HUMANITARIAN
AND CIVIC ASSISTANCE PROVIDED IN CONJUNCTION WITH MILITARY
OPERATIONS (Text
of Title 10 U.S. Code, Section 401)
- Continued
-SOURCE-
(Added Pub. L. 99-661, div. A,
title III, Sec. 333(a)(1), Nov. 14,
1986, 100 Stat. 3857; amended Pub. L. 100-180, div. A, title III,
Sec. 332(b)(1)-(5), Dec. 4, 1987, 101 Stat. 1080; Pub. L. 100-456,
div. A, title XII, Sec. 1233(g)(1), Sept. 29, 1988, 102 Stat.
2058; Pub. L. 103-160, div. A, title XI, Sec. 1182(a)(1), title
XV, Sec. 1504(b), Nov. 30, 1993, 107 Stat. 1771, 1839; Pub. L.
104-106, div. A, title XIII, Sec. 1313(a), (b), title XV, Sec.
1502(a)(8), Feb. 10, 1996, 110 Stat. 474, 475, 503; Pub. L.
104-201, div. A, title X, Sec. 1074(a)(2), title XIII, Sec. 1304,
Sept. 23, 1996, 110 Stat. 2658, 2704; Pub. L. 106-65, div. A,
title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L.
106-398, Sec. 1 ((div. A), title XII, Sec. 1235), Oct. 30, 2000,
114 Stat. 1654, 1654A-331.)
-MISC1-
AMENDMENTS
2000 - Subsec. (e)(1). Pub. L. 106-398 substituted ''areas of a
country that are rural or are underserved by medical, dental, and
veterinary professionals, respectively'' for ''rural areas of a
country''.
1999 - Subsec. (d). Pub. L. 106-65 substituted ''and the
Committee on Armed Services'' for ''and the Committee on National
Security'' in introductory provisions.
1996 - Subsec. (a)(4). Pub. L. 104-201, Sec. 1074(a)(2)(A),
substituted ''armed forces'' for ''Armed Forces'' in two places.
Pub. L. 104-106, Sec. 1313(b), added par. (4).
Subsec. (b). Pub. L. 104-201, Sec. 1304(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c)(2) to (4). Pub. L. 104-201, Sec. 1304(a), added pars.
(2) and (3) and redesignated former par. (2) as (4).
Subsec. (d). Pub. L. 104-106, Sec. 1502(a)(8), substituted
''Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on National Security and
the Committee on International Relations'' for ''Committees on
Armed Services and Foreign Relations of the Senate and to the
Committees on Armed Services and Foreign Affairs''.
Subsec. (e). Pub. L. 104-201, Sec. 1074(a)(2)(B), inserted ''any
of the following'' after ''means'' in introductory provisions.
Pub. L. 104-106, Sec. 1313(a)(1), substituted ''means:'' for
''means - '' in introductory provisions.
Subsec. (e)(1). Pub. L. 104-106, Sec. 1313(a)(2), (3),
substituted ''Medical'' for ''medical'' and ''country.'' for
''country;''.
Subsec. (e)(2). Pub. L. 104-106, Sec. 1313(a)(2), (3),
substituted ''Construction'' for ''construction'' and ''systems.''
for ''systems;''.
Subsec. (e)(3). Pub. L. 104-106, Sec. 1313(a)(2), (4),
substituted ''Well'' for ''well'' and ''facilities.'' for
''facilities; and''.
Subsec. (e)(4). Pub. L. 104-106, Sec. 1313(a)(2), substituted
''Rudimentary'' for ''rudimentary''.
Subsec. (e)(5). Pub. L. 104-106, Sec. 1313(a)(5), added par. (5).
1993 - Subsec. (c)(2). Pub. L. 103-160, Sec. 1504(b), inserted
before period '', 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''.
Subsec. (f). Pub. L. 103-160, Sec. 1182(a)(1), struck out subsec.
(f) which read as follows: ''Not more than $16,400,000 may be
obligated or expended for the purposes of this section during
fiscal years 1987 through 1991.''
1988 - Subsec. (c)(2). Pub. L. 100-456 substituted ''paragraph
(1)'' for ''subsection (a)''.
