§401. Humanitarian and civic assistance provided in conjunction with military operations

(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.

(b) 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.

(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) 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 Committees on Armed Services and Foreign Relations of the Senate and to the Committees on Armed Services and Foreign Affairs 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-

(1) medical, dental, and veterinary care provided in rural areas of a country;

(2) construction of rudimentary surface transportation systems;

(3) well drilling and construction of basic sanitation facilities; and

(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.)

Amendments

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 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, §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, §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, §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, §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, §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, §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".

Change of Name

Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Humanitarian Assistance Program for Clearing Landmines

Pub. L. 103–337, div. A, title XIV, §1413, Oct. 5, 1994, 108 Stat. 2913 , provided that:

"(a) Program Authorized.-The Secretary of Defense shall carry out a program for humanitarian purposes to provide assistance to other nations in the detection and clearance of landmines. Such assistance shall be provided through instruction, education, training, and advising of personnel of those nations in the various procedures that have been determined effective for detecting and clearing landmines.

"(b) Forms of Assistance.-The Secretary may provide assistance under subsection (a) by-

"(1) providing Department of Defense personnel to conduct the instruction, education, or training or to furnish advice; or

"(2) providing financial assistance or in-kind assistance in support of such instruction, education, or training.

"(c) Limitation on United States Military Personnel.-The Secretary of Defense shall ensure that no member of the Armed Forces of the United States-

"(1) while providing assistance under subsection (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

"(2) provides such assistance as part of a military operation that does not involve the Armed Forces of the United States.

"(d) Use of Funds.-Of the amount authorized to be appropriated by section 301 [108 Stat. 2706] for Overseas Humanitarian, Disaster, and Civic Aid (OHDACA) programs of the Department of Defense, not more than $20,000,000 shall be available for the program under subsection (a). Such amount may be used-

"(1) for activities to support the clearing of landmines for humanitarian purposes, including activities relating to the furnishing of education, training, and technical assistance;

"(2) for the provision of equipment and technology by transfer or lease to a foreign government that is participating in a landmine clearing program under this section; and

"(3) for contributions to nongovernmental organizations that have experience in the clearing of landmines to support activities described in subsection (a).

"(e) Notice to Congress.-The Secretary of Defense shall provide notice to Congress of any activity carried out under this section."

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 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, and 2551 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 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. 103–335, title VIII, §8011, Sept. 30, 1994, 108 Stat. 2619 , 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 Congress on 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. 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.