10 U.S.C. § 2008 — Authority to use funds for certain edu-

Page 1644 TITLE 10—ARMED FORCES § 2008 subsec. (b) which read as follows: ‘‘The limitation in subsection (a) does not apply to the Program for Afloat College Education.’’ Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(a)(2)(A)], struck out ‘‘(within the limits set forth in subsection (a))’’ after ‘‘educational institution’’ in introductory provisions. Subsec. (d)(3). Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(a)(2)(B)], substituted ‘‘subsection (b)’’ for ‘‘sub- section (a)(3)’’. Subsec. (e). Pub. L. 106–398, § 1 [[div. A], title XVI, § 1602(b)(1)], added subsec. (e). 1999—Subsec. (a)(4). Pub. L. 106–65 added par. (4). 1993—Subsec. (d). Pub. L. 103–160 added subsec. (d). 1990—Pub. L. 101–510 substituted ‘‘Payment’’ for ‘‘Limitation on payment’’ in section catchline. 1987—Subsec. (c). Pub. L. 100–26 made technical amendment to directory language of Pub. L. 99–661, § 651(a)(2). See 1986 Amendment note below. 1986—Subsec. (a)(3). Pub. L. 99–661, § 651(a)(1), inserted ‘‘on active duty’’. Subsec. (c). Pub. L. 99–661, § 651(a)(2), as amended by Pub. L. 100–26, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title V, § 553(c), Oct. 28, 2004, 118 Stat. 1913, provided that: ‘‘The amendment made by subsection (a) [amending this section] may, at the dis- cretion of the Secretary concerned, be applied to a service obligation incurred by an officer serving on ac- tive duty as of the date of the enactment of this Act [Oct. 28, 2004].’’ EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–26 applicable as if in- cluded in Pub. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100–26, set out as a note under section 776 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title VI, § 651(c), Nov. 14, 1986, 100 Stat. 3888, provided that: ‘‘Subsection (c) of section 2007 of title 10, United States Code, as added by sub- section (a), shall take effect on the date of the enact- ment of this Act [Nov. 14, 1986].’’ EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title. SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION PARTICIPATING IN THE DEPARTMENT OF DEFENSE TUI- TION ASSISTANCE PROGRAM Pub. L. 116–92, div. A, title V, § 560, Dec. 20, 2019, 133 Stat. 1393, provided that: ‘‘(a) LIST OF PARTICIPATING INSTITUTIONS.—The Sec- retary of Defense shall make available, on a publicly accessible website of the Department of Defense, a list that identifies— ‘‘(1) each institution of higher education that re- ceives funds under the Department of Defense Tuition Assistance Program; and ‘‘(2) the amount of such funds received by the insti- tution. ‘‘(b) ANNUAL UPDATES.—The Secretary of Defense shall update the list described in subsection (a) not less frequently than once annually.’’ TUITION PAYMENTS CONTINGENT UPON AGREEMENT BY OFFICER TO REMAIN IN READY RESERVE FOR AT LEAST FOUR YEARS Pub. L. 104–61, title VIII, § 8019, Dec. 1, 1995, 109 Stat. 655, provided that: ‘‘Funds appropriated for the Depart- ment of Defense during the current fiscal year and hereafter shall be available for the payment of not more than 75 percent of the charges of a postsecondary educational institution for the tuition or expenses of an officer in the Ready Reserve of the Army National Guard or Army Reserve for education or training dur- ing his off-duty periods, except that no part of the charges may be paid unless the officer agrees to remain a member of the Ready Reserve for at least four years after completion of such training or education.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 103–335, title VIII, § 8019, Sept. 30, 1994, 108 Stat. 2621. Pub. L. 103–139, title VIII, § 8021, Nov. 11, 1993, 107 Stat. 1441. Pub. L. 102–396, title IX, § 9025, Oct. 6, 1992, 106 Stat. 1906. Pub. L. 102–172, title VIII, § 8025, Nov. 26, 1991, 105 Stat. 1177. Pub. L. 101–511, title VIII, § 8025, Nov. 5, 1990, 104 Stat. 1880. Pub. L. 101–165, title IX, § 9035, Nov. 21, 1989, 103 Stat. 1136. Pub. L. 100–463, title VIII, § 8059, Oct. 1, 1988, 102 Stat. 2270–27. Pub. L. 100–202, § 101(b) [title VIII, § 8072], Dec. 22, 1987, 101 Stat. 1329–43, 1329–74. Pub. L. 99–500, § 101(c) [title IX, § 9076], Oct. 18, 1986, 100 Stat. 1783–82, 1783–114, and Pub. L. 99–591, § 101(c) [title IX, § 9076], Oct. 30, 1986, 100 Stat. 3341–82, 3341–114. Pub. L. 99–190, § 101(b) [title VIII, § 8086], Dec. 19, 1985, 99 Stat. 1185, 1216. § 2008. Authority to use funds for certain edu- cational purposes Funds appropriated to the Department of De- fense may be used to carry out construction, as defined in section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act, relating to the provi- sion of assistance to certain school facilities under the impact aid program. (Added Pub. L. 98–525, title XIV, § 1401(g)(1), Oct. 19, 1984, 98 Stat. 2618; amended Pub. L. 104–106, div. B, title XXVIII, § 2891, Feb. 10, 1996, 110 Stat. 590; Pub. L. 114–95, title IX, § 9215(uuu)(3), Dec. 10, 2015, 129 Stat. 2190.) Editorial Notes REFERENCES IN TEXT Sections 7008 and 7013(3) of the Elementary and Sec- ondary Education Act of 1965, referred to in text, are classified to sections 7708 and 7713(3), respectively, of Title 20, Education. AMENDMENTS 2015—Pub. L. 114–95 substituted ‘‘section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act’’ for ‘‘section 8013(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out section 8008 of such Act (20 U.S.C. 7708)’’. 