--- kind: "section" citation: "10 U.S.C. § 402" title: "10" title_heading: "Armed Forces" number: "402" heading: "Transportation of humanitarian relief supplies to foreign countries" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/402" units: - "Subtitle A — General Military Law" - "Part I — Organization and General Military Powers" - "Chapter 20 — Humanitarian and Other Assistance" --- # §402. Transportation of humanitarian relief supplies to foreign countries - (a) Notwithstanding any other provision of law, and subject to [subsection (b)](#b), the [Secretary](/usc/10/4951.md?p=3) of Defense may transport to any country, without charge, [supplies](/usc/10/3011.md?p=8) which have been furnished by a nongovernmental source and which are intended for humanitarian assistance. Such [supplies](/usc/10/3011.md?p=8) may be transported only on a space available basis. - (b) - (1) The [Secretary](/usc/10/4951.md?p=3) may not transport [supplies](/usc/10/3011.md?p=8) under [subsection (a)](#a) unless the [Secretary](/usc/10/4951.md?p=3) determines that— - (A) the transportation of such [supplies](/usc/10/3011.md?p=8) is consistent with the foreign policy of the [United States](/usc/10/101.md?p=a-1); - (B) the [supplies](/usc/10/3011.md?p=8) to be transported are suitable for humanitarian purposes and are in usable condition; - (C) there is a legitimate humanitarian need for such [supplies](/usc/10/3011.md?p=8) by the people or entity for whom they are intended; - (D) the [supplies](/usc/10/3011.md?p=8) will in fact be used for humanitarian purposes; and - (E) adequate arrangements have been made for the distribution or use of such [supplies](/usc/10/3011.md?p=8) in the destination country. - (2) The President shall establish procedures for making the determinations required under [paragraph (1)](#b-1). Such procedures shall include inspection of [supplies](/usc/10/3011.md?p=8) before acceptance for transport. - (3) It shall be the responsibility of the entity requesting the transport of [supplies](/usc/10/3011.md?p=8) under this section to ensure that the [supplies](/usc/10/3011.md?p=8) are suitable for transport. - (c) - (1) [Supplies](/usc/10/3011.md?p=8) transported under this section may be distributed by an [agency](/usc/10/3451.md?p=3) of the [United States](/usc/10/101.md?p=a-1) Government, a foreign government, an international organization, or a private nonprofit relief organization. - (2) [Supplies](/usc/10/3011.md?p=8) transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization engaged in a [military](/usc/10/801.md?p=8) or paramilitary activity. - (d) - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may use the authority provided by [subsection (a)](#a) to transport [supplies](/usc/10/3011.md?p=8) 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](/usc/10/2700.md?p=2), but only if other sources to provide such transportation are not readily available. - (2) Notwithstanding [subsection (a)](#a), the [Secretary](/usc/10/4951.md?p=3) of Defense may require reimbursement for costs incurred by the [Department](/usc/10/101.md?p=a-6) of Defense to transport [supplies](/usc/10/3011.md?p=8) under this subsection. - (e) Not later than July 31 each year, the Secretary of State shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives a report identifying the origin, contents, destination, and disposition of all [supplies](/usc/10/3011.md?p=8) transported under this section during the 12-month period ending on the preceding June 30. ## Source credit (Added Pub. L. 100–180, div. A, title III, § 332(a), Dec. 4, 1987, 101 Stat. 1079; amended Pub. L. 101–510, div. A, title XIII, § 1311(2), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 104–106, div. A, title XV, § 1502(a)(8), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–136, div. A, title III, § 312(a), (b), Nov. 24, 2003, 117 Stat. 1429.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 402 was renumbered section 401(b) of this title. ### Amendments 2003—Subsec. (b)(1)(C). Pub. L. 108–136, § 312(b)(1), inserted “or entity” after “people”. Subsec. (b)(1)(E). Pub. L. 108–136, § 312(b)(2), inserted “or use” after “distribution”. Subsec. (b)(3). Pub. L. 108–136, § 312(b)(3), substituted “entity requesting the transport of supplies under this section to ensure that the supplies” for “donor to ensure that supplies to be transported under this section”. Subsecs. (d), (e). Pub. L. 108–136, § 312(a), added subsec. (d) and redesignated former subsec. (d) as (e). 1999—Subsec. (d). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (d). Pub. L. 104–106 substituted “Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations” for “Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs”. 1990—Subsec. (d). Pub. L. 101–510 substituted “Not later than July 31 each year” for “At the end of each six-month period” and “the 12-month period ending on the preceding June 30” for “such six-month period”. ### Statutory Notes and Related Subsidiaries ### Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. ### Processing of Applications for Transportation of Humanitarian Assistance Abroad by Department of Defense Pub. L. 106–309, title IV, § 403, Oct. 17, 2000, 114 Stat. 1097, provided that: Priority for Disaster Relief Assistance.—In processing applications for the transportation of humanitarian assistance abroad under section 402 of title 10, United States Code, the Administrator of the United States Agency for International Development shall afford a priority to applications for the transportation of disaster relief assistance. Modification of Applications.—The Administrator of the United States Agency for International Development shall take all possible actions to assist applicants for the transportation of humanitarian assistance abroad under such section 402 in modifying or completing applications submitted under such section in order to meet applicable requirements under such section. The actions shall include efforts to contact such applicants for purposes of the modification or completion of such applications.” ### First Report Deadline Pub. L. 100–180, div. A, title III, § 332(d), Dec. 4, 1987, 101 Stat. 1080, directed that first report under section 402(d) of this title be submitted not more than six months after the date on which the most recent report was submitted under section 1540(e) of the Department of Defense Authorization Act, 1985 (Pub. L. 98–525; 98 Stat. 2638). ### Executive Documents ### Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse.