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10 U.S.C. § 401Humanitarian and civic assistance provided in conjunction with military operations

submitted 40 years ago by Pub. L. 99-661 to r/title-10-ARMED-FORCES · 541 words · no verdicts yet

in plain englishAI-generated · not legal advice

A military department's Secretary may run humanitarian and civic assistance activities alongside authorized military operations abroad, if the activities boost both security interests and troops' operational skills. This aid can't duplicate other U.S. assistance, must serve basic needs, and can't go to anyone engaged in military or paramilitary activity. The Secretary of State must approve aid to each country, and the Secretary of Defense must report to Congress every year on these activities.

(a)(1) Following rules the Secretary of Defense sets, the Secretary of a military department may run humanitarian and civic assistance activities together with authorized military operations of the armed forces in a country. The Secretary concerned may do this only if the activities will promote both: (A) the security interests of the United States and of the country where the activities happen, and (B) the specific operational readiness skills of the service members who take part. (2) These activities must add to, not copy, any other social or economic assistance the United States already gives that country. They must serve the basic economic and social needs of that country's people. (3) This assistance can never go, directly or indirectly, to any individual, group, or organization involved in military or paramilitary activity. (b) The assistance may not be given to any foreign country unless the Secretary of State specifically approves it. (c)(1) Expenses that result directly from giving this assistance to a foreign country must be paid from funds specifically appropriated for that purpose. Paragraphs (2) and (3) of this subsection have been repealed. (4) Nothing here stops the Department of Defense from spending small amounts on humanitarian and civic assistance using other funds — except that operation-and-maintenance funds (other than the funds described in paragraph (1)) may only pay for the incidental costs of carrying out the assistance. (d) By March 1 each year, the Secretary of Defense must report to the Senate and House Armed Services Committees, the Senate Foreign Relations Committee, and the House Foreign Affairs Committee, on the past fiscal year's activities under this section. Each report must include: (1) which countries received humanitarian and civic assistance; (2) what kind of activities happened in each country; and (3) how much was spent on each activity in each country. (e) In this section, "humanitarian and civic assistance" means any of the following: (1) medical, surgical, dental, and veterinary care in rural or underserved areas, including related education, training, and technical help; (2) building basic surface transportation systems; (3) drilling wells and building basic sanitation facilities; and (4) basic construction and repair of public facilities.
the actual law source: uscode.house.gov ↗public domain
(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)

, (3) Repealed. Pub. L. 109–364, div. A, title XII, § 1203(a)(3), Oct. 17, 2006, 120 Stat. 2413.]

(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 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 any of the following:

(1)

Medical, surgical, dental, and veterinary care provided in areas of a country that are rural or are underserved by medical, surgical, dental, and veterinary professionals, respectively, including education, training, and technical assistance related to the care provided.

(2)

Construction of rudimentary surface transportation systems.

(3)

Well drilling and construction of basic sanitation facilities.

(4)

Rudimentary construction and repair of public facilities.

Source credit: (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; Pub. L. 104–106, div. A, title XIII, § 1313(a), (b), title XV, § 1502(a)(8), Feb. 10, 1996, 110 Stat. 474, 475, 503; Pub. L. 104–201, div. A, title X, § 1074(a)(2), title XIII, § 1304, Sept. 23, 1996, 110 Stat. 2658, 2704; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [[div. A], title XII, § 1235], Oct. 30, 2000, 114 Stat. 1654, 1654A–331; Pub. L. 108–375, div. A, title XII, § 1221, Oct. 28, 2004, 118 Stat. 2089; Pub. L. 109–163, div. A, title XII, § 1201, Jan. 6, 2006, 119 Stat. 3455; Pub. L. 109–364, div. A, title XII, § 1203(a), Oct. 17, 2006, 120 Stat. 2413; Pub. L. 112–239, div. A, title X, § 1076(f)(7), Jan. 2, 2013, 126 Stat. 1952.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-661 · 100 Stat. 3857
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1080
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 2058
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1771, 1839
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 474, 475, 503
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2658, 2704
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 2089
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3455
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2413
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1952

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-661 on 1986-11-14.

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