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10 U.S.C. § 407Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations

submitted 20 years ago by Pub. L. 109-364 to r/title-10-ARMED-FORCES · 817 words · no verdicts yet

in plain englishAI-generated · not legal advice

The military can give foreign countries help clearing landmines and managing dangerous weapons stockpiles, but only with the Secretary of State's approval. Troops providing this help usually cannot personally clear mines themselves. The Defense Department must report yearly on which countries got help and how much it spent.

This section lets the military help other countries clear landmines and manage weapons stockpiles, under strict limits. (a) Authority. Under Defense Department regulations, a military department's Secretary may provide humanitarian demining assistance and stockpiled conventional munitions assistance to a country, if doing so promotes either the shared security interests of the United States and that country, or the operational readiness skills of the troops involved. This help must add to, not duplicate, other social or economic assistance the country already gets from another U.S. agency. Troops providing humanitarian demining assistance generally cannot personally detect, lift, or destroy landmines or explosive remnants of war themselves — unless they're doing so to support a U.S. military operation at the same time. They also cannot provide this assistance as part of a military operation that doesn't involve the armed forces. (b) Limitations. This assistance cannot be provided unless the Secretary of State specifically approves it. Any other law that authorizes this kind of assistance must still follow the limits set in this section. (c) Expenses. Money for this assistance must come from funds specifically appropriated for Defense Department overseas humanitarian assistance. Covered expenses include: (A) travel, transportation, and living costs for Defense Department personnel providing the assistance; (B) the cost of equipment, services, or supplies used for the demining or munitions work, including gear transferred to the foreign country; and (C) travel, transportation, and living costs for foreign personnel attending Defense Department training. (d) Annual Report. Each year, the Secretary of Defense must report to the Senate and House Armed Services Committees and the Senate Foreign Relations and House Foreign Affairs Committees. The report must list: (1) which countries received assistance; (2) what type of assistance each country got; (3) which countries could not get assistance, and why — not enough personnel or funding; (4) how much was spent on each country; and (5) how agencies are coordinating research on demining technology, including technology for countering improvised explosive devices. (e) Definitions. "Humanitarian demining assistance" means detecting and clearing landmines, unexploded ordnance, and other explosive remnants of war, including training and technical assistance on explosive safety and clearance. "Stockpiled conventional munitions assistance" means training and support for disposing of, securing, and managing dangerous stockpiles of explosive ordnance, small arms, and light weapons — including man-portable air-defense systems — plus related education and technical assistance.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—
(1)

Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may provide humanitarian demining assistance and stockpiled conventional munitions assistance to a country if the Secretary concerned determines that the assistance will promote either—

(A)

the security interests of both the United States and the country to which the assistance is to be provided; or

(B)

the specific operational readiness skills of the members of the armed forces who participate in the activities.

(2)

Humanitarian demining assistance and stockpiled conventional munitions assistance 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.

(3)

The Secretary of Defense shall ensure that no member of the armed forces, while providing humanitarian demining assistance under this section—

(A)

engages in the physical detection, lifting, or destroying of landmines, unexploded explosive ordnance, or other explosive remnants of war (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)Limitations.—
(1)

Humanitarian demining assistance and stockpiled conventional munitions assistance may not be provided under this section unless the Secretary of State specifically approves the provision of such assistance.

(2)

Any authority provided under any other provision of law to provide humanitarian demining assistance or stockpiled conventional munitions assistance to a foreign country shall be carried out in accordance with, and subject to, the limitations prescribed in this section.

(c)Expenses.—
(1)

Expenses incurred as a direct result of providing humanitarian demining assistance or stockpiled conventional munitions assistance under this section to a foreign country shall be paid for out of funds specifically appropriated for the purpose of the provision by the Department of Defense of overseas humanitarian assistance.

(2)

Expenses covered by paragraph (1) include the following:

(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 humanitarian demining activities or stockpiled conventional munitions activities, including any nonlethal, individual, or small-team equipment or supplies for clearing landmines or other explosive remnants of war, or stockpiled conventional munitions, as applicable, that are to be transferred or otherwise furnished to a foreign country in furtherance of the provision of assistance under this section.

(C)

Travel, transportation, and subsistence expenses of foreign personnel to attend training provided by the Department of Defense under this section.

(d)Annual Report.—

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 on activities carried out under this section during the preceding fiscal year, including—

(1)

a list of the countries to which humanitarian demining assistance or stockpiled conventional munitions assistance was provided during the preceding fiscal year;

(2)

the type and description of humanitarian demining assistance or stockpiled conventional munitions assistance provided to each country during the preceding fiscal year, as specified in paragraph (1), and whether such assistance was primarily related to the humanitarian demining efforts or stockpiled conventional munitions assistance;

(3)

a list of countries to which humanitarian demining assistance or stockpiled conventional munitions assistance could not be provided during the preceding fiscal year due to insufficient numbers of Department of Defense personnel to carry out such activities or insufficient funding;

(4)

the amount expended in providing such assistance to each such country during the preceding fiscal year; and

(5)

a description of interagency efforts to coordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clearance methods, including the transfer of relevant counter-improvised explosive device technology with potential humanitarian demining applications.

(e)Definitions.—

In this section:

(1)

The term “humanitarian demining assistance”, as it relates to training and support, means detection and clearance of landmines, unexploded explosive ordnance, and other explosive remnants of war, and includes activities related to the furnishing of education, training, and technical assistance with respect to explosive safety, the detection and clearance of landmines, unexploded explosive ordnance, and other explosive remnants of war.

(2)

The term “stockpiled conventional munitions assistance”, as it relates to the support of humanitarian assistance efforts, means training and support in the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems. Such term includes activities related to the furnishing of education, training, and technical assistance with respect to explosive safety and the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems.

Source credit: (Added Pub. L. 109–364, div. A, title XII, § 1203(b)(1), Oct. 17, 2006, 120 Stat. 2413; amended Pub. L. 112–81, div. A, title X, § 1092(a), (b)(1), Dec. 31, 2011, 125 Stat. 1605, 1606; Pub. L. 113–66, div. A, title X, § 1083, Dec. 26, 2013, 127 Stat. 871; Pub. L. 113–291, div. A, title X, §§ 1041, 1071(f)(5), Dec. 19, 2014, 128 Stat. 3492, 3510; Pub. L. 114–328, div. A, title X, § 1082, Dec. 23, 2016, 130 Stat. 2420; Pub. L. 115–91, div. A, title X, § 1043, Dec. 12, 2017, 131 Stat. 1554; Pub. L. 117–263, div. A, title X, § 1043, Dec. 23, 2022, 136 Stat. 2770.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-364 · 120 Stat. 2413
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1605, 1606
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 871
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3492, 3510
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2420
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1554
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2770

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-364 on 2006-10-17.

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