-CITE-

10 USC CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

.

-HEAD-

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-MISC1-

Sec.

401. Humanitarian and civic assistance provided in conjunction with

military operations.

402. Transportation of humanitarian relief supplies to foreign

countries.

(403. Repealed.)

404. Foreign disaster assistance.

405. Use of Department of Defense funds for United States share of

costs of United Nations peacekeeping activities: limitation.

PRIOR PROVISIONS

Chapter was comprised of subchapter I, sections 401 to 404, and

subchapter II, section 410, prior to amendment by Pub. L. 104-106,

div. A, title V, Sec. 571(c), Feb. 10, 1996, 110 Stat. 353, which

struck out headings for subchapters I and II.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title X, Sec. 1061(g)(2), title

XIII, Sec. 1301(b), Feb. 10, 1996, 110 Stat. 443, 473, which

directed 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, Sec. 571(c)(1), (2). See below.

Pub. L. 104-106, div. A, title V, Sec. 571(c)(1), (2), Feb. 10,

1996, 110 Stat. 353, struck out subchapter analysis, consisting of

items for subchapter I ''Humanitarian Assistance'' and subchapter

II ''Civil-Military Cooperation'' and struck out subchapter I

heading ''HUMANITARIAN ASSISTANCE''.

1994 - Pub. L. 103-337, div. A, title XIV, Sec. 1412(b), Oct. 5,

1994, 108 Stat. 2913, added item 404.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1081(b)(2), title

XIII, Sec. 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, Sec. 332(b)(6), Dec.

4, 1987, 101 Stat. 1080, substituted ''HUMANITARIAN AND OTHER

ASSISTANCE'' for ''HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED IN

CONJUNCTION WITH MILITARY OPERATIONS'' in chapter heading,

''Humanitarian and civic assistance provided in conjunction with

military operations'' for ''Armed forces participation in

humanitarian and civic assistance activities'' in item 401, and

''Transportation of humanitarian relief supplies to foreign

countries'' for ''Approval of Secretary of State'' in item 402, and

struck out items 403 ''Payment of expenses'', 404 ''Annual report

to Congress'', 405 ''Definition of humanitarian and civic

assistance'', and 406 ''Expenditure limitation''.

-CITE-

10 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

Sec. 401. Humanitarian and civic assistance provided in conjunction

with military operations

-STATUTE-

(a)(1) Under regulations prescribed by the Secretary 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 participate in the activities.

(2) Humanitarian and civic assistance activities carried out

under this section shall complement, 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 and

social needs of the people of the country concerned.

(3) Humanitarian and civic assistance may not be provided under

this section (directly or indirectly) to any individual, group, or

organization engaged in military or paramilitary activity.

(4) 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 (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)(1) Humanitarian and civic assistance may not be provided

under this section to any foreign country unless the Secretary of

State specifically approves the provision of such assistance.

(2) 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

provision may be construed as superseding a provision of this

section only if, and to the extent that, such provision

specifically refers to this section and specifically identifies the

provision of this section that is to be considered superseded or

otherwise inapplicable under such provision.

(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) Expenses covered by paragraph (1) include the following

expenses incurred in providing assistance described in subsection

(e)(5):

(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 the activities

described in subsection (e)(5), including any nonlethal,

individual, or small-team landmine clearing equipment or supplies

that are to be transferred or otherwise furnished to a foreign

country in furtherance of the provision of assistance under this

section.

(3) The cost of equipment, services, and supplies provided in any

fiscal year under paragraph (2)(B) may not exceed $5,000,000.

(4) Nothing in this section may be interpreted to preclude the

incurring of minimal expenditures 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 Committee on Foreign Relations of the Senate

and the Committee on Armed Services and the Committee on

International Relations of the House of Representatives 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 humanitarian and civic

assistance activities were carried out during the preceding

fiscal year;

(2) the type and description of such activities 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 following:

(1) Medical, dental, and veterinary care provided in areas of a

country that are rural or are underserved by medical, dental, and

veterinary professionals, respectively.

(2) Construction of rudimentary surface transportation systems.

(3) Well drilling and construction of basic sanitation

facilities.

(4) Rudimentary construction and repair of public facilities.

(5) Detection and clearance of landmines, including activities

relating to the furnishing of education, training, and technical

assistance with respect to the detection and clearance of

landmines.

