§402 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can move humanitarian supplies given by nongovernmental groups to other countries for free when there is spare cargo space. Before doing so, the Secretary must find that the shipment fits U.S. foreign policy, the items are usable and meant for humanitarian help, there is a real need, the items will be used for that purpose, and there are plans to distribute them. The President must create procedures for those checks, including inspecting the supplies. The group asking for transport must make sure the items are okay for travel. The supplies can be handed out by a U.S. agency, a foreign government, an international organization, or a private nonprofit, but not to anyone doing military or paramilitary activities. The Secretary may also transport goods to respond to environmental threats (for example, an oil spill) if no other transport is available, and may require repayment of the Department’s costs in that case. By July 31 each year, the Secretary of State must report to the Senate Committees on Armed Services and Foreign Relations and the House Committees on Armed Services and International Relations on the origin, contents, destination, and final use of all such shipments for the 12‑month period ending June 30.

Title 10, §402

Armed Forces — Source: USLM XML via OLRC

(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 or entity 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 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 inspection of supplies before acceptance for transport.

(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 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)(1)The Secretary of Defense may use the authority provided by subsection (a) to transport 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 Secretary 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 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.

Notes & Related Subsidiaries

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), inserted “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 ensure that supplies to be transported under this section”. 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 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”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs 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 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 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.

§402 Transportation of Humanitarian Relief Supplies to Foreign Countries