
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC404]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 20--HUMANITARIAN AND OTHER ASSISTANCE
 
Sec. 404. Foreign disaster assistance

    (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.

(Added Pub. L. 103-337, div. A, title XIV, Sec. 1412(a), Oct. 5, 1994, 
108 Stat. 2912.)


                            Prior Provisions

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

             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.