-SOURCE-

(Added Pub. L. 99-661, div. A, title III, Sec. 333(a)(1), Nov. 14,

1986, 100 Stat. 3857; amended Pub. L. 100-180, div. A, title III,

Sec. 332(b)(1)-(5), Dec. 4, 1987, 101 Stat. 1080; Pub. L. 100-456,

div. A, title XII, Sec. 1233(g)(1), Sept. 29, 1988, 102 Stat.

2058; Pub. L. 103-160, div. A, title XI, Sec. 1182(a)(1), title

XV, Sec. 1504(b), Nov. 30, 1993, 107 Stat. 1771, 1839; Pub. L.

104-106, div. A, title XIII, Sec. 1313(a), (b), title XV, Sec.

1502(a)(8), Feb. 10, 1996, 110 Stat. 474, 475, 503; Pub. L.

104-201, div. A, title X, Sec. 1074(a)(2), title XIII, Sec. 1304,

Sept. 23, 1996, 110 Stat. 2658, 2704; Pub. L. 106-65, div. A,

title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L.

106-398, Sec. 1 ((div. A), title XII, Sec. 1235), Oct. 30, 2000,

114 Stat. 1654, 1654A-331.)

-MISC1-

AMENDMENTS

2000 - Subsec. (e)(1). Pub. L. 106-398 substituted ''areas of a

country that are rural or are underserved by medical, 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 Committee on National

Security'' in introductory provisions.

1996 - Subsec. (a)(4). Pub. L. 104-201, Sec. 1074(a)(2)(A),

substituted ''armed forces'' for ''Armed Forces'' in two places.

Pub. L. 104-106, Sec. 1313(b), added par. (4).

Subsec. (b). Pub. L. 104-201, Sec. 1304(b), designated existing

provisions as par. (1) and added par. (2).

Subsec. (c)(2) to (4). Pub. L. 104-201, Sec. 1304(a), added pars.

(2) and (3) and redesignated former par. (2) as (4).

Subsec. (d). Pub. L. 104-106, Sec. 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, Sec. 1074(a)(2)(B), inserted ''any

of the following'' after ''means'' in introductory provisions.

Pub. L. 104-106, Sec. 1313(a)(1), substituted ''means:'' for

''means - '' in introductory provisions.

Subsec. (e)(1). Pub. L. 104-106, Sec. 1313(a)(2), (3),

substituted ''Medical'' for ''medical'' and ''country.'' for

''country;''.

Subsec. (e)(2). Pub. L. 104-106, Sec. 1313(a)(2), (3),

substituted ''Construction'' for ''construction'' and ''systems.''

for ''systems;''.

Subsec. (e)(3). Pub. L. 104-106, Sec. 1313(a)(2), (4),

substituted ''Well'' for ''well'' and ''facilities.'' for

''facilities; and''.

Subsec. (e)(4). Pub. L. 104-106, Sec. 1313(a)(2), substituted

''Rudimentary'' for ''rudimentary''.

Subsec. (e)(5). Pub. L. 104-106, Sec. 1313(a)(5), added par. (5).

1993 - Subsec. (c)(2). Pub. L. 103-160, Sec. 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 paragraph) may be obligated for

humanitarian and civic assistance under this section only for

incidental costs of carrying out such assistance''.

Subsec. (f). Pub. L. 103-160, Sec. 1182(a)(1), struck out subsec.

(f) which read as follows: ''Not more than $16,400,000 may be

obligated or expended for the purposes of this section during

fiscal years 1987 through 1991.''

1988 - Subsec. (c)(2). Pub. L. 100-456 substituted ''paragraph

(1)'' for ''subsection (a)''.

1987 - Pub. L. 100-180, Sec. 332(b)(1)(A), substituted

''Humanitarian and civic assistance provided in conjunction with

military operations'' for ''Armed forces participation in

humanitarian and civic assistance activities'' in section

catchline.

Subsec. (a). Pub. L. 100-180, Sec. 332(b)(1)(B), (C), (5),

redesignated 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), respectively, and substituted

''section'' for ''chapter'' wherever appearing.

Subsec. (b). Pub. L. 100-180, Sec. 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 ''section'' for ''chapter''.

Subsec. (c). Pub. L. 100-180, Sec. 332(b)(3), (5), struck out

section catchline of former section 403 ''Payment of expenses'',

redesignated former section 403(a) and (b) as subsec. (c)(1) and

(2), respectively, of this section, and substituted ''section'' for

''chapter'' wherever appearing.

Subsec. (d). Pub. L. 100-180, Sec. 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, Sec. 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, Sec. 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''.

HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING LANDMINES

Pub. L. 103-337, div. A, title XIV, Sec. 1413, Oct. 5, 1994, 108

Stat. 2913, required Secretary of Defense to carry out program for

humanitarian purposes to provide assistance to other nations in

detection and clearance of landmines, specified that such

assistance was to be provided through instruction, education,

training, and advising of personnel of those nations in procedures

determined effective for detecting and clearing landmines,

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

assistance 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 repeal by Pub. L. 104-106, div. A,

title XIII, Sec. 1313(c), Feb. 10, 1996, 110 Stat. 475.

HUMANITARIAN AND CIVIC ASSISTANCE

Section 1504 of Pub. L. 103-160 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 Defense 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 Relief. - 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 Defense,

including the quantity, acquisition value, and value at the time of

the transportation of such items.

''(d) Report on Humanitarian Assistance Activities. - (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 information, 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 committees' means -

''(1) the Committee on Appropriations, the Committee on Armed

Services (now Committee on National Security), and the Committee

on Foreign Affairs (now Committee on International Relations) of

the House of Representatives; and

''(2) the Committee on Appropriations, the Committee 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,

provided: ''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 transportation of United States or

foreign nationals or the emergency transportation of humanitarian

relief personnel in conjunction with humanitarian relief

operations.''

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 ASSOCIATED

STATES OF MICRONESIA

Pub. L. 107-248, title VIII, Sec. 8009, Oct. 23, 2002, 116 Stat.

1538, provided that: ''Within the funds appropriated for the

operation and maintenance of the Armed Forces, funds are hereby

appropriated pursuant to section 401 of title 10, United States

Code, for humanitarian and civic assistance costs under chapter 20

of title 10, United States Code. Such funds may also be obligated

for humanitarian and civic assistance costs incidental to

authorized operations and pursuant to authority granted in section

401 of chapter 20 of title 10, United States Code, and these

obligations shall be reported to the Congress as of September 30 of

each year: Provided, That funds available for operation and

maintenance shall be available for providing humanitarian and

similar assistance by using Civic Action Teams in the Trust

Territories of the Pacific Islands and freely associated states of

Micronesia, pursuant to the Compact of Free Association as

authorized by Public Law 99-239 (48 U.S.C. 1901 note): Provided

further, That upon a determination by the Secretary of the Army

that such action is beneficial for graduate medical education

programs conducted at Army medical facilities located in Hawaii,

the Secretary of the Army may authorize the provision of medical

services at such facilities and transportation to such facilities,

on a nonreimbursable basis, for civilian patients from American

Samoa, the Commonwealth of the Northern Mariana Islands, the

Marshall Islands, the Federated States of Micronesia, Palau, and

Guam.''

(For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.)

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-117, div. A, title VIII, Sec. 8009, Jan. 10, 2002,

115 Stat. 2249.

Pub. L. 106-259, title VIII, Sec. 8009, Aug. 9, 2000, 114 Stat.

676.

Pub. L. 106-79, title VIII, Sec. 8009, Oct. 25, 1999, 113 Stat.

1232.

Pub. L. 105-262, title VIII, Sec. 8009, Oct. 17, 1998, 112 Stat.

2298.

Pub. L. 105-56, title VIII, Sec. 8009, Oct. 8, 1997, 111 Stat.

1222.

Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.

8010), Sept. 30, 1996, 110 Stat. 3009-71, 3009-90.

Pub. L. 104-61, title VIII, Sec. 8011, Dec. 1, 1995, 109 Stat.

653.

Pub. L. 103-335, title VIII, Sec. 8011, Sept. 30, 1994, 108 Stat.

2619.

Pub. L. 103-139, title VIII, Sec. 8012, Nov. 11, 1993, 107 Stat.

1439.

Pub. L. 102-396, title IX, Sec. 9021, Oct. 6, 1992, 106 Stat.

1904.

Pub. L. 102-172, title VIII, Sec. 8021, Nov. 26, 1991, 105 Stat.

1175.

Pub. L. 101-511, title VIII, Sec. 8021, Nov. 5, 1990, 104 Stat.

1879.

Pub. L. 101-165, title IX, Sec. 9031, Nov. 21, 1989, 103 Stat.

1135.

Pub. L. 100-463, title VIII, Sec. 8051, Oct. 1, 1988, 102 Stat.

2270-25.

Pub. L. 100-202, Sec. 101(b) (title VIII, Sec. 8063), Dec. 22,

1987, 101 Stat. 1329-43, 1329-73.

