Page:United States Statutes at Large Volume 101 Part 2.djvu/93

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1079

House of Representatives two reports, one of which shall be submitted not later than 60 days after the date of the enactment of this Act and the other not later than June 1, 1988. Each such report shall contain (as of the date on which the report is submitted) the following information: (1) The total amount of funds obligated for humanitarian relief under this section and section 331 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat. 3856). (2) The number of scheduled and completed flights for purposes of providing humanitarian relief under this section and section 331 of such Act. (3) A description of any transfer (including to whom the transfer is made) of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of title 10, United States Code. SEC. 332. EXTENSION AND CODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO TRANSPORT HUMANITARIAN RELIEF SUPPLIES TO FOREIGN COUNTRIES

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section: "§ 402. Transportation of humanitarian relief supplies to foreign 10 USC 402. countries "(a) Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies which have been furnished by a nongovernmental source and which are intended for humanitarian assistance. Such supplies may be transported only on a space available basis. "(b)(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that— "(A) the transportation of such supplies is consistent with the foreign policy of the United States; "(B) the supplies to be transported are suitable for humanitarian purposes and are in usable condition; "(C) there is a legitimate humanitarian need for such supplies by the people for whom they are intended; "(D) the supplies will in fact be used for humanitarian purposes; and "(E) adequate arrangements have been made for the distribution of such supplies in the destination country. "(2) The President shall establish procedures for making the President of U.S. determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport. "(3) It shall be the responsibility of the donor to ensure that supplies to be transported under this section are suitable for transport. "(c)(1) Supplies transported under this section may be distributed by an agency of the United States Government, a foreign government, an international organization, or a private nonprofit relief ^ M'5 organization. (2) Supplies transported under this section may not be distributed, directly or indirectly, to any individual, group, or organization engaged in a military or paramilitary activity.

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