
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-117 Section 8009]
[CITE: 10USC401]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE
 
Sec. 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.
    (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.

(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.)


                               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. 106-259, title VIII, Sec. 8009, Aug. 9, 2000, 114 Stat. 676, 
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 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. 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.
