10 U.S. Code § 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—
(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
(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
(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—
(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.
(e) Eligible Entities.— The following organizations and activities are eligible for assistance under this section:
(f) Regulations.— The Secretary of Defense shall prescribe regulations governing the provision of assistance under this section. The regulations shall include the following:
(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—
(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.
(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.
(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
(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.
Source(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.)
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.
1998—Subsec. (j). Pub. L. 105–261added subsec. (j).
1997—Subsecs. (g) to (i). Pub. L. 105–85added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
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 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
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 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.”
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