), inserted ‘‘or use’’ after ‘‘distribution’’. Subsec. (b)(3). Pub. L. 108–136, § 312(b)(3), substituted ‘‘entity requesting the transport of supplies under this section to ensure that the supplies’’ for ‘‘donor to en- sure that supplies to be transported under this sec- tion’’. Subsecs. (d), (e). Pub. L. 108–136, § 312(a), added subsec. (d) and redesignated former subsec. (d) as (e). 1999—Subsec. (d). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (d). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services and the Committee on For- eign Relations of the Senate and the Committee on Na- tional Security and the Committee on International Relations’’ for ‘‘Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs’’. 1990—Subsec. (d). Pub. L. 101–510 substituted ‘‘Not later than July 31 each year’’ for ‘‘At the end of each six-month period’’ and ‘‘the 12-month period ending on the preceding June 30’’ for ‘‘such six-month period’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF HUMANITARIAN ASSISTANCE ABROAD BY DEPARTMENT OF DEFENSE Pub. L. 106–309, title IV, § 403, Oct. 17, 2000, 114 Stat. 1097, provided that: ‘‘(a) PRIORITY FOR DISASTER RELIEF ASSISTANCE.—In processing applications for the transportation of hu- manitarian assistance abroad under section 402 of title 10, United States Code, the Administrator of the United States Agency for International Development shall af- ford a priority to applications for the transportation of disaster relief assistance. ‘‘(b) MODIFICATION OF APPLICATIONS.—The Adminis- trator of the United States Agency for International Development shall take all possible actions to assist applicants for the transportation of humanitarian as- sistance abroad under such section 402 in modifying or completing applications submitted under such section in order to meet applicable requirements under such section. The actions shall include efforts to contact such applicants for purposes of the modification or completion of such applications.’’ FIRST REPORT DEADLINE Pub. L. 100–180, div. A, title III, § 332(d), Dec. 4, 1987, 101 Stat. 1080, directed that first report under section 402(d) of this title be submitted not more than six months after the date on which the most recent report was submitted under section 1540(e) of the Department of Defense Authorization Act, 1985 (Pub. L. 98–525; 98 Stat. 2638). Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse. [§ 403. Repealed. Pub. L. 104–106, div. A, title X, § 1061(g)(1), Feb. 10, 1996, 110 Stat. 443] Section, added Pub. L. 102–484, div. A, title XIII, § 1342(c)(1), Oct. 23, 1992, 106 Stat. 2557; amended Pub. L. 103–160, div. A, title XV, § 1501(b), (c), Nov. 30, 1993, 107