-CITE-

10 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

Sec. 402. Transportation of humanitarian relief supplies to foreign

countries

-STATUTE-

(a) Notwithstanding any other provision of law, and subject to

subsection (b), the Secretary of Defense may transport to any

country, without charge, supplies which have been furnished by a

nongovernmental source and which are intended for humanitarian

assistance. Such supplies may be transported only on a space

available basis.

(b)(1) The Secretary may not transport supplies under subsection

(a) unless the Secretary determines that -

(A) the transportation of such supplies is consistent with the

foreign policy of the United States;

(B) the supplies to be transported are suitable for

humanitarian purposes and are in usable condition;

(C) there is a legitimate humanitarian need for such supplies

by the people for whom they are intended;

(D) the supplies will in fact be used for humanitarian

purposes; and

(E) adequate arrangements have been made for the distribution

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 inspection of supplies before acceptance for transport.

(3) It shall be the responsibility of the donor to ensure that

supplies to be transported under this section 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 nonprofit 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) Not later than July 31 each year, the Secretary of State

shall submit to the Committee on Armed Services and the Committee

on Foreign Relations of the Senate and the Committee on Armed

Services and the Committee on International Relations of the House

of Representatives 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.

-SOURCE-

(Added Pub. L. 100-180, div. A, title III, Sec. 332(a), Dec. 4,

1987, 101 Stat. 1079; amended Pub. L. 101-510, div. A, title XIII,

Sec. 1311(2), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104-106, div.

A, title XV, Sec. 1502(a)(8), Feb. 10, 1996, 110 Stat. 503; Pub. L.

106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat.

774.)

-MISC1-

PRIOR PROVISIONS

A prior section 402 was renumbered section 401(b) of this title.

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (d). Pub. L. 104-106 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 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''.

-TRANS-

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.

-MISC5-

PROCESSING OF APPLICATIONS FOR TRANSPORTATION OF HUMANITARIAN

ASSISTANCE ABROAD BY DEPARTMENT OF DEFENSE

Pub. L. 106-309, title IV, Sec. 403, Oct. 17, 2000, 114 Stat.

1097, provided that:

''(a) Priority for Disaster Relief Assistance. - In processing

applications for the transportation of humanitarian assistance

abroad under section 402 of title 10, United States Code, the

Administrator of the United States Agency for International

Development shall afford a priority to applications for the

transportation of disaster relief assistance.

''(b) Modification of Applications. - The Administrator of the

United States Agency for International Development shall take all

possible actions to assist applicants for the transportation of

humanitarian assistance 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

Section 332(d) of Pub. L. 100-180 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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 5463.

-CITE-

10 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

(Sec. 403. Repealed. Pub. L. 104-106, div. A, title X, Sec.

1061(g)(1), Feb. 10, 1996, 110 Stat. 443)

-MISC1-

Section, added Pub. L. 102-484, div. A, title XIII, Sec.

1342(c)(1), Oct. 23, 1992, 106 Stat. 2557; amended Pub. L. 103-160,

div. A, title XV, Sec. 1501(b), (c), Nov. 30, 1993, 107 Stat.

1836, related to international peacekeeping activities.

-CITE-

10 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

Sec. 404. Foreign disaster assistance

-STATUTE-

(a) In General. - The President may direct the Secretary of

Defense to provide disaster assistance outside the United States to

respond to manmade or natural disasters when necessary to prevent

loss of lives.

(b) Forms of Assistance. - Assistance provided under this section

may include transportation, supplies, services, and equipment.

(c) Notification Required. - Not later than 48 hours after the

commencement of disaster assistance activities to provide

assistance under this section, the President shall transmit to

Congress a report containing notification of the assistance

provided, and proposed to be provided, under this section and a

description of so much of the following as is then available:

(1) The manmade or natural disaster for which disaster

assistance is necessary.

(2) The threat to human lives presented by the disaster.

(3) The United States military personnel and material resources

that are involved or expected to be involved.

(4) The disaster assistance that is being provided or is

expected to be provided by other nations or public or private

relief organizations.

(5) The anticipated duration of the disaster assistance

activities.

(d) Organizing Policies and Programs. - Amounts appropriated to

the Department of Defense for any fiscal year for Overseas

Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the

Department shall be available for organizing general policies and

programs for disaster relief programs for disasters occurring

outside the United States.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XIV, Sec. 1412(a), Oct. 5,

1994, 108 Stat. 2912.)

-MISC1-

PRIOR PROVISIONS

A prior section 404 was renumbered section 401(d) of this title.

