§ 2561. Humanitarian assistance

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title III § 304(c)(1) · 106 Stat. 2315

   Enacted · 10 U.S.C. § 2561

   Added Pub. L. 102–484, div. A, title III, § 304(c)(1), Oct. 23, 1992, 106 Stat. 2361, § 2551

   Source evidence

   Code source credit
   Added Pub. L. 102–484, div. A, title III, § 304(c)(1), Oct. 23, 1992, 106 Stat. 2361, § 2551

   Enacted provision · exact public law section
   (1) Subchapter II of chapter 152 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2551. Humanitarian assistance “(a) Authorized Assistance.— To the extent provided in defense authorization Acts, funds authorized to be appropriated to the Department of Defense for a fiscal year for humanitarian assistance shall be used for the purpose of providing transportation of humanitarian relief and for other humanitarian purposes worldwide. “(b) Authority To Transfer Funds.— To the extent provided in defense authorization Acts for a fiscal year, the Secretary of Defense may transfer to the Secretary of State funds appropriated for the purposes of this section to provide for— “(1) the payment of administrative costs incurred in providing the transportation described in subsection (a); and “(2) the purchase or other acquisition of transportation assets for the distribution of humanitarian relief supplies in the country of destination. “(c) Transportation of Humanitarian Relief.— (1) Transportation of humanitarian relief provided with funds appropriated for the purposes of this section shall be provided under the direction of the Secretary of State. “(2) Such transportation shall be provided by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to provide such transportation other than by the most economical means available. The means used to provide such transportation may include the use of aircraft and personnel of the reserve components of the Armed Forces. “(3) Nothing in this subsection shall be construed as waiving the requirements of section 2631 of this title and sections 901(b) and 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) and 1241f). “(d) Availability of Funds.— To the extent provided in appropriation Acts, funds appropriated for humanitarian assistance for the purposes of this section shall remain available until expended. “(e) Status Reports.— (1) The Secretary of Defense shall submit (at the times specified in paragraph (2)) 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 on the provision of humanitarian assistance pursuant to this section. “(2) (A) Whenever there is enacted a defense authorization Act that contains an authorization of appropriations for humanitarian assistance, a report referred to in paragraph (1) shall be submitted as provided in that paragraph not later than 60 days after the date of the enactment of that Act. “(B) In addition to reports submitted as provided in subparagraph (A), a report shall be submitted under paragraph (1) not later than June 1 of each year. “(3) Each report required by paragraph (1) shall cover all provisions of law, contained in defense authorization Acts, that authorize appropriations for humanitarian assistance to be available for the purposes of this section. A report submitted after the obligation of all amounts appropriated pursuant to such a provision of law shall not cover that provision of law. “(4) Subject to paragraph (3), a report required by paragraph (1) shall contain (as of the date on which the report is submitted) the following information: “(A) The total amount of funds obligated for humanitarian relief under this section. “(B) The number of scheduled and completed flights for purposes of providing humanitarian relief under this section. “(C) A description of any transfer of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of this title. The description shall include the date of the transfer, to whom the transfer is made, the quantity of items transferred, the acquisition value of the items transferred, and the value of the items at the time of the transfer. “(f) Report Regarding Relief for Unauthorized Countries.— In any case in which the Secretary of Defense provides for the transportation of humanitarian relief to a country to which the transportation of humanitarian relief has not been specifically authorized by law, the Secretary shall notify the Committees on Appropriations and on Armed Services of the Senate and House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the Secretary’s intention to provide such transportation. The notification shall be submitted not less than 15 days before the commencement of such transportation. “(g) Definition.— In this section, the term ‘defense authorization Act’ means an Act that authorizes appropriations for one or more fiscal years for military activities of the Department of Defense, including authorizations of appropriations for the activities described in paragraph (7) of section 114(a) of this title.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1312(1) · 110 Stat. 186

   1. Redesignated · 10 U.S.C. § 2561(b)

      Pub. L. 104–106, § 1312(1), (2), redesignated subsec. (d) as (b)

   2. Struck · 10 U.S.C. § 2561(b)

      Pub. L. 104–106, § 1312(1), (2), struck out former subsec. (b) which read as follows: “Authority To Transfer Funds.—To the extent provided in defense authorization Acts for a fiscal year, the Secretary of Defense may transfer to the Secretary of State funds appropriated for the purposes of this section to provide for—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106, § 1312(1), (2), redesignated subsec. (d) as (b) and struck out former subsec. (b) which read as follows: “Authority To Transfer Funds.—To the extent provided in defense authorization Acts for a fiscal year, the Secretary of Defense may transfer to the Secretary of State funds appropriated for the purposes of this section to provide for—

   “(1) the payment of administrative costs incurred in providing the transportation described in subsection (a); and “(2) the purchase or other acquisition of transportation assets for the distribution of humanitarian relief supplies in the country of destination.”

