10 U.S.C. § 2013 — Training at non-Government facilities

Page 1647 TITLE 10—ARMED FORCES § 2013 (2) as subpars. (A) and (B), respectively, of par. (1), in- serted ‘‘, except as provided in paragraph (2),’’ before ‘‘for response’’ in subpar. (A), and added par. (2). 2022—Subsec. (h)(3). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 U.S.C. App.)’’. 2021—Subsec. (e)(3), (4). Pub. L. 117–81, § 1512(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (f)(5). Pub. L. 117–81, § 1512(2), added par. (5). 1998—Subsec. (j). Pub. L. 105–261 added subsec. (j). 1997—Subsecs. (g) to (i). Pub. L. 105–85 added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. Statutory Notes and Related Subsidiaries IMPLEMENTATION Pub. L. 105–261, div. A, title V, § 525(b), Oct. 17, 1998, 112 Stat. 2014, as amended by Pub. L. 106–65, div. A, title X, § 1066(b)(4), Oct. 5, 1999, 113 Stat. 772, provided that: ‘‘The Secretary of Defense may not initiate any project under section 2012 of title 10, United States Code, after October 1, 1998, until the program required by sub- section (j) of that section (as added by subsection (a)) has been established.’’ TERMINATION OF FUNDING FOR OFFICE OF CIVIL-MILI- TARY PROGRAMS IN OFFICE OF THE SECRETARY OF DEFENSE Pub. L. 104–106, div. A, title V, § 574, Feb. 10, 1996, 110 Stat. 356, provided that: ‘‘No funds may be obligated or expended after the date of the enactment of this Act [Feb. 10, 1996] (1) for the office that as of the date of the enactment of this Act is designated, within the Office of the Assistant Secretary of Defense for Reserve Af- fairs [now Assistant Secretary of Defense for Manpower and Reserve Affairs], as the Office of Civil-Military Programs, or (2) for any other entity within the Office of the Secretary of Defense that has an exclusive or principal mission of providing centralized direction for activities under section 2012 of title 10, United States Code, as added by section 572.’’ § 2013. Training at non-Government facilities (a) AUTHORITY TO ENTER INTO AGREEMENTS.— (1) The Secretary concerned, without regard to section 6101 of title 41, may make agreements or other arrangements for the training of members of the uniformed services under the jurisdiction of that Secretary by, in, or through non-Govern- ment facilities. (2) In this section, the term ‘‘non-Government facility’’ means any of the following: (A) The government of a State or of a terri- tory or possession of the United States, in- cluding the Commonwealth of Puerto Rico, an interstate governmental organization, and a unit, subdivision, or instrumentality of any of the foregoing. (B) A foreign government or international organization, or instrumentality of either, which is designated by the President as eligi- ble to provide training under this section. (C) A medical, scientific, technical, edu- cational, research, or professional institution, foundation, or organization. (D) A business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization. (E) Individuals other than civilian or mili- tary personnel of the Government. (F) The services and property of any of the foregoing providing the training. (b) EXPENSES.—The Secretary concerned, from appropriations or other funds available to the Secretary, may— (1) pay all or a part of the pay of a member of a uniformed service who is selected and as- signed for training under this section, for the period of training; and (2) pay, or reimburse the member of a uni- formed service for, all or a part of the nec- essary expenses of the training (without re- gard to subsections (a) and (b) of section 3324 of title 31), including among those expenses the necessary costs of the following: (A) Travel and per diem instead of subsist- ence under sections 405 and 452 of title 37 and the Joint Travel Regulations for the Uni- formed Services. (B) Transportation of immediate family, household goods and personal effects, pack- ing, crating, temporarily storing, draying, and unpacking under sections 452 and 453(c) of title 37 and the Joint Travel Regulations for the Uniformed Services when the esti- mated costs of transportation and related services are less than the estimated aggre- gate per diem payments for the period of training. (C) Tuition and matriculation fees. (D) Library and laboratory services. (E) Purchase or rental of books, materials, and supplies. (F) Other services or facilities directly re- lated to the training of the member. (c) CERTAIN EXPENSES EXCLUDED.—The ex- penses of training do not include membership fees except to the extent that the fee is a nec- essary cost directly related to the training itself or that payment of the fee is a condition prece- dent to undergoing the training. (Added Pub. L. 104–201, div. A, title III, § 362(a)(1), Sept. 23, 1996, 110 Stat. 2491; amended Pub. L. 111–350, § 5(b)(2), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 113–291, div. A, title X, § 1071(a)(1), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 117–263, div. A, title VI, § 626(c)(6), Dec. 23, 2022, 136 Stat. 2628.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(2)(A). Pub. L. 117–263, § 626(c)(6)(A), substituted ‘‘sections 405 and 452’’ for ‘‘sections 474 and 475’’. Subsec. (b)(2)(B). Pub. L. 117–263, § 626(c)(6)(B), sub- stituted ‘‘sections 452 and 453(c)’’ for ‘‘sections 476 and 479’’. 2014—Subsec. (a)(1). Pub. L. 113–291 substituted ‘‘sec- tion 6101 of title 41’’ for ‘‘section 6101(b)–(d) of title 41’’. 2013—Subsec. (b)(2)(A), (B). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (a)(1). Pub. L. 111–350 substituted ‘‘sec- tion 6101(b)–(d) of title 41’’ for ‘‘section 3709 of the Re- vised Statutes (41 U.S.C. 5)’’. Subsec. (b)(2)(A), (B). