Moving donated supplies and responding to a disaster

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1. Two programs for other people's cargo

A private American charity with goods to send abroad can, in defined circumstances, have the Department of Defense move them. Two programs do this. "The Funded Transportation Program (FTP) offers DoD-funded transport of privately-donated cargo to a foreign country. The Denton Program offers transport of approved privately-donated cargo on U.S. military assets (organic or contracted) to foreign countries on a space-available or opportune basis" (SAMM C12.7.1).

The second of those rests on a short statutory power. The Secretary "may transport to any country, without charge, supplies which have been furnished by a nongovernmental source and which are intended for humanitarian assistance", and such supplies "may be transported only on a space available basis" (10 U.S.C. 402(a)).

Both can stop without notice. The transportation programs may be suspended to any country affected by a disaster until government disaster response operations have ceased (SAMM C12.7.1).

2. Who qualifies at each end

The rules describe both ends of the movement. Donors must be non-governmental organizations based in the United States. Donations must meet the humanitarian assistance criteria and be intended to benefit the civilian population. Recipients in the partner's territory must be non-governmental organizations or partner government entities (SAMM C12.7.2).

Two uses are ruled out. "Donated goods may not be used for commercial purposes or distributed to military or paramilitary personnel" (SAMM C12.7.2). The statute puts the same limit on distribution (10 U.S.C. 402(c)(2)).

The named consignee carries the weight. The donor identifies a recipient organization or partner government official who also serves as consignee, and that consignee must be qualified to receive and distribute the cargo. Absent prior approval, cargo cannot be received by the American embassy in country or by a partner military or paramilitary organization (SAMM C12.7.4.1).

3. What each program will actually carry

The two differ in mode, in packaging and in what they refuse (SAMM C12.7.2):

• Mode. The funded program moves cargo on a contracted ocean carrier. The space available program moves it on Department assets.
• Timing. Both estimate 45 to 120 days after an application is approved, with the funded program adding the condition that funding is available.
• Unit. The funded program ships in 20 or 40 foot sea containers. The space available program ships on heat treated wooden pallets.
• Vehicles. "Vehicles not authorized" on the funded program. On the space available program they are, provided they carry less than half a tank of fuel, are in sound condition with no leaks and sound tires, and are certified on an inspection form.

Dimensions are treated as hard limits rather than guidance. The manual states for both that dimension restrictions are firm and that exceptions may be granted only by prior approval on a case by case basis (SAMM C12.7.2).

4. The application, and what cannot be changed later

Donors register on a dedicated site and submit an application for each shipment, uploading the supporting documentation (SAMM C12.7.4). A donor may not have more than one open application at a time, other than under a status described below.

The application freezes on submission. "Donors cannot add new items to the inventory, increase shipment weight, or make other changes to an application after it is submitted" (SAMM C12.7.4.2).

Each application is coordinated with the combatant command and the Department of State before approval, and commands consult the embassy defense office in the partner country before responding (SAMM C12.7.4.3).

Approval means less than it appears to. It indicates that the cargo and the recipient comply with the legal and policy guidance for these activities, and the manual then adds: "Approval is not a guarantee that requested DoD transportation will be provided" (SAMM C12.7.4.4).

5. When a disaster happens

Disaster relief runs on a separate authority. "The President may direct the Secretary of Defense to provide disaster assistance outside the United States to respond to manmade or natural disasters when necessary to prevent loss of lives or serious harm to the environment" (10 U.S.C. 404(a)).

Three routes open that door and no others. Assistance is provided only at the direction of the President, with the concurrence of the Secretary of State, or in emergency situations in order to save human lives (SAMM C12.8.1).

What the Department contributes is deliberately bounded. Relief activities "are limited to provision of unique DoD capabilities relating to logistics, transportation, and security" (SAMM C12.8.1). It is not a general relief agency, and in most instances approval follows a disaster declaration and a request from the Department of State.

6. Acting before anyone has approved anything

Commanders near a disaster may move first. Those with assigned forces at or near the immediate scene may take prompt action to save human lives, using authorities and funds already available to them. The manual directs them to obtain the concurrence of the partner government and the chief of mission before committing forces (SAMM C12.8.2).

One thing they may not do is give anything away. In taking prompt action, commanders may use or pre-position their own resources, "but may not transfer equipment or supplies to a partner unless they have a specific transfer authority to do so" (SAMM C12.8.2).

The window is short and it is measured in hours. Combatant commands "shall follow up as soon as possible, but no later than 72 hours after the start of relief operations (life-saving assistance), to secure SECDEF or Deputy SECDEF approval for continuing assistance" (SAMM C12.8.2).

Reimbursement for that first phase is not automatic either. A command may seek approval for the incidental cost of prompt action by writing within 30 days of the life-saving activity ending, and reimbursement may be limited by the funds available (SAMM C12.8.2).

7. Who leads, when the response is bigger than the Department

The Department is not the lead agency. The State Department bureau responsible for population, refugee and migration matters is the lead federal agency for American foreign disaster relief efforts, acting as liaison between the organizations involved and the international community (SAMM C12.8.3).

A response usually begins with a cable rather than a movement order. Where an affected partner requests or is willing to accept assistance, the American ambassador may issue a declaration of humanitarian need to prompt a government response (SAMM C12.8.3.1).

Airlift for ordinary humanitarian cargo is treated as the exception rather than the tool of choice. Absent prior approval, Department airlift of purchased humanitarian cargo is limited to approved disaster relief activities, and requests to use it for project execution "should be rare and limited to only those occasions that are clearly justified by the circumstances" (SAMM C12.3.7.5.3).

Key terms

HATP	Humanitarian assistance transportation programs, the pair covering donated cargo. SAMM C12.7.1.
Denton Program	Space available movement of donated cargo on Department assets, under 10 U.S.C. 402.
FTP	Funded Transportation Program, using a contracted ocean carrier.
Consignee	The named recipient qualified to receive and distribute the donated cargo. SAMM C12.7.4.1.
DHN	Declaration of humanitarian need, the ambassador's cable that prompts a response. SAMM C12.8.3.1.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Donated cargo and disaster relief both end with something arriving somewhere difficult, often at short notice. Sentfore works at that end, providing secure movement, protective security, accommodation and site support in complex environments. Its principals have worked on overseas defense and security programs. Requirements can be sent through the contact page.