§ 2561 — Humanitarian Assistance

(1) 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. (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. (b) To the extent provided in appropriation Acts, funds appropriated for humanitarian assistance for the purposes of this section shall remain available until expended. (1) If the Secretary of Defense uses the authority under subsection (a) to provide assistance for any program or activity in an amount in excess of $5,000,000, the Secretary shall provide to the congressional committees specified in subsection (g) notice in writing of the use of such authority in accordance with paragraph (2). Notice under this subsection shall include an identification of each of the following: (A) The amount, type, and purpose of assistance to be provided and the recipient of the assistance. (B) The goals and objectives of the assistance. (C) The number and role of any members of the Armed Forces involved in the provision of the assistance. (D) Any other information the Secretary determines is relevant. (2) Notice required under paragraph (1) shall be provided— (A) before the provision of assistance under subsection (a) using funds authorized to be appropriated to the Department of Defense for a fiscal year for humanitarian assistance; or (B) not later than 48 hours after the provision of such assistance, if the Secretary determines that extraordinary circumstances that affect the national security interests of the United States exist. (1) The Secretary of Defense shall submit to the congressional committees specified in subsection (g) 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 assistance under this section. (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. (e) 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 congressional committees specified in subsection (g) and the Committees on Appropriations of the Senate and 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. (f) 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. (g) The congressional committees referred to in subsections (c)(1), (d)(1), and (e) are the following: (1) The Committee on Armed Services and the Committee on Foreign Relations of the Senate. (2) The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.