-EXEC-

EX. ORD. NO. 12966. FOREIGN DISASTER ASSISTANCE

Ex. Ord. No. 12966, July 14, 1995, 60 F.R. 36949, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Defense Authorization Act for Fiscal Year 1995, Public Law

103-337 (the ''Act'') (see Tables for classification) and section

301 of title 3, United States Code, it is hereby ordered as

follows:

Section 1. This order governs the implementation of section 404

of title 10, United States Code, as added by amendment set forth in

section 1412(a) of the Act. Pursuant to 10 U.S.C. 404(a), the

Secretary of Defense is hereby directed to provide disaster

assistance outside the United States to respond to manmade or

natural disasters when the Secretary of Defense determines that

such assistance is necessary to prevent loss of lives. The

Secretary of Defense shall exercise the notification functions

required of the President by 10 U.S.C. 404(c).

Sec. 2. The Secretary of Defense shall provide disaster

assistance only: (a) at the direction of the President; or

(b) with the concurrence of the Secretary of State; or

(c) in emergency situations in order to save human lives, where

there is not sufficient time to seek the prior initial concurrence

of the Secretary of State, in which case the Secretary of Defense

shall advise, and seek the concurrence of, the Secretary of State

as soon as practicable thereafter.

For the purpose of section 2(b) of this order, only the Secretary

of State, or the Deputy Secretary of State, or persons acting in

those capacities, shall have the authority to withhold

concurrence. Concurrence of the Secretary of State is not required

for the execution of military operations undertaken pursuant to,

and consistent with, assistance provided in accordance with parts

(b) and (c) of this section, or with respect to matters relating to

the internal financial processes of the Department of Defense.

Sec. 3. In providing assistance covered by this order, the

Secretary of Defense shall consult with the Administrator of the

Agency for International Development, in the Administrator's

capacity as the President's Special Coordinator for International

Disaster Assistance.

Sec. 4. This order does not affect any activity or program

authorized under any other provision of law, except that referred

to in section 1 of this order.

Sec. 5. This order is effective at 12:01 a.m., e.d.t. on July 15,

1995. William J. Clinton.

-CITE-

10 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

Sec. 405. Use of Department of Defense funds for United States

share of costs of United Nations peacekeeping activities:

limitation

-STATUTE-

(a) Prohibition on Use of Funds. - Funds available to the

Department of Defense may not be used to make a financial

contribution (directly or through another department or agency of

the United States) to the United Nations -

(1) for the costs of a United Nations peacekeeping activity; or

(2) for any United States arrearage to the United Nations.

(b) Application of Prohibition. - The prohibition in subsection

(a) applies to voluntary contributions, as well as to contributions

pursuant to assessment by the United Nations for the United States

share of the costs of a peacekeeping activity.

-SOURCE-

(Added Pub. L. 104-106, div. A, title XIII, Sec. 1301(a), Feb. 10,

1996, 110 Stat. 473.)

-MISC1-

PRIOR PROVISIONS

A prior section 405 was renumbered section 401(e) of this title.

USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED NATIONS FORCES

Pub. L. 105-261, div. A, title XII, Sec. 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 Nations for the

establishment of a standing international 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.''

-CITE-

10 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

(Sec. 406. Renumbered Sec. 401(f))

-CITE-

10 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 20 - HUMANITARIAN AND OTHER ASSISTANCE

-HEAD-

(Sec. 410. Repealed. Pub. L. 104-106, div. A, title V, Sec.

571(a)(1), Feb. 10, 1996, 110 Stat. 353)

-MISC1-

Section, added Pub. L. 102-484, div. A, title X, Sec.

1081(b)(1), Oct. 23, 1992, 106 Stat. 2515, related to

Civil-Military Cooperative Action Program.

PILOT OUTREACH PROGRAM TO REDUCE DEMAND FOR ILLEGAL DRUGS

Section 1045 of Pub. L. 102-484, required Secretary of Defense to

conduct pilot outreach program to reduce demand for illegal drugs,

required program to include outreach activities by active and

reserve components of Armed Forces and focus primarily on youths in

general and inner-city youths in particular, and related to payment

of travel and living expenses, funding, duration of program, and

reporting requirements, prior to repeal by Pub. L. 104-106, div.

A, title V, Sec. 571(b), Feb. 10, 1996, 110 Stat. 353.

CONGRESSIONAL FINDINGS

Section 1081(a) of Pub. L. 102-484, related to findings of

Congress as to use of military resources to assist in addressing

domestic needs, prior to repeal by Pub. L. 104-106, div. A, title

V, Sec. 571(a)(2), Feb. 10, 1996, 110 Stat. 353.

-CITE-