1996—Pub. L. 104–106 substituted ‘‘construction, as de- fined in section 8013(3) of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 7713(3)), or to Page 1645 TITLE 10—ARMED FORCES § 2012 carry out section 8008 of such Act (20 U.S.C. 7708), relat- ing to the provision of assistance to certain school fa- cilities under the impact aid program.’’ for ‘‘section 10 of the Act of September 23, 1950 (20 U.S.C. 640), relating to impact aid authorization.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title. § 2009. Military colleges: female students (a) Under regulations prescribed by the Sec- retary of Defense, any college or university des- ignated by the Secretary of Defense as a mili- tary college shall, as a condition of maintaining such designation, provide that qualified female undergraduate students enrolled in such college or university be eligible to participate in mili- tary training at such college or university. (b) Regulations prescribed under subsection (a) may not require a college or university, as a condition of maintaining its designation as a military college or for any other purpose, to re- quire female undergraduate students enrolled in such college or university to participate in mili- tary training. (Added Pub. L. 98–525, title XIV, § 1401(g)(1), Oct. 19, 1984, 98 Stat. 2619.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 95–485, title VIII, § 809, Oct. 20, 1978, 92 Stat. 1623, which was set out as a note under section 2102 of this title, prior to repeal by Pub. L. 98–525, §§ 1403(b), 1404. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of this title. [§ 2010. Renumbered § 321] [§ 2011. Renumbered § 322] § 2012. Support and services for eligible organi- zations and activities outside Department of Defense (a) AUTHORITY TO PROVIDE SERVICES AND SUP- PORT.—Under regulations prescribed by the Sec- retary of Defense, the Secretary of a military department may in accordance with this section authorize units or individual members of the armed forces under that Secretary’s jurisdiction to provide support and services to non-Depart- ment of Defense organizations and activities specified in subsection (e), but only if— (1) such assistance is authorized by a provi- sion of law (other than this section); or (2) the provision of such assistance is inci- dental to military training. (b) SCOPE OF COVERED ACTIVITIES SUBJECT TO SECTION.—This section does not— (1) apply to the provision by the Secretary concerned, under regulations prescribed by the Secretary of Defense, of customary commu- nity relations and public affairs activities con- ducted in accordance with Department of De- fense policy; or (2) prohibit the Secretary concerned from encouraging members of the armed forces under the Secretary’s jurisdiction to provide volunteer support for community relations ac- tivities under regulations prescribed by the Secretary of Defense. (c) REQUIREMENT FOR SPECIFIC REQUEST.—As- sistance under subsection (a) may only be pro- vided if— (1) the assistance is requested by a respon- sible official of the organization to which the assistance is to be provided; and (2) the assistance is not reasonably available from a commercial entity or (if so available) the official submitting the request for assist- ance certifies that the commercial entity that would otherwise provide such services has agreed to the provision of such services by the armed forces. (d) RELATIONSHIP TO MILITARY TRAINING.—(1) Assistance under subsection (a) may only be provided if the following requirements are met: (A) The provision of such assistance— (i) in the case of assistance by a unit, will accomplish valid unit training requirements; and (ii) in the case of assistance by an indi- vidual member, will involve tasks directly related to the specific military occupational specialty of the member. (B) The provision of such assistance will not adversely affect the quality of training or oth- erwise interfere with the ability of a member or unit of the armed forces to perform the military functions of the member or unit. (C) The provision of such assistance will not result in a significant increase in the cost of the training. (2) Subparagraph (A)(i) of paragraph (1) does not apply in a case in which the assistance to be provided consists primarily of military man- power and the total amount of such assistance in the case of a particular project does not ex- ceed 100 man-hours. (e) ELIGIBLE ENTITIES.—The following organi- zations and activities are eligible for assistance under this section: (1) Any Federal, regional, State, or local governmental entity. (2) Youth and charitable organizations speci- fied in section 508 of title 32. (3) Owners and operators of critical infra- structure (as such term is defined in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e))). (4) Any other entity as may be approved by the Secretary of Defense on a case-by-case basis. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations governing the provi-