10 U.S. Code § 407 - Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations

§ 407.

Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations

(a)Authority.—

(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may carry out humanitarian demining assistance and stockpiled conventional munitions assistance in a country if the Secretary concerned determines that the assistance will promote either—

(A)

the security interests of both the United States and the country in which the activities are to be carried out; or

(B)

the specific operational readiness skills of the members of the armed forces who participate in the activities.

(2)

Humanitarian demining assistance and stockpiled conventional munitions assistance under this section shall complement, and may not duplicate, any other form of social or economic assistance which may be provided to the country concerned by any other department or agency of the United States.

(3) The Secretary of Defense shall ensure that no member of the armed forces, while providing humanitarian demining assistance or stockpiled conventional munitions assistance under this section—

(A)

engages in the physical detection, lifting, or destroying of landmines or other explosive remnants of war, or stockpiled conventional munitions, as applicable (unless the member does so for the concurrent purpose of supporting a United States military operation); or

(B)

provides such assistance as part of a military operation that does not involve the armed forces.

(b)Limitations.—

(1)

Humanitarian demining assistance and stockpiled conventional munitions assistance may not be provided under this section unless the Secretary of State specifically approves the provision of such assistance.

(2)

Any authority provided under any other provision of law to provide humanitarian demining assistance or stockpiled conventional munitions assistance to a foreign country shall be carried out in accordance with, and subject to, the limitations prescribed in this section.

(c)Expenses.—

(1)

Expenses incurred as a direct result of providing humanitarian demining assistance or stockpiled conventional munitions assistance under this section to a foreign country shall be paid for out of funds specifically appropriated for the purpose of the provision by the Department of Defense of overseas humanitarian assistance.

(2) Expenses covered by paragraph (1) include the following:

(A)

Travel, transportation, and subsistence expenses of Department of Defense personnel providing such assistance.

(B)

The cost of any equipment, services, or supplies acquired for the purpose of carrying out or supporting humanitarian demining activities or stockpiled conventional munitions activities, including any nonlethal, individual, or small-team equipment or supplies for clearing landmines or other explosive remnants of war, or stockpiled conventional munitions, as applicable, that are to be transferred or otherwise furnished to a foreign country in furtherance of the provision of assistance under this section.

(3)

The cost of equipment, services, and supplies provided in any fiscal year under this section may not exceed $15,000,000.

(d)Annual Report.—The Secretary of Defense shall include in the annual report under section 401 of this title a separate discussion of activities carried out under this section during the preceding fiscal year, including—

(1)

a list of the countries in which humanitarian demining assistance or stockpiled conventional munitions assistance was carried out during the preceding fiscal year;

(2)

the type and description of humanitarian demining assistance or stockpiled conventional munitions assistance carried out in each country during the preceding fiscal year, as specified in paragraph (1), and whether such assistance was primarily related to the humanitarian demining efforts or stockpiled conventional munitions assistance;

(3)

a list of countries in which humanitarian demining assistance or stockpiled conventional munitions assistance could not be carried out during the preceding fiscal year due to insufficient numbers of Department of Defense personnel to carry out such activities or insufficient funding;

(4)

the amount expended in carrying out such assistance in each such country during the preceding fiscal year; and

(5)

a description of interagency efforts to coordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clearance methods, including the transfer of relevant counter-improvised explosive device technology with potential humanitarian demining applications.

(e)Definitions.—In this section:

(1)

The term “humanitarian demining assistance”, as it relates to training and support, means detection and clearance of landmines and other explosive remnants of war, and includes activities related to the furnishing of education, training, and technical assistance with respect to explosive safety, the detection and clearance of landmines and other explosive remnants of war, and the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance.

(2)

The term “stockpiled conventional munitions assistance”, as it relates to the support of humanitarian assistance efforts, means training and support in the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems. Such term includes activities related to the furnishing of education, training, and technical assistance with respect to explosive safety, the detection and clearance of landmines and other explosive remnants of war, and the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems.

(Added Pub. L. 109–364, div. A, title XII, § 1203(b)(1), Oct. 17, 2006, 120 Stat. 2413; amended Pub. L. 112–81, div. A, title X, § 1092(a), (b)(1), Dec. 31, 2011, 125 Stat. 1605, 1606; Pub. L. 113–66, div. A, title X, § 1083, Dec. 26, 2013, 127 Stat. 871; Pub. L. 113–291, div. A, title X, §§ 1041, 1071(f)(5), Dec. 19, 2014, 128 Stat. 3492, 3510; Pub. L. 114–328, div. A, title X, § 1082, Dec. 23, 2016, 130 Stat. 2420.)