1987 - Pub. L. 100-180, Sec. 332(b)(1)(A), substituted
''Humanitarian and civic assistance provided
in conjunction with
military operations'' for ''Armed forces participation in
humanitarian and civic assistance
activities'' in section
catchline.
Subsec. (a). Pub. L. 100-180, Sec. 332(b)(1)(B), (C), (5),
redesignated former subsec. (a) as par. (1) and former cls. (1)
and
(2) as cls. (A) and (B), respectively, redesignated former subsecs.
(b) and (c) as pars. (2) and (3), respectively, and substituted
''section'' for ''chapter'' wherever appearing.
Subsec. (b). Pub. L. 100-180, Sec. 332(b)(2), (5), struck out
section catchline of former section 402 ''Approval of Secretary of
State'', designated text of former section 402 as subsec. (b) of
this section, and substituted ''section'' for ''chapter''.
Subsec. (c). Pub. L. 100-180, Sec. 332(b)(3), (5), struck out
section catchline of former section 403 ''Payment of expenses'',
redesignated former section 403(a) and (b) as subsec. (c)(1) and
(2), respectively, of this section, and substituted ''section''
for
''chapter'' wherever appearing.
Subsec. (d). Pub. L. 100-180, Sec. 332(b)(4), (5), struck out
section catchline of former section 404 ''Annual report to
Congress'', designated text of former section 404 as subsec. (d)
of
this section, and substituted ''section'' for ''chapter''.
Subsec. (e). Pub. L. 100-180, Sec. 332(b)(4), (5), struck out
section catchline of former section 405 ''Definition of
humanitarian and civic assistance'',
designated text of former
section 405 as subsec. (e) of this section, and substituted
''section'' for ''chapter''.
Subsec. (f). Pub. L. 100-180, Sec. 332(b)(4), (5), struck out
section catchline of former section 406 ''Expenditure
limitation'',
designated text of former section 406 as subsec. (f) of this
section, and substituted ''section'' for ''chapter''.
HUMANITARIAN ASSISTANCE PROGRAM FOR CLEARING
LANDMINES
Pub. L. 103-337, div. A, title XIV, Sec. 1413, Oct. 5, 1994, 108
Stat. 2913, required Secretary of Defense to carry out program
for
humanitarian purposes to provide assistance to other
nations in
detection and clearance of landmines, specified that such
assistance was to be provided through instruction,
education,
training, and advising of personnel of those nations in procedures
determined effective for detecting and clearing landmines,
specified forms of assistance, required Secretary to ensure
that no
member of Armed Forces engaged in physical detection, lifting, or
destroying of landmines (unless done for concurrent purpose of
supporting United States military operations) or gave such
assistance as part of military operation not involving
Armed
Forces, made funds available, specified uses of funds, and
required
Secretary to provide notice to Congress of activities carried out
under the program, prior to repeal by Pub. L. 104-106, div.
A,
title XIII, Sec. 1313(c), Feb. 10, 1996, 110 Stat. 475.
HUMANITARIAN AND CIVIC ASSISTANCE
Section 1504 of Pub. L. 103-160 provided that:
''(a) Regulations. - The regulations required to be prescribed
under section 401 of title 10, United States Code, shall be
prescribed not later than March 1, 1994. In prescribing such
regulations, the Secretary of Defense shall consult with the
Secretary of State.
''(b) Limitation on Use of Funds. - (Amended section 401(c)(2) of
this title.)
''(c) Notifications Regarding Humanitarian Relief. - Any
notification provided to the appropriate congressional committees
with respect to assistance activities under section 2551
(now 2561)
of title 10, United States Code, shall include a detailed
description of any items for which transportation is provided that
are excess nonlethal supplies of the Department of Defense,
including the quantity, acquisition value, and value at the time
of
the transportation of such items.
''(d) Report on Humanitarian Assistance Activities.
- (1) The
Secretary of Defense shall submit to the appropriate congressional
committees a report on the activities planned to be carried out by
the Department of Defense during fiscal year 1995 under sections
401, 402, 2547 (now 2557), and 2551 (now 2561) of title 10, United
States Code. The report shall include information, developed after
consultation with the Secretary of State, on the distribution of
excess nonlethal supplies transferred to the Secretary of State
during fiscal year 1993 pursuant to section 2547 of that title.
