HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED IN CONJUNCTION WITH MILITARY OPERATIONS

(Text of Title 10 U.S. Code, Section 401)

Title 10 - Armed Forces

Part 1 - Organization and General Military Powers

Chapter 20 - Humanitarian and Other Assistance 

Section 401 - Humanitarian and civic assistance provided in conjunction
with military operations

(January 6, 2003)

-STATUTE-

(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.

(4)  The Secretary of Defense shall ensure that no member of the armed forces, while providing assistance under this section that is described in subsection (e)(5) -

     (A)  engages in the physical detection, lifting, or destroying of landmines (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)(1)  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.

(2)  Any authority provided under any other provision of law to provide assistance that is described in subsection (e)(5) to a foreign country shall be carried out in accordance with, and subject to, the limitations prescribed in this section. Any such provision may be construed as superseding a provision of this
section only if, and to the extent that, such provision specifically refers to this section and specifically identifies the
provision of this section that is to be considered superseded or otherwise inapplicable under such provision.

(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) Expenses covered by paragraph (1) include the following expenses incurred in providing assistance described in subsection (e)(5):

     (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 the activities described in subsection (e)(5), including any nonlethal, individual, or small-team landmine clearing equipment or supplies that are to be transferred or otherwise furnished to a foreign country in furtherance of the provision of assistance under this section.

(3)  The cost of equipment, services, and supplies provided in any fiscal year under paragraph (2)(B) may not exceed $5,000,000.

(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
International Relations 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, dental, and veterinary care provided in areas of a country that are rural or are underserved by medical, dental, and veterinary professionals, respectively.

     (2)  Construction of rudimentary surface transportation systems.

     (3)  Well drilling and construction of basic sanitation facilities.

     (4)  Rudimentary construction and repair of public facilities.

     (5)  Detection and clearance of landmines, including activities relating to the furnishing of education, training, and technical assistance with respect to the detection and clearance of
landmines.

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