---
kind: "section"
citation: "10 U.S.C. § 2012"
title: "10"
title_heading: "Armed Forces"
number: "2012"
heading: "Support and services for eligible organizations and activities outside Department of Defense"
release: "119-102"
url: "https://uscodex.org/usc/10/2012"
units:
  - "Subtitle A — General Military Law"
  - "Part III — Training and Education"
  - "Chapter 101 — Training Generally"
---

# §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](/usc/10/101.md?p=a-6) may in accordance with this section authorize units or individual [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) under that Secretary’s jurisdiction to provide support and services, including [supplies](/usc/10/101.md?p=a-14) incidental to such support and services, to non-[Department](/usc/10/101.md?p=a-6) of Defense organizations and activities specified in [subsection (e)](#e), but only if—
  - (1) such [assistance](/usc/10/2005.md?p=d-2) is authorized by a provision of law (other than this section); or
  - (2) the provision of such [assistance](/usc/10/2005.md?p=d-2) 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](/usc/10/101.md?p=a-9), under regulations prescribed by the Secretary of Defense, of customary community relations and public affairs activities conducted in accordance with [Department](/usc/10/101.md?p=a-6) of Defense policy; or
  - (2) prohibit the [Secretary concerned](/usc/10/101.md?p=a-9) from encouraging [members](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) 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](/usc/10/2005.md?p=d-2) under [subsection (a)](#a) may only be provided if—
  - (1) the [assistance](/usc/10/2005.md?p=d-2) is requested by a responsible official of the organization to which the [assistance](/usc/10/2005.md?p=d-2) is to be provided; and
  - (2) the [assistance](/usc/10/2005.md?p=d-2) is not reasonably available from a commercial entity or (if so available) the official submitting the request for [assistance](/usc/10/2005.md?p=d-2) certifies that the commercial entity that would otherwise provide such services has agreed to the provision of such services by the [armed forces](/usc/10/101.md?p=a-4).
- (d) **Relationship to Military Training.—**
  - (1) [Assistance](/usc/10/2005.md?p=d-2) under [subsection (a)](#a) may only be provided if the following requirements are met:
    - (A) The provision of such [assistance](/usc/10/2005.md?p=d-2)—
      - (i) in the case of [assistance](/usc/10/2005.md?p=d-2) by a unit, will accomplish valid unit training requirements; and
      - (ii) in the case of [assistance](/usc/10/2005.md?p=d-2) by an individual [member](/usc/10/1408.md?p=a-5), will involve tasks directly related to the specific military occupational specialty of the [member](/usc/10/1408.md?p=a-5).
    - (B) The provision of such [assistance](/usc/10/2005.md?p=d-2) will not adversely affect the quality of training or otherwise interfere with the ability of a [member](/usc/10/1408.md?p=a-5) or unit of the [armed forces](/usc/10/101.md?p=a-4) to perform the military functions of the [member](/usc/10/1408.md?p=a-5) or unit.
    - (C) The provision of such [assistance](/usc/10/2005.md?p=d-2) will not result in a significant increase in the cost of the training.
  - (2) [Subparagraph (A)(i)](#d-1-A-i) of paragraph (1) does not apply in a case in which the [assistance](/usc/10/2005.md?p=d-2) to be provided consists primarily of military manpower and the total amount of such [assistance](/usc/10/2005.md?p=d-2) 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](/usc/10/2005.md?p=d-2) under this section:
  - (1) Any Federal, regional, [State](/usc/10/2815a.md?p=g-2), or local governmental entity.
  - (2) Youth and charitable organizations specified in [section 508 of title 32](/usc/32/508.md).
  - (3) Owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 ([42 U.S.C. 5195c(e)](/usc/42/5195c.md?p=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 provision of [assistance](/usc/10/2005.md?p=d-2) under this section. The regulations shall include the following:
  - (1) Rules governing the types of [assistance](/usc/10/2005.md?p=d-2) that may be provided.
  - (2) Procedures governing the [delivery](/usc/10/8697.md?p=d-2) of [assistance](/usc/10/2005.md?p=d-2) that ensure, to the maximum extent practicable, that such [assistance](/usc/10/2005.md?p=d-2) is provided in conjunction with, rather than separate from, civilian efforts.
