
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2012]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
                     CHAPTER 101--TRAINING GENERALLY
 
Sec. 2012. Support and services for eligible organizations and 
        activities outside Department of Defense
        
    (a) Authority To Provide Services and Support.--Under regulations 
prescribed by the Secretary 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-Department of 
Defense organizations and activities specified in subsection (e), but 
only if--
        (1) such assistance is authorized by a provision of law (other 
    than this section); or
        (2) the provision of such assistance is incidental 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 
    community relations and public affairs activities conducted in 
    accordance with Department of Defense 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 activities under 
    regulations prescribed by the Secretary of Defense.

    (c) Requirement for Specific Request.--Assistance under subsection 
(a) may only be provided if--
        (1) the assistance is requested by a responsible 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 
    assistance 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 individual 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 otherwise 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 
manpower and the total amount of such assistance in the case of a 
particular project does not exceed 100 man-hours.
    (e) Eligible Entities.--The following organizations and activities 
are eligible for assistance under this section:
        (1) Any Federal, regional, State, or local governmental entity.
        (2) Youth and charitable organizations specified in section 508 
    of title 32.
        (3) 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 provision of assistance under this section. 
The regulations shall include the following:
        (1) Rules governing the types of assistance that may be 
    provided.
        (2) Procedures governing the delivery of assistance 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 assistance--
            (A) meets a valid need; and
            (B) does not duplicate other available public services.

        (4) Procedures to ensure that Department of Defense resources 
    are not applied exclusively to the program receiving the assistance.

    (g) Treatment of Member's Participation in Provision of Support or 
Services.--(1) The Secretary of a military department may not require or 
request a member of the armed forces to submit for consideration by a 
selection board (including a promotion board, command selection board, 
or any other kind of selection board) evidence of the member's 
participation in the provision of support and services to non-Department 
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 voluntarily by a member of the armed 
forces which provides evidence of the participation of that member or 
another member in activities described in that paragraph.
    (h) Advisory Councils.--(1) The Secretary of Defense shall encourage 
the establishment of advisory councils at regional, State, and local 
levels, as appropriate, in order to obtain recommendations and guidance 
concerning assistance under this section from persons who are 
knowledgeable about regional, State, and local conditions and needs.
    (2) The advisory councils should include officials from relevant 
military organizations, representatives of appropriate local, State, and 
Federal agencies, representatives of civic and social service 
organizations, business representatives, and labor representatives.
    (3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to such councils.
    (i) Construction of Provision.--Nothing in this section shall be 
construed as authorizing--
        (1) the use of the armed forces for civilian law enforcement 
    purposes or for response to natural or manmade disasters; or
        (2) the use of Department of Defense personnel or resources for 
    any program, project, or activity that is prohibited by law.

    (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 measures to accomplish the following:
        (1) Ensure that each project that is proposed to be conducted in 
    accordance with this section (regardless of whether additional 
    funding from the Secretary of Defense is sought) is requested in 
    writing, reviewed for full compliance with this section, and 
    approved in advance 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 Secretary 
    of Defense.
        (2) Ensure that each project that is conducted in accordance 
    with this section is required to provide, within a specified period 
    following completion of the project, an after-action 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 
    certification that the proposed project would not result in a 
    significant increase in the cost of training (as determined in 
    accordance with procedures prescribed by the Secretary of Defense).
        (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, Sec. 572(a)(1), Feb. 10, 1996, 
110 Stat. 353; amended Pub. L. 105-85, div. A, title V, Sec. 594, Nov. 
18, 1997, 111 Stat. 1764; Pub. L. 105-261, div. A, title V, Sec. 525(a), 
Oct. 17, 1998, 112 Stat. 2014.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (h)(3), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    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.


                             Implementation

    Pub. L. 105-261, div. A, title V, Sec. 525(b), Oct. 17, 1998, 112 
Stat. 2014, as amended by Pub. L. 106-65, div. A, title X, 
Sec. 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 subsection (j) of that section (as added by subsection (a)) 
has been established.''


 Termination of Funding for Office of Civil-Military Programs in Office 
                       of the Secretary of Defense

    Section 574 of Pub. L. 104-106 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 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.''
