10 U.S. Code § 404 - Foreign disaster assistance
A prior section 404 was renumbered section 401(d) of this title.
2003—Subsec. (a). Pub. L. 108–136, § 312(c)(1), inserted “or serious harm to the environment” after “loss of lives”.
Subsec. (c)(2). Pub. L. 108–136, § 312(c)(2), inserted “or the environment” after “human lives”.
Subsec. (e). Pub. L. 108–136, § 312(c)(3), added subsec. (e).
Ex. Ord. No. 12966, July 14, 1995, 60 F.R. 36949, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Defense Authorization Act for Fiscal Year 1995, Public Law 103–337 (the “Act”) [see Tables for classification] and section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. This order governs the implementation of section 404 of title 10, United States Code, as added by amendment set forth in section 1412(a) of the Act. Pursuant to 10 U.S.C. 404(a), the Secretary of Defense is hereby directed to provide disaster assistance outside the United States to respond to manmade or natural disasters when the Secretary of Defense determines that such assistance is necessary to prevent loss of lives. The Secretary of Defense shall exercise the notification functions required of the President by 10 U.S.C. 404(c).
Sec. 2. The Secretary of Defense shall provide disaster assistance only: (a) at the direction of the President; or
(b) with the concurrence of the Secretary of State; or
(c) in emergency situations in order to save human lives, where there is not sufficient time to seek the prior initial concurrence of the Secretary of State, in which case the Secretary of Defense shall advise, and seek the concurrence of, the Secretary of State as soon as practicable thereafter.
For the purpose of section 2(b) of this order, only the Secretary of State, or the Deputy Secretary of State, or persons acting in those capacities, shall have the authority to withhold concurrence. Concurrence of the Secretary of State is not required for the execution of military operations undertaken pursuant to, and consistent with, assistance provided in accordance with parts (b) and (c) of this section, or with respect to matters relating to the internal financial processes of the Department of Defense.
Sec. 3. In providing assistance covered by this order, the Secretary of Defense shall consult with the Administrator of the Agency for International Development, in the Administrator’s capacity as the President’s Special Coordinator for International Disaster Assistance.
Sec. 4. This order does not affect any activity or program authorized under any other provision of law, except that referred to in section 1 of this order.
Sec. 5. This order is effective at 12:01 a.m., e.d.t. on July 15, 1995.
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