  - (3) Procedures for appropriate coordination with civilian officials to ensure that the [assistance](/usc/10/2005.md?p=d-2)—
    - (A) meets a valid need; and
    - (B) does not duplicate other available public services.
  - (4) Procedures to ensure that [Department](/usc/10/101.md?p=a-6) of Defense resources are not applied exclusively to the program receiving the [assistance](/usc/10/2005.md?p=d-2).
  - (5) Procedures to ensure that [assistance](/usc/10/2005.md?p=d-2) provided to an entity specified in [subsection (e)(3)](#e-3) is provided in a manner that is consistent with similar [assistance](/usc/10/2005.md?p=d-2) provided under authorities applicable to other Federal [departments](/usc/10/101.md?p=a-6) and [agencies](/usc/10/4701.md?p=g-1), including the authorities of the Cybersecurity and Infrastructure Security [Agency](/usc/10/4701.md?p=g-1) of the [Department](/usc/10/101.md?p=a-6) of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 ([6 U.S.C. 651](/usc/6/651.md) et seq.).
- (g) **Treatment of Member’s Participation in Provision of Support or Services.—**
  - (1) The Secretary of a military [department](/usc/10/101.md?p=a-6) may not require or request a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) to submit for consideration by a [selection board](/usc/10/1558.md?p=b-2-A) (including a promotion board, command [selection board](/usc/10/1558.md?p=b-2-A), or any other kind of [selection board](/usc/10/1558.md?p=b-2-A)) evidence of the [member](/usc/10/1408.md?p=a-5)’s participation in the provision of support and services to non-[Department](/usc/10/101.md?p=a-6) of Defense organizations and activities under this section or the [member](/usc/10/1408.md?p=a-5)’s involvement in, or support of, other community relations and public affairs activities of the [armed forces](/usc/10/101.md?p=a-4).
  - (2) [Paragraph (1)](#g-1) does not prevent a [selection board](/usc/10/1558.md?p=b-2-A) from considering material submitted voluntarily by a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) which provides evidence of the participation of that [member](/usc/10/1408.md?p=a-5) or another [member](/usc/10/1408.md?p=a-5) in activities described in that paragraph.
- (h) **Advisory Councils.—**
  - (1) The Secretary of Defense shall encourage the establishment of advisory councils at regional, [State](/usc/10/2815a.md?p=g-2), and local levels, as appropriate, in order to obtain recommendations and guidance concerning [assistance](/usc/10/2005.md?p=d-2) under this section from persons who are knowledgeable about regional, [State](/usc/10/2815a.md?p=g-2), and local conditions and needs.
  - (2) The advisory councils should include officials from relevant military organizations, representatives of appropriate local, [State](/usc/10/2815a.md?p=g-2), and Federal [agencies](/usc/10/4701.md?p=g-1), representatives of civic and social service organizations, business representatives, and labor representatives.
  - (3) [Chapter 10](/usc/5/chptI-ch10.md) 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](/usc/10/101.md?p=a-4) for civilian law enforcement purposes or, except as provided in [paragraph (2)](#i-2), for response to natural or manmade disasters; or
    - (B) the use of [Department](/usc/10/101.md?p=a-6) of Defense personnel or resources for any program, project, or activity that is prohibited by law.
  - (2) [Funds](/usc/10/2871.md?p=6) available to the Secretary of a military [department](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-9), 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 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](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-8) 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.

## Source credit

(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; Pub. L. 119–60, div. A, title III, § 332, Dec. 18, 2025, 139 Stat. 816.)

## Notes

### 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

2025—Subsec. (a). Pub. L. 119–60 inserted “, including supplies incidental to such support and services,” after “and services” in introductory provisions.

2023—Subsec. (i). Pub. L. 118–31 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), inserted “, 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 Committee 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 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 [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.”