Foreign Disaster Assistance

This executive order delegates presidential authority under a new statute (10 U.S.C. § 404) to the Secretary of Defense for providing foreign disaster assistance, establishing procedural controls requiring presidential direction or State Department concurrence, with limited emergency exceptions. It specifies coordination requirements with USAID and took effect immediately after midnight on July 15, 1995.

Federal Register Open PDF 60 FR 36949

Impact dates

Jul 15, 1995
EO effective at 12:01 a.m. EDT

Key directives

Secretary of Defense directed to provide foreign disaster assistance when necessary to prevent loss of lives (10 U.S.C. 404(a))
Secretary of Defense to exercise presidential notification functions under 10 U.S.C. 404(c)
Assistance only at presidential direction, with State Department concurrence, or in emergency life-saving situations with subsequent State concurrence
Only Secretary of State, Deputy Secretary, or acting officials may withhold concurrence
Secretary of Defense shall consult with USAID Administrator as President's Special Coordinator for International Disaster Assistance
State concurrence not required for military operations execution or DOD internal financial processes

Who is ordered

Timeline

Immediate

EO effective July 15, 1995 at 12:01 a.m. EDT
Secretary of Defense authorized to provide foreign disaster assistance under delegated authority

Near term (90d)

Implementation of notification procedures under 10 U.S.C. 404(c)
Establishment of coordination protocols with USAID Administrator

Long term

Ongoing framework for U.S. military foreign disaster response
Institutionalized State-Defense coordination mechanism for humanitarian assistance

Risks & tensions

Emergency exception (Sec. 2(c)) creates inherent tension between rapid response and interagency coordination; 'as soon as practicable' leaves timing undefined
State concurrence authority concentrated at top levels (Secretary/Deputy only) may create bottlenecks during crises
Exemption for 'military operations execution' from State concurrence preserves operational security but may blur civilian-military coordination lines
Statutory basis (NDAA FY1995, P.L. 103-337) suggests Congressionally-mandated delegation; EO implements rather than creates authority