EXTENSION AND CODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO FOREIGN COUNTRIES

SEC. 332. EXTENSION AND CODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO FOREIGN COUNTRIES (a) In General.—Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section: “§ 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 for whom they are intended; “(D) the supplies will in fact be used for humanitarian purposes; “(E) adequate arrangements have been made for the distribution 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 donor to ensure that supplies to be transported under this section 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. 101 STAT. 1080 “(d) At the end of each six-month period, the Secretary of State shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report identifying the origin, contents, destination, and disposition of all supplies transported under this section during such six-month period.”. (b) Conforming Amendments.—(1) Section 401 of such title is amended— (A) by striking out the section heading and inserting in lieu thereof the following: “§ 401. Humanitarian and civic assistance provided in conjunction with military operations”; (B) in subsection (a)— (i) by inserting “(1)” after “(a)”; and (ii) by redesignating clauses (1) and (2) as clauses (A) and (B); and (C) by redesignating subsections (b) and (c) as paragraphs (2) and (3), respectively. (2) Section 402 of such title (as in effect on the day before the date of the enactment of this section) is amended— (A) by striking out the section heading; and (B) by designating the text following such heading as subsection (b). (3) Section 403 of such title is amended— (A) by striking out the section heading; (B) by redesignating subsection (a) as subsection (c)(1); and (C) by redesignating subsection (b) as paragraph (2). (4) Sections 404, 405, and 406 of such title are amended— (A) by striking out the section headings; and (B) by designating the text following such headings as subsections (d), (e), and (f), respectively. (5) Section 401 of such title (as amended by this subsection) is further amended by striking out “chapter” each place it appears and inserting in lieu thereof “section”. (6) The chapter heading and table of sections at the beginning of such chapter are amended to read as follows: “CHAPTER 20—HUMANITARIAN AND OTHER ASSISTANCE “Sec. “401. Humanitarian and civic assistance provided in conjunction with military operations. “402. Transportation of humanitarian relief supplies to foreign countries.” (c) Clerical Amendments.—The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle are each amended by striking out the item relating to chapter 20 and inserting in lieu thereof the following: “20. Humanitarian and other Assistance 401”. (d) First Report Deadline.—The first report under section 402(d) of title 10, United States Code, as added by subsection (a), shall be submitted not more than six months after the date on which the most recent report was submitted under section 1540(e) of the 101 STAT. 1081 Department of Defense Authorization Act, 1985 (Public Law 98–525; 98 Stat. 2638).