   Enacted provision · exact public law section
   (1) by striking out subsections (b) and (c);

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1312(1) · 110 Stat. 186

   1. Added · 10 U.S.C. § 2561(c)

      Pub. L. 104–106, § 1312(1), (3), added subsec. (c)

   2. Struck · 10 U.S.C. § 2561(c)

      Pub. L. 104–106, § 1312(1), (3), struck out former subsec. (c) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 1312(1), (3), added subsec. (c) and struck out former subsec. (c) which read as follows:

   “(c) Transportation of Humanitarian Relief.—(1) Transportation of humanitarian relief provided with funds appropriated for the purposes of this section shall be provided under the direction of the Secretary of State. “(2) Such transportation shall be provided by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to provide such transportation other than by the most economical means available. The means used to provide such transportation may include the use of aircraft and personnel of the reserve components of the Armed Forces. “(3) Nothing in this subsection shall be construed as waiving the requirements of section 2631 of this title and sections 901(b) and 901b of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) and 1241f).”

   Enacted provision · exact public law section
   (1) by striking out subsections (b) and (c);

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1312(4) · 110 Stat. 186

   1. Redesignated · 10 U.S.C. § 2561(d)

      Pub. L. 104–106, § 1312(4), redesignated subsec. (f) as (d)

   2. Redesignated · 10 U.S.C. § 2561(d)

      Pub. L. 104–106, § 1312(4), substituted “the congressional committees specified in subsection (f) and the Committees on Appropriations of the Senate and House of Representatives of the” for “the Committees on Appropriations and on Armed Services of the Senate and House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the”. Former subsec. (d) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–106, § 1312(4), redesignated subsec. (f) as (d) and substituted “the congressional committees specified in subsection (f) and the Committees on Appropriations of the Senate and House of Representatives of the” for “the Committees on Appropriations and on Armed Services of the Senate and House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the”. Former subsec. (d) redesignated (b).

   Enacted provision · exact public law section
   (4) by redesignating subsection (f) as subsection (d) and in that subsection striking out “the Committees on” and all that follows through “House of Representatives of the” and inserting in lieu thereof “the congressional committees specified in subsection (f) and the Committees on Appropriations of the Senate and House of Representatives of the”;

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1312(3) · 110 Stat. 186

   1. Redesignated · 10 U.S.C. § 2561(e)

      Pub. L. 104–106, § 1312(3), (5), redesignated subsec. (g) as (e)

   2. Struck · 10 U.S.C. § 2561(e)

      Pub. L. 104–106, § 1312(3), (5), struck out former subsec. (e) which required status reports and specified time for submission, coverage, and contents

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–106, § 1312(3), (5), redesignated subsec. (g) as (e) and struck out former subsec. (e) which required status reports and specified time for submission, coverage, and contents.

   Enacted provision · exact public law section
   (3) by striking out subsection (e) and inserting in lieu thereof the following: “(c) Status Reports.— (1) The Secretary of Defense shall submit to the congressional committees specified in subsection (f) an annual report on the provision of humanitarian assistance pursuant to this section for the prior fiscal year. The report shall be submitted each year at the time of the budget submission by the President for the next fiscal year. “(2) Each report required by paragraph (1) shall cover all provisions of law that authorize appropriations for humanitarian assistance to be available from the Department of Defense for the purposes of this section. “(3) Each report under this subsection shall set forth the following information regarding activities during the previous fiscal year: “(A) The total amount of funds obligated for humanitarian relief under this section. “(B) The number of scheduled and completed transportation missions for purposes of providing humanitarian assistance under this section. “(C) A description of any transfer of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of this title. The description shall include the date of the transfer, the entity to whom the transfer is made, and the quantity of items transferred.”;

6. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1312(6) · 110 Stat. 186

   Redesignated · 10 U.S.C. § 2561(f)

   Pub. L. 104–106, § 1312(6), added subsec. (f). Former subsec. (f) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–106, § 1312(6), added subsec. (f). Former subsec. (f) redesignated (d).

   Enacted provision · exact public law section
   (6) by adding at the end the following new subsection: “(f) Congressional Committees.— The congressional committees referred to in subsections (c)(1) and (d) are the following: “(1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate. “(2) The Committee on National Security and the Committee on International Relations of the House of Representatives.”.

7. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 1312(5) · 110 Stat. 186

   Redesignated · 10 U.S.C. § 2561(g)

   Pub. L. 104–106, § 1312(5), redesignated subsec. (g) as (e)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 104–106, § 1312(5), redesignated subsec. (g) as (e).

   Enacted provision · exact public law section
   (5) by redesignating subsection (g) as subsection (e); and

8. 1999

   Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

   Substituted · 10 U.S.C. § 2561(f)(2)

   Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”

   Source evidence

   Code amendment note
   Subsec. (f)(2). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code.

9. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Changed · 10 U.S.C. § 2561

   Pub. L. 106–398, § 1 [[div. A], title X, § 1033(b)(1)], renumbered section 2551 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 106–398, § 1 [[div. A], title X, § 1033(b)(1)], renumbered section 2551 of this title as this section.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

10. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 2561(c)(3)(C)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1033(c)(1)], substituted “section 2557” for “section 2547”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 106–398, § 1 [[div. A], title X, § 1033(c)(1)], substituted “section 2557” for “section 2547”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title III § 312(d) · 117 Stat. 1392

    1. Amended · 10 U.S.C. § 2561(a)

       Pub. L. 108–136 designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 2561(a)

       Pub. L. 108–136 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (d) Provision of Humanitarian Assistance.— Section 2561(a) of such title is amended— (1) by inserting “(1)” before “To the extent”; and (2) by adding at the end the following new paragraph: “(2) The Secretary of Defense may use the authority provided by paragraph (1) 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. The Secretary may require reimbursement for costs incurred by the Department of Defense to transport supplies under this paragraph.” .

12. 2013

    National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title X § 1076(f)(31) · 126 Stat. 1632

    Substituted · 10 U.S.C. § 2561(f)(2)

    Pub. L. 112–239 substituted “Committee on Foreign Affairs” for “Committee on International Relations”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 112–239 substituted “Committee on Foreign Affairs” for “Committee on International Relations”.

    Enacted provision · exact public law section
    (31) Section 2561(f)(2) is amended by striking “Committee on International Relations” and inserting “Committee on Foreign Affairs”.

13. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 1053(a)(1) · 136 Stat. 2395

    Substituted · 10 U.S.C. § 2561(c)(3)(A)

    Pub. L. 117–263, § 1053(a)(1), substituted “assistance” for “relief”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 117–263, § 1053(a)(1), substituted “assistance” for “relief”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “relief” and inserting “assistance”; and

14. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 1053(a)(2) · 136 Stat. 2395

    1. Added · 10 U.S.C. § 2561(c)(3)(B)(D)

       Pub. L. 117–263, § 1053(a)(2), added subpars. (B) to (D)

    2. Struck · 10 U.S.C. § 2561(c)(3)(B)(D)

       Pub. L. 117–263, § 1053(a)(2), struck out former subpars. (B) and (C) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B) to (D). Pub. L. 117–263, § 1053(a)(2), added subpars. (B) to (D) and struck out former subpars. (B) and (C) which read as follows:

    “(B) The number of scheduled and completed transportation missions for purposes of providing humanitarian assistance under this section. “(C) A description of any transfer of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2557 of this title. The description shall include the date of the transfer, the entity to whom the transfer is made, and the quantity of items transferred.”

    Enacted provision · exact public law section
    (2) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: “(B) A comprehensive list of humanitarian assistance efforts for which support was provided under this section, disaggregated by foreign partner country, amount obligated, and purpose specified in subsection (b). “(C) A description of the manner in which such efforts address— “(i) the humanitarian needs of the foreign partner country; and “(ii) Department of Defense objectives and broader United States national security objectives. “(D) A description of any transfer of nonlethal excess supplies of the Department of Defense made available for humanitarian relief purposes under section 2557 of this title, including, for each such transfer— “(i) the date of the transfer; “(ii) the entity to which the transfer is made; and “(iii) the quantity of items transferred.” .

15. 2024

    Pub. L. 118–159 § 1702(2) · 138 Stat. 2207

    Redesignated · 10 U.S.C. § 2561(c)

    Pub. L. 118–159, § 1702(2), added subsec. (c). Former subsec. (c) redesignated (d)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–159, § 1702(2), added subsec. (c). Former subsec. (c) redesignated (d).

16. 2024

    Pub. L. 118–159 § 1702(1) · 138 Stat. 2207

    1. Redesignated · 10 U.S.C. § 2561(d); 10 U.S.C. § 2561(e)

       Pub. L. 118–159, § 1702(1), (4), redesignated subsecs. (c) and (d) as (d) and (e), respectively

    2. Redesignated · 10 U.S.C. § 2561(d); 10 U.S.C. § 2561(e)

       Pub. L. 118–159, § 1702(1), (4), substituted “subsection (g)” for “subsection (f)”. Former subsec. (e) redesignated (f)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 118–159, § 1702(1), (4), redesignated subsecs. (c) and (d) as (d) and (e), respectively, and substituted “subsection (g)” for “subsection (f)”. Former subsec. (e) redesignated (f).

17. 2024

    Pub. L. 118–159 § 1702(1) · 138 Stat. 2207

    Redesignated · 10 U.S.C. § 2561(f)

    Pub. L. 118–159, § 1702(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 118–159, § 1702(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

18. 2024

    Pub. L. 118–159 § 1702(1) · 138 Stat. 2207

    1. Redesignated · 10 U.S.C. § 2561(g)

       Pub. L. 118–159, § 1702(1), (5), redesignated subsec. (f) as (g)

    2. Substituted · 10 U.S.C. § 2561(g)

       Pub. L. 118–159, § 1702(1), (5), substituted “subsections (c)(1), (d)(1), and (e)” for “subsections (c)(1) and (d)” in introductory provisions

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–159, § 1702(1), (5), redesignated subsec. (f) as (g) and substituted “subsections (c)(1), (d)(1), and (e)” for “subsections (c)(1) and (d)” in introductory provisions.

20 of 26 references resolved to an enrolled provision · 6 unresolved