Amendments

2016—Subsec. (c)(3). Pub. L. 114–328 substituted “$15,000,000” for “$10,000,000”.

2014—Subsec. (a)(3)(A). Pub. L. 113–291, § 1071(f)(5), struck out comma after “as applicable”.

Subsec. (d)(3). Pub. L. 113–291, § 1041(a), inserted “or insufficient funding” after “such activities”.

Subsec. (e)(2). Pub. L. 113–291, § 1041(b), substituted “small arms, and light weapons, including man-portable air-defense systems. Such term includes” for “and includes” and inserted before period at end “, small arms, and light weapons, including man-portable air-defense systems”.

2013—Subsec. (d)(5). Pub. L. 113–66 added par. (5).

2011—Pub. L. 112–81, § 1092(b)(1), amended section catchline generally, substituting “Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations” for “Humanitarian demining assistance: authority; limitations”.

Subsec. (a)(1). Pub. L. 112–81, § 1092(a)(1)(A), inserted “and stockpiled conventional munitions assistance” after “humanitarian demining assistance” in introductory provisions.

Subsec. (a)(2). Pub. L. 112–81, § 1092(a)(1)(B), inserted “and stockpiled conventional munitions assistance” after “Humanitarian demining assistance”.

Subsec. (a)(3). Pub. L. 112–81, § 1092(a)(1)(C)(i), inserted “or stockpiled conventional munitions assistance” after “humanitarian demining assistance” in introductory provisions.

Subsec. (a)(3)(A). Pub. L. 112–81, § 1092(a)(1)(C)(ii), inserted “, or stockpiled conventional munitions, as applicable,” after “explosive remnants of war”.

Subsec. (b)(1). Pub. L. 112–81, § 1092(a)(2)(A), which directed amendment by inserting “and stockpiled conventional munitions assistance” after “humanitarian demining assistance”, was executed by making the insertion after “Humanitarian demining assistance” to reflect the probable intent of Congress.

Subsec. (b)(2). Pub. L. 112–81, § 1092(a)(2)(B), inserted “or stockpiled conventional munitions assistance” after “humanitarian demining assistance”.

Subsec. (c)(1). Pub. L. 112–81, § 1092(a)(3)(A), inserted “or stockpiled conventional munitions assistance” after “humanitarian demining assistance”.

Subsec. (c)(2)(B). Pub. L. 112–81, § 1092(a)(3)(B), inserted “or stockpiled conventional munitions activities” after “humanitarian demining activities” and inserted “, or stockpiled conventional munitions, as applicable,” after “explosive remnants of war”.

Subsec. (d). Pub. L. 112–81, § 1092(a)(4)(A), inserted “or stockpiled conventional munitions assistance” after “humanitarian demining assistance” wherever appearing.

Subsec. (d)(2). Pub. L. 112–81, § 1092(a)(4)(B), inserted “, and whether such assistance was primarily related to the humanitarian demining efforts or stockpiled conventional munitions assistance” after “paragraph (1)”.

Subsec. (e). Pub. L. 112–81, § 1092(a)(5), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “In this section, the term ‘humanitarian demining assistance’, as it relates to training and support, means detection and clearance of landmines and other explosive remnants of war, including activities related to the furnishing of education, training, and technical assistance with respect to the detection and clearance of landmines and other explosive remnants of war.”

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Authority To Transfer Surplus Mine-Resistant Ambush-Protected Vehicles and Spare Parts

Pub. L. 112–239, div. A, title X, § 1053, Jan. 2, 2013, 126 Stat. 1937, provided that:

“(a)Authority.—

The Secretary of Defense is authorized to transfer surplus Mine-Resistant Ambush-Protected vehicles, including spare parts for such vehicles, to non-profit United States humanitarian demining organizations for purposes of demining activities and training of such organizations.

“(b)Terms and Conditions.—Any transfer of vehicles or spare parts under subsection (a) shall be subject to the following terms and conditions:

“(1)

The transfer shall be made on a loan basis.

“(2)

The costs of operation and maintenance of the vehicles shall be borne by the recipient organization.

“(3)

Any other terms and conditions as the Secretary of Defense determines to be appropriate.

“(c)Notification.—

The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] in writing not less than 60 days before making any transfer of vehicles or spare parts under subsection (a). Such notification shall include the name of the organization, the number and model of the vehicle to be transferred, a listing of any spare parts to be transferred, and any other information the Secretary considers appropriate.”

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