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10 U.S.C. § 402Transportation of humanitarian relief supplies to foreign countries

submitted 39 years ago by Pub. L. 100-180 to r/title-10-ARMED-FORCES · 409 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may fly free humanitarian supplies to other countries. The Secretary must first confirm the supplies are needed, usable, and will reach civilians, not military groups. The Secretary can also transport supplies for environmental emergencies, and must report each year on what was shipped.

(a) The Secretary of Defense may transport humanitarian supplies to any country for free. These must be supplies donated by a nongovernmental source, meant for humanitarian assistance. The Secretary can only send them if there is spare room on a flight or shipment already happening — there's no dedicated transport just for this. (b) Before transporting supplies, the Secretary must decide five things are true: (A) sending the supplies fits with U.S. foreign policy; (B) the supplies are actually suitable for humanitarian use and are in usable condition; (C) the people or group getting the supplies genuinely need them; (D) the supplies will really be used for humanitarian purposes; and (E) there are solid plans in place for handing out or using the supplies once they arrive. The President must set up a process for making these five decisions, and that process must include inspecting the supplies before agreeing to transport them. It's the job of whoever asked for the transport to make sure their supplies are actually fit to be shipped. (c) Once supplies arrive, they can be handed out by a U.S. government agency, a foreign government, an international organization, or a private nonprofit relief group. They can never be given, directly or indirectly, to any person, group, or organization involved in military or paramilitary activity. (d) The Secretary may also use this same power to transport supplies meant to respond to or reduce damage from an environmental emergency, like an oil spill — but only if no other transportation is readily available. Unlike the free humanitarian transport in subsection (a), the Secretary may require whoever requested this environmental transport to pay back the Department of Defense's costs. (e) Each year, by July 31, the Secretary of State must send a report to four congressional committees — the Senate and House Armed Services Committees, plus the Senate Foreign Relations Committee and House International Relations Committee. The report must list where the supplies came from, what they were, where they went, and what happened to them, covering the twelve months ending the previous June 30.
the actual law source: uscode.house.gov ↗public domain
(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 or entity 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 or use 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 entity requesting the transport of supplies under this section to ensure that the supplies 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)
(1)

The Secretary of Defense may use the authority provided by subsection (a) to transport supplies intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment, but only if other sources to provide such transportation are not readily available.

(2)

Notwithstanding subsection (a), the Secretary of Defense may require reimbursement for costs incurred by the Department of Defense to transport supplies under this subsection.

(e)

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.

Source credit: (Added Pub. L. 100–180, div. A, title III, § 332(a), Dec. 4, 1987, 101 Stat. 1079; amended Pub. L. 101–510, div. A, title XIII, § 1311(2), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104–106, div. A, title XV, § 1502(a)(8), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title III, § 312(a), (b), Nov. 24, 2003, 117 Stat. 1429.)

history & why it existsrecord from the source credit
  • 1987Enacted · Pub. L. 100-180 · 101 Stat. 1079
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1669
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 503
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1429

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-180 on 1987-12-04.

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