TRAINING ACTIVITIES RESULTING IN INCIDENTAL SUPPORT AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE.

SEC. 572. TRAINING ACTIVITIES RESULTING IN INCIDENTAL SUPPORT AND SERVICES FOR ELIGIBLE ORGANIZATIONS AND ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE. (d) In General.— (1) Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 110 STAT. 354 “§ 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 manhours. “(e) Eligible Entities.— The following organizations and activities are eligible for assistance under this section: “(1) Any Federal, regional, State, or local governmental entity. 110 STAT. 355 “(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) 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. “(h) 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.” (b) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2012. Support and services for eligible organizations and activities outside Department of Defense.”.