United States Code

USC most recently checked for updates: May 19, 2024

§ 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.)
cite as: 10 USC 402