Medical and Public Health Law Site Department of Defense DIRECTIVE NUMBER 5100.46 December 4, 1975
ASD(ISA) SUBJECT: Foreign Disaster Relief References: (a) DoD Directive 5100.46, "Responsibilities for Foreign Disaster Relief Operations," October 15, 1964 (hereby canceled) 1. REISSUANCE AND PURPOSE This Directive: 1.1. Reissues reference (a) to update Department of Defense (DoD) policy for the employment of its resources in foreign disaster relief operations; and 1.2. Assigns responsibilities for carrying out this policy. Reference (a) is hereby superseded and canceled. 2. APPLICABILITY The provisions of this Directive apply to all components of the Executive Branch that are directly or indirectly responsible to the Secretary of Defense including, but not limited to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, the Defense Agencies, and the Unified and Specified Commands (herein referred to collectively as "DoD Components"). 3. DEFINITIONS 3.1. "Department of State." All components of the Executive Branch which are directly or indirectly responsible to the Secretary of State including, but not limited to, the regional and functional bureaus of the Department of State; agencies such as the Agency for International Development, and State Department offices such as the Office of the Coordinator for Humanitarian Affairs. 3.2. "Foreign Disaster Relief." Prompt aid that can be used to alleviate the suffering of foreign disaster victims. (Normally, it includes humanitarian services and transportation; the provision of food, clothing, medicines, beds and bedding, temporary shelter and housing; the furnishing of medical materiel, medical and technical personnel; and making repairs to essential services.) 3.3. "Foreign Disaster." An act of nature (such as a flood, drought, fire, hurricane, earthquake, volcanic eruption, or epidemic) or an act of man (such as riot, violence, civil strife, explosion, fire, or epidemic) that is or threatens to be of sufficient severity and magnitude to warrant the United States' foreign disaster relief to a foreign country or foreign persons or to an international organization. 4. POLICY 4.1. It is the policy that the DoD Components will participate in foreign disaster relief operations only after a determination is made by the Department of State that foreign disaster relief shall be provided. The Department of State will then send a request to the Assistant Secretary of Defense (International Security Affairs), which indicates:
4.1.1. The country(s), international organizations and/or individuals to be assisted;
4.1.2. The form of assistance requested;
4.1.3. The types and amounts of materiel and services requested;
4.1.4. The amount of funds allocated to the Department of Defense accompanied by symbols showing the chargeable appropriation, allotment, and obligation accounts; and
4.1.5. Such other information as is needed to permit effective participation by the DoD Components in a foreign disaster relief operation. 4.2. Subject to overriding military mission requirements, the Department of Defense, as appropriate, will respond rapidly to Department of State requests as outlined in paragraph 4.1. 4.3. Nothing in this Directive should be construed as preventing a military commander at the immediate scene of a foreign disaster from undertaking prompt relief operations when time is of the essence and when humanitarian considerations make it advisable to do so. The commander should report at once the action taken and request guidance in accordance with the provisions of this Directive. 5. RESPONSIBILITIES 5.1. The Assistant Secretary of Defense (International Security Affairs) (ASD(ISA)) is responsible for:
5.1.1. Determining the action that the Defense Department shall take in response to State Department requests to the Department of Defense for foreign disaster relief.
5.1.2. Informing the Joint Chiefs of Staff (JCS), the Military Departments, and other DoD Components, as appropriate, that funds have been allocated by the Department of State for participation by the DoD Components in a particular foreign disaster relief operation.
5.1.3. Developing policies and procedures in conjunction with other Agencies for use within the Department of Defense for participation in foreign disaster relief operations and assessing the overall effectiveness of these policies and procedures.
5.1.4. Initiating action upon request by the Department of State to acquire information regarding the capability and estimated cost of proposed DoD participation in a foreign disaster relief operation.
5.1.5. Informing the Assistant Secretary of Defense (Comptroller) of the contemplated use of funds or resources for foreign disaster relief operations
5.1.6. Designating a DoD Coordinator for Foreign Disaster Relief who shall:
5.1.6.1. Serve as the DoD point of contact with the Department of State and other Agencies involved in foreign disaster relief.
5.1.6.2. Coordinate DoD matters relating to foreign disaster relief operations.
5.1.6.3. Monitor each foreign disaster relief operation to ensure effective liaison and coordination between the DoD Components and the Department of State and other Agencies involved.
5.1.6.4.
Obtain timely information from State Department officials during specific foreign disaster relief operations, particularly with respect to funds allocated by them for reimbursement to the DoD Components for foreign disaster relief costs.
5.1.6.5. Subject to policy control, act for the Assistant Secretary of Defense for International Security Affairs on other matters relating to foreign disaster relief. 5.2. The Assistant Secretary of Defense (Public Affairs) is responsible for developing, coordinating, and transmitting to the Joint Chiefs of Staff, the Military Departments, the Unified and Specified Commands, and the other DoD Components, policy guidance for public affairs activities in connection with foreign disaster relief. 5.3. The Joint Chiefs of Staff are responsible for:
5.3.1. Upon receipt of a request and funding authorization from the ASD(ISA), directing foreign disaster relief operations by the appropriate DoD Components.