''(2) The report shall be submitted at the same time that the
President submits the budget for fiscal year 1995 to Congress
pursuant to section 1105 of title 31, United States Code.
''(e) Authorization of Appropriations. - The funds authorized to
be appropriated by section 301(18) (107 Stat. 1616) shall be
available to carry out humanitarian and civic assistance
activities
under sections 401, 402, and 2551 (now 2561) of title 10, United
States Code.
''(f) Appropriate Congressional Committees. - In this section,
the term 'appropriate congressional committees' means -
''(1) the Committee on Appropriations, the Committee on Armed
Services (now Committee on National Security), and the Committee
on Foreign Affairs (now Committee on International Relations) of
the House of Representatives; and
''(2) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate.''
HUMANITARIAN ASSISTANCE; EMERGENCY TRANSPORTATION OF
INDIVIDUALS
Pub. L. 102-396, title II, Oct. 6, 1992, 106 Stat. 1884,
provided: ''That where required and notwithstanding any other
provision of law, funds made available under this heading
(Humanitarian Assistance) for fiscal year 1993 or
thereafter, shall
be available for emergency transportation of United States or
foreign nationals or the emergency transportation of humanitarian
relief personnel in conjunction with humanitarian relief
operations.''
APPROPRIATION OF FUNDS FOR HUMANITARIAN AND CIVIC ASSISTANCE;
ANNUAL REPORT TO CONGRESS ON OBLIGATIONS; USE OF CIVIC
ACTION TEAMS
IN TRUST TERRITORIES OF PACIFIC ISLANDS AND FREELY ASSOCIATED
STATES OF MICRONESIA
Pub. L. 107-248, title VIII, Sec. 8009, Oct. 23, 2002, 116 Stat.
1538, provided that: ''Within the funds appropriated for the
operation and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance
costs under chapter 20
of title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs
incidental to
authorized operations and pursuant to authority granted in section
401 of chapter 20 of title 10, United States Code, and these
obligations shall be reported to the Congress as of September 30
of
each year: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian
and
similar assistance by using Civic Action Teams in
the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as
authorized by Public Law 99-239 (48 U.S.C. 1901 note): Provided
further, That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in
Hawaii,
the Secretary of the Army may authorize the provision of medical
services at such facilities and transportation to such facilities,
on a nonreimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and
Guam.''
(For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.)
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 107-117, div. A, title VIII, Sec. 8009, Jan. 10, 2002,
115 Stat. 2249.
Pub. L. 106-259, title VIII, Sec. 8009, Aug. 9, 2000, 114 Stat.
676.
Pub. L. 106-79, title VIII, Sec. 8009, Oct. 25, 1999, 113 Stat.
1232.
Pub. L. 105-262, title VIII, Sec. 8009, Oct. 17, 1998, 112 Stat.
2298.
Pub. L. 105-56, title VIII, Sec. 8009, Oct. 8, 1997, 111 Stat.
1222.
Pub. L. 104-208, div. A, title I, Sec. 101(b) (title VIII, Sec.
8010), Sept. 30, 1996, 110 Stat. 3009-71, 3009-90.
Pub. L. 104-61, title VIII, Sec. 8011, Dec. 1, 1995, 109 Stat.
653.
Pub. L. 103-335, title VIII, Sec. 8011, Sept. 30, 1994, 108 Stat.
2619.
Pub. L. 103-139, title VIII, Sec. 8012, Nov. 11, 1993, 107 Stat.
1439.
Pub. L. 102-396, title IX, Sec. 9021, Oct. 6, 1992, 106 Stat.
1904.
Pub. L. 102-172, title VIII, Sec. 8021, Nov. 26, 1991, 105 Stat.
1175.
Pub. L. 101-511, title VIII, Sec. 8021, Nov. 5, 1990, 104 Stat.
1879.
Pub. L. 101-165, title IX, Sec. 9031, Nov. 21, 1989, 103 Stat.
1135.
Pub. L. 100-463, title VIII, Sec. 8051, Oct. 1, 1988, 102 Stat.
2270-25.
Pub. L. 100-202, Sec. 101(b) (title VIII, Sec. 8063), Dec. 22,
1987, 101 Stat. 1329-43, 1329-73.
[Source: Office of the Law
Revision Counsel, U.S. House of Representatives]