- § 401. Humanitarian and civic assistance provided in conjunction with military operations
- § 402. Transportation of humanitarian relief supplies to foreign countries
- [§ 403. Repealed.
- § 404. Foreign disaster assistance
- § 405. Use of Department of Defense funds for United States share of costs of United Nations peacekeeping activities: limitation
- [§ 406. Renumbered § 401(f)]
- § 407. Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations
- § 408. Assistance in support of Department of Defense accounting for missing United States Government personnel
- § 409. Center for Complex Operations
- [§ 410. Repealed.
§ 401. Humanitarian and civic assistance provided in conjunction with military operations
(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[(2), (3) Repealed.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.
(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.)
§ 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 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.
(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.)
[§ 403. Repealed. Pub. L. 104–106, div. A, title X, § 1061(g)(1), Feb. 10, 1996, 110 Stat. 443]
§ 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 or serious harm to the environment.
(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 or the environment 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.
(e)Limitation on Transportation Assistance.—Transportation services authorized under subsection (b) may be provided in response to a manmade or natural disaster to prevent serious harm to the environment, when human lives are not at risk, only if other sources to provide such transportation are not readily available.
(Added Pub. L. 103–337, div. A, title XIV, § 1412(a), Oct. 5, 1994, 108 Stat. 2912; amended Pub. L. 108–136, div. A, title III, § 312(c), Nov. 24, 2003, 117 Stat. 1430.)
§ 405. Use of Department of Defense funds for United States share of costs of United Nations peacekeeping activities: limitation
(a)Prohibition on Use of Funds.—Funds available to the Department of Defense may not be used to make a financial contribution (directly or through another department or agency of the United States) to the United Nations—
(1) for the costs of a United Nations peacekeeping activity; or
(2) for any United States arrearage to the United Nations.
(b)Application of Prohibition.—The prohibition in subsection (a) applies to voluntary contributions, as well as to contributions pursuant to assessment by the United Nations for the United States share of the costs of a peacekeeping activity.
(Added Pub. L. 104–106, div. A, title XIII, § 1301(a), Feb. 10, 1996, 110 Stat. 473.)
[§ 406. Renumbered § 401(f)]
§ 407. Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations
(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.
(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.)
§ 408. Assistance in support of Department of Defense accounting for missing United States Government personnel
(a)In General.—The Secretary of Defense may provide assistance to any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States Government personnel.
(b)Types of Assistance.—The assistance provided under subsection (a) may include the following:
(1) Equipment.
(2) Supplies.
(3) Services.
(4) Training of personnel.
(5) Funds.
(c)Approval by Secretary of State.—Assistance may not be provided under this section to any foreign nation unless the Secretary of State specifically approves the provision of such assistance.
(d)Limitations.—
(1) Except as provided in paragraph (2), the amount of assistance provided under this section in any fiscal year may not exceed $5,000,000.
(2) The Secretary may waive the limitation under paragraph (1) if the Secretary submits to the congressional defense committees notice of the waiver together with the reasons why the waiver is necessary.
(3) No assistance may be provided under this section to a foreign nation the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to—
(A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); or
(C) section 40 of the Arms Export Control Act (22 U.S.C. 2780).
(e)Construction With Other Assistance.—The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law.
(f)Annual Report.—Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.
(Added Pub. L. 110–181, div. A, title XII, § 1207(a), Jan. 28, 2008, 122 Stat. 367; amended Pub. L. 112–81, div. A, title X, § 1064(5), Dec. 31, 2011, 125 Stat. 1587; Pub. L. 118–31, div. A, title X, § 1042(a), Dec. 22, 2023, 137 Stat. 388.)
§ 409. Center for Complex Operations
(a)Center Authorized.—The Secretary of Defense may establish a center to be known as the “Center for Complex Operations” (in this section referred to as the “Center”).
(b)Purposes.—The purposes of the Center established under subsection (a) shall be the following:
(1) To provide for effective coordination in the preparation of Department of Defense personnel and other United States Government personnel for complex operations.
(2) To foster unity of effort during complex operations among—
(A) the departments and agencies of the United States Government;
(B) foreign governments and militaries;
(C) international organizations and international nongovernmental organizations; and
(D) domestic nongovernmental organizations.
(3) To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to complex operations.
(4) To identify gaps in the education and training of Department of Defense personnel, and other relevant United States Government personnel, relating to complex operations, and to facilitate efforts to fill such gaps.
(c)Concurrence of the Secretary of State.—The Secretary of Defense shall seek the concurrence of the Secretary of State to the extent the efforts and activities of the Center involve the entities referred to in subparagraphs (B) and (C) of subsection (b)(2).
(d)Support From Other United States Government Departments or Agencies.—The head of any non-Department of Defense department or agency of the United States Government may—
(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
(2) transfer funds to the Secretary of Defense to support the operations of the Center.
(e)Acceptance of Gifts and Donations.—
(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
(2) The sources specified in this paragraph are the following:
(A) The government of a State or a political subdivision of a State.
(B) The government of a foreign country.
(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
(D) Any source in the private sector of the United States or a foreign country.
(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
(B) the integrity of any program of the Department or of any person involved in such a program.
(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
(f)Crediting of Funds Transferred or Accepted.—Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
(g)Definitions.—In this section:
(1) The term “complex operation” means an operation as follows:
(A) A stability operation.
(B) A security operation.
(C) A transition and reconstruction operation.
(D) A counterinsurgency operation.
(E) An operation consisting of irregular warfare.
(2) The term “gift or donation” means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).
(Added Pub. L. 110–417, [div. A], title X, § 1031(a), Oct. 14, 2008, 122 Stat. 4589.)
[§ 410. Repealed. Pub. L. 104–106, div. A, title V, § 571(a)(1), Feb. 10, 1996, 110 Stat. 353]