
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC402]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE
 
Sec. 402. Transportation of humanitarian relief supplies to 
        foreign countries
        
    (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.

(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.)


                            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''.

                         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.


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).

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 5463.