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘474’’ for ‘‘404’’ and ‘‘475’’ for ‘‘405’’ in subpar. (A), and ‘‘476’’ for ‘‘406’’ and ‘‘479’’ for ‘‘409’’ in subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by Page 1648 TITLE 10—ARMED FORCES § 2014 section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE Pub. L. 104–201, div. A, title III, § 362(b), Sept. 23, 1996, 110 Stat. 2493, provided that: ‘‘Section 2013 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1996.’’ § 2014. Administrative actions adversely affecting military training or other readiness activi- ties (a) CONGRESSIONAL NOTIFICATION.—Whenever an official of an Executive agency takes or pro- poses to take an administrative action that, as determined by the Secretary of Defense in con- sultation with the Chairman of the Joint Chiefs of Staff, affects training or any other readiness activity in a manner that has or would have a significant adverse effect on the military readi- ness of any of the armed forces or a critical component thereof, the Secretary shall submit a written notification of the action and each sig- nificant adverse effect to the head of the Execu- tive agency taking or proposing to take the ad- ministrative action. At the same time, the Sec- retary shall transmit a copy of the notification to the President, the Committee on Armed Serv- ices of the Senate, and the Committee on Armed Services of the House of Representatives. (b) NOTIFICATION TO BE PROMPT.—(1) Subject to paragraph (2), the Secretary shall submit a written notification of an administrative action or proposed administrative action required by subsection (a) as soon as possible after the Sec- retary becomes aware of the action or proposed action. (2) The Secretary shall prescribe policies and procedures to ensure that the Secretary receives information on an administrative action or pro- posed administrative action described in sub- section (a) promptly after Department of De- fense personnel receive notice of such an action or proposed action. (c) CONSULTATION BETWEEN SECRETARY AND HEAD OF EXECUTIVE AGENCY.—Upon notification with respect to an administrative action or pro- posed administrative action under subsection (a), the head of the Executive agency concerned shall— (1) respond promptly to the Secretary; and (2) consistent with the urgency of the train- ing or readiness activity involved and the pro- visions of law under which the administrative action or proposed administrative action is being taken, seek to reach an agreement with the Secretary on immediate actions to attain the objective of the administrative action or proposed administrative action in a manner which eliminates or mitigates the adverse ef- fects of the administrative action or proposed administrative action upon the training or readiness activity. (d) MORATORIUM.—(1) Subject to paragraph (2), upon notification with respect to an administra- tive action or proposed administrative action under subsection (a), the administrative action or proposed administrative action shall cease to be effective with respect to the Department of Defense until the earlier of— (A) the end of the five-day period beginning on the date of the notification; or (B) the date of an agreement between the head of the Executive agency concerned and the Secretary as a result of the consultations under subsection (c). (2) Paragraph (1) shall not apply with respect to an administrative action or proposed admin- istrative action if the head of the Executive agency concerned determines that the delay in enforcement of the administrative action or pro- posed administrative action will pose an actual threat of an imminent and substantial endangerment to public health or the environ- ment. (e) EFFECT OF LACK OF AGREEMENT.—(1) If the head of an Executive agency and the Secretary do not enter into an agreement under subsection (c)(2), the Secretary shall submit a written noti- fication to the President who shall take final ac- tion on the matter. (2) Not later than 30 days after the date on which the President takes final action on a mat- ter under paragraph (1), the President shall sub- mit to the committees referred to in subsection (a) a notification of the action. (f) LIMITATION ON DELEGATION OF AUTHORITY.— The head of an Executive agency may not dele- gate any responsibility under this section. (g) DEFINITION.—In this section, the term ‘‘Ex- ecutive agency’’ has the meaning given such term in section 105 of title 5, except that the term does not include the Government Account- ability Office. (Added Pub. L. 105–85, div. A, title III, § 325(a), Nov. 18, 1997, 111 Stat. 1678; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 108–375, div. A, title X, § 1084(c)(3), Oct. 28, 2004, 118 Stat. 2061.) Editorial Notes AMENDMENTS 2004—Subsec. (g). Pub. L. 108–375 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. § 2015. Program to assist members in obtaining professional credentials (a) PROGRAM REQUIRED.—The Secretary of De- fense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a program to enable members of the armed forces to obtain, while serving in the armed forces, professional credentials that translate into civilian occupations. (b) PAYMENT OF EXPENSES.—(1) Under the pro- gram required by this section, the Secretary of Defense and the Secretary of Homeland Secu- rity, with respect to the Coast Guard when it is not operating as a service in the Navy, shall pro- vide for the payment of expenses of members for professional accreditation, Federal occupational licenses, State-imposed and professional li- censes, professional certification, and related expenses. (2) The authority under paragraph (1) may not be used to pay the expenses of a member to ob-