10 U.S.C. § 2012 — Support and services for eligible organi-

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- Page 1646 TITLE 10—ARMED FORCES § 2012 sion of assistance under this section. The regu- lations shall include the following: (1) Rules governing the types of assistance that may be provided. (2) Procedures governing the delivery of as- sistance that ensure, to the maximum extent practicable, that such assistance is provided in conjunction with, rather than separate from, civilian efforts. (3) Procedures for appropriate coordination with civilian officials to ensure that the as- sistance— (A) meets a valid need; and (B) does not duplicate other available pub- lic services. (4) Procedures to ensure that Department of Defense resources are not applied exclusively to the program receiving the assistance. (5) Procedures to ensure that assistance pro- vided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Secu- rity pursuant to title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.). (g) TREATMENT OF MEMBER’S PARTICIPATION IN PROVISION OF SUPPORT OR SERVICES.—(1) The Secretary of a military department may not re- quire or request a member of the armed forces to submit for consideration by a selection board (including a promotion board, command selec- tion board, or any other kind of selection board) evidence of the member’s participation in the provision of support and services to non-Depart- ment of Defense organizations and activities under this section or the member’s involvement in, or support of, other community relations and public affairs activities of the armed forces. (2) Paragraph (1) does not prevent a selection board from considering material submitted vol- untarily by a member of the armed forces which provides evidence of the participation of that member or another member in activities de- scribed in that paragraph. (h) ADVISORY COUNCILS.—(1) The Secretary of Defense shall encourage the establishment of ad- visory councils at regional, State, and local lev- els, as appropriate, in order to obtain rec- ommendations and guidance concerning assist- ance under this section from persons who are knowledgeable about regional, State, and local conditions and needs. (2) The advisory councils should include offi- cials from relevant military organizations, rep- resentatives of appropriate local, State, and Federal agencies, representatives of civic and social service organizations, business represent- atives, and labor representatives. (3) Chapter 10 of title 5 shall not apply to such councils. (i) CONSTRUCTION OF PROVISION.—(1) Nothing in this section shall be construed as authorizing— (A) the use of the armed forces for civilian law enforcement purposes or, except as pro- vided in paragraph (2), for response to natural or manmade disasters; or (B) the use of Department of Defense per- sonnel or resources for any program, project, or activity that is prohibited by law. (2) Funds available to the Secretary of a mili- tary department for operation and maintenance for the Innovative Readiness Training program (as established pursuant to this section) may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and military construction to restore an area after a natural disaster. (j) OVERSIGHT AND COST ACCOUNTING.—The Secretary of Defense shall establish a program to improve the oversight and cost accounting of training projects conducted in accordance with this section. The program shall include meas- ures to accomplish the following: (1) Ensure that each project that is proposed to be conducted in accordance with this sec- tion (regardless of whether additional funding from the Secretary of Defense is sought) is re- quested in writing, reviewed for full compli- ance with this section, and approved in ad- vance of initiation by the Secretary of the military department concerned and, in the case of a project that seeks additional funding from the Secretary of Defense, by the Sec- retary of Defense. (2) Ensure that each project that is con- ducted in accordance with this section is re- quired to provide, within a specified period fol- lowing completion of the project, an after-ac- tion report to the Secretary of Defense. (3) Require that each application for a project to be conducted in accordance with this section include an analysis and certifi- cation that the proposed project would not re- sult in a significant increase in the cost of training (as determined in accordance with procedures prescribed by the Secretary of De- fense). (4) Determine the total program cost for each project, including both those costs that are borne by the military departments from their own accounts and those costs that are borne by defense-wide accounts. (5) Provide for oversight of project execution to ensure that a training project under this section is carried out in accordance with the proposal for that project as approved. (Added Pub. L. 104–106, div. A, title V, § 572(a)(1), Feb. 10, 1996, 110 Stat. 353; amended Pub. L. 105–85, div. A, title V, § 594, Nov. 18, 1997, 111 Stat. 1764; Pub. L. 105–261, div. A, title V, § 525(a), Oct. 17, 1998, 112 Stat. 2014; Pub. L. 117–81, div. A, title XV, § 1512, Dec. 27, 2021, 135 Stat. 2039; Pub. L. 117–286, § 4(a)(51), Dec. 27, 2022, 136 Stat. 4311; Pub. L. 118–31, div. A, title III, § 341, Dec. 22, 2023, 137 Stat. 223.) Editorial Notes REFERENCES IN TEXT The Homeland Security Act of 2002, referred to in subsec. (f)(5), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135. Title XXII of the Act is classified principally to subchapter XVIII (§ 651 et seq.) of chapter 1 of Title 6. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables. AMENDMENTS 2023—Subsec. (i). Pub. L. 118–31 designated existing provisions as par. (1), redesignated former pars. (1) and 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