5.3.2. Providing the DoD Coordinator for Foreign Disaster Relief:
5.3.2.1. Copies of implementing instructions;
5.3.2.2. Periodic situation reports that include an estimate of cumulative costs incurred, a description of DoD activities underway, an indication of significant problems encountered, and other pertinent information;
5.3.2.3. An after action assessment that includes lessons learned and recommendations to improve subsequent foreign disaster relief operations; and
5.3.2.4. Other pertinent information concerning on-going disaster relief operations.
5.3.3. Developing in coordination with the appropriate DoD Components and transmitting to the Unified and Specified Commanders instructions concerning the planning for the conduct of operations they may be expected to perform in the event of a foreign disaster.
5.3.4. Making arrangements to ensure that the DoD Coordinator for Foreign Disaster Relief is promptly informed of the location and extent of foreign disasters that may require foreign disaster relief.
5.3.5. Providing information concerning military capabilities to render assistance in a specific foreign disaster and the estimated costs of such assistance. 5.4. The Commanders of the Unified and Specified Commands are responsible for:
5.4.1. Conducting foreign disaster relief operations, as directed by the Joint Chiefs of Staff or higher authority.
5.4.2. Keeping the Joint Chiefs of Staff informed as to details involving actual participation in foreign disaster relief operations. 5.5. The Military Departments are responsible for:
5.5.1. Participating as requested by the ASD(ISA) or the JCS in specific foreign disaster relief operations.
5.5.2. Processing bills and vouchers for reimbursement in accordance with section 7. 5.6. The Other DoD Components are responsible for providing information and assistance, as requested by the ASD(ISA) or the JCS. 5.7. Upon receipt of an appropriate request from the ASD(ISA) or the JCS, the Defense Civil Preparedness Agency (DCPA) shall make available such of its resources for foreign disaster relief operations as the Director, DCPA, determines not to be required for overriding civil defense needs. 6. POINTS OF CONTACT The Assistant Secretaries of Defense (Comptroller), (Health and Environment), (Installations and Logistics), (Intelligence), (Legislative Affairs), (Manpower and Reserve Affairs), (Public Affairs); the DoD General Counsel; the Secretaries of the Military Departments; the Director, Joint Staff; the Director, Defense Civil Preparedness Agency; the Director, Defense Intelligence Agency; the Director, Defense Supply Agency; the Director, Telecommunications and Command and Control Systems; and, other affected DoD Components shall each designate a single point of contact for foreign disaster relief matters and will advise the DoD Coordinator for Foreign Disaster Relief of the name/organization, duty hour and off-duty hour phone number of the point of contact. To facilitate rapid DoD response to requests for foreign disaster relief, each point of contact shall give priority attention to requests for information or assistance on foreign disaster relief matters. This function shall be performed within existing personnel ceilings. 7. REIMBURSEMENT 7.1. Bills and vouchers shall be processed by the Military Departments and forwarded, as requested by the DoD Coordinator for Foreign Disaster Relief, who will arrange to have them aggregated and forwarded to the Department of State for payment. 7.2. When preparing billings for reimbursement of costs incurred, the following guidelines apply:
7.2.1. Materials, supplies, and equipment from stock will be priced at standard prices used for issues to DoD activities, plus applicable accessorial costs for packing, crating, handling, and transportation.
7.2.2. Materials, supplies, and equipment determined to be excess to the Department of Defense will be available for transfer to the Department of State without reimbursement, in accordance with established DoD policies. Accessorial charges for packing, crating, handling, and transportation will be added where applicable.
7.2.3. Air and ocean transportation services performed by the Military Airlift Command (MAC) and the Military Sealift Command (MSC) will be priced, where applicable, at current tariff rates for the DoD Components. Where tariff rates are not applicable, air transportation, whether provided by MAC or other aircraft, will be priced at the "Common-User Flying-Hour," rate for each type of aircraft involved and ocean transportation provided by MSC will be priced at "Ship Per Diem Rates."
7.2.4. Services furnished by activities under DoD Industrial Funds other than MAC and MSC will be priced to recover direct and indirect costs applicable to reimbursements for services rendered to other DoD activities.
7.2.5. Personal services furnished will be priced at rates to recover:
7.2.5.1. Actual salaries of civilian personnel, plus the prescribed DoD percentage factor to cover holidays, leave, and other fringe benefits; and
7.2.5.2. Actual per diem, travel, and subsistence expenses for both civilian and military personnel.
7.2.6. All other services furnished, not specifically covered above, shall be priced on a mutually agreeable basis and, if feasible, such prices shall be established prior to the services being furnished. Prices for such services shall be at the same rates that the Department of Defense would charge other Government Agencies for similar or like services if such rates are available; otherwise the basis of pricing will be to effect full reimbursement to the Department of Defense appropriations for "out-of-pocket" expenses. 8. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective immediately. Two copies of the implementing instructions shall be forwarded to the Assistant Secretary of Defense (International Security Affairs) within 90 days.
DoD Directives
