10 USC 342: Regional Centers for Security Studies
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10 USC 342: Regional Centers for Security Studies Text contains those laws in effect on April 18, 2024
From Title 10-ARMED FORCESSubtitle A-General Military LawPART I-ORGANIZATION AND GENERAL MILITARY POWERSCHAPTER 16-SECURITY COOPERATIONSUBCHAPTER V-EDUCATIONAL AND TRAINING ACTIVITIES

§342. Regional Centers for Security Studies

(a) In General.-The Secretary of Defense shall administer the Department of Defense Regional Centers for Security Studies in accordance with this section as international venues for bilateral and multilateral research, communication, exchange of ideas, and training involving military and civilian participants.

(b) Regional Centers Specified.-(1) A Department of Defense Regional Center for Security Studies is a Department of Defense institution that-

(A) is operated, and designated as such, by the Secretary of Defense for the study of security issues relating to a specified geographic region of the world; and

(B) serves as a forum for bilateral and multilateral research, communication, exchange of ideas, and training involving military and civilian participants.


(2) The Department of Defense Regional Centers for Security Studies are the following:

(A) The George C. Marshall European Center for Security Studies, established in 1993 and located in Garmisch-Partenkirchen, Germany.

(B) The Daniel K. Inouye Asia-Pacific Center for Security Studies, established in 1995 and located in Honolulu, Hawaii.

(C) The William J. Perry Center for Hemispheric Defense Studies, established in 1997 and located in Washington, D.C.

(D) The Africa Center for Strategic Studies, established in 1999 and located in Washington, D.C.

(E) The Near East South Asia Center for Strategic Studies, established in 2000 and located in Washington, D.C.

(F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.


(3) No institution or element of the Department of Defense may be designated as a Department of Defense Regional Center for Security Studies for purposes of this section, other than the institutions specified in paragraph (2).

(c) Regulations.-The administration of the Regional Centers under this section shall be carried out under regulations prescribed by the Secretary. The regulations shall prioritize within the respective areas of focus of each Regional Center the functional areas for engagement of territorial and maritime security, transnational and asymmetric threats, and defense sector governance.

(d) Participation.-Participants in activities of the Regional Centers may include United States and foreign military, civilian, and nongovernmental personnel.

(e) Employment and Compensation of Faculty.-At each Regional Center, the Secretary may, subject to the availability of appropriations-

(1) employ a Director, a Deputy Director, and as many civilians as professors, instructors, and lecturers as the Secretary considers necessary; and

(2) prescribe the compensation of such persons, in accordance with Federal guidelines.


(f) Payment of Costs.-(1) Participation in activities of a Regional Center shall be on a reimbursable basis (or by payment in advance), except in a case in which reimbursement is waived in accordance with paragraph (3).

(2) For a foreign national participant, payment of costs may be made by the participant, the participant's own government, by a Department or agency of the United States other than the Department of Defense, or by a gift or donation on behalf of one or more Regional Centers accepted under section 2611 of this title on behalf of the participant's government.

(3)(A) The Secretary of Defense may waive reimbursement of the costs of activities of the Regional Centers for foreign military officers and foreign defense and security personnel from a developing country if the Secretary determines that attendance of such personnel without reimbursement is in the national security interest of the United States. Costs for which reimbursement is waived pursuant to this paragraph shall be paid from appropriations available to the Regional Centers.

(B)(i) The Secretary of Defense may, with the concurrence of the Secretary of State, waive reimbursement otherwise required under this subsection of the costs of activities of the Regional Centers for personnel of nongovernmental and international organizations who participate in activities of the Regional Centers that enhance cooperation of nongovernmental organizations and international organizations with United States forces if the Secretary of Defense determines that attendance of such personnel without reimbursement is in the national security interest of the United States.

(ii) The amount of reimbursement that may be waived under clause (i) in any fiscal year may not exceed $1,000,000.

(4) Funds accepted for the payment of costs shall be credited to the appropriation then currently available to the Department of Defense for the Regional Center that incurred the costs. Funds so credited shall be merged with the appropriation to which credited and shall be available to that Regional Center for the same purposes and same period as the appropriation with which merged.

(5) Funds available for the payment of personnel expenses under section 312 of this title are also available for the costs of the operation of the Regional Centers.

(6) Funds available to carry out this section, including funds accepted under paragraph (4) and funds available under paragraph (5), shall be available, to the extent provided in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal year.

(g) Support to Other Agencies.-The Director of a Regional Center may enter into agreements with the Secretaries of the military departments, the heads of the Defense Agencies, and, with the concurrence of the Secretary of Defense, the heads of other Federal departments and agencies for the provision of services by that Regional Center under this section. Any such participating department and agency shall transfer to the Regional Center funds to pay the full costs of the services received.

(h) Authorities Specific to Marshall Center.-(1) The Secretary of Defense may authorize participation by a European or Eurasian country in programs of the George C. Marshall Center for Security Studies (in this subsection referred to as the "Marshall Center") if the Secretary determines, after consultation with the Secretary of State, that such participation is in the national interest of the United States.

(2)(A) In the case of any person invited to serve without compensation on the Marshall Center Board of Visitors, the Secretary of Defense may waive any requirement for financial disclosure that would otherwise apply to that person solely by reason of service on such Board.

(B) A member of the Marshall Center Board of Visitors may not be required to register as an agent of a foreign government solely by reason of service as a member of the Board.

(C) Notwithstanding section 219 of title 18, a non-United States citizen may serve on the Marshall Center Board of Visitors even though registered as a foreign agent.

(3)(A) The Secretary of Defense may waive reimbursement of the costs of conferences, seminars, courses of instruction, or similar educational activities of the Marshall Center for military officers and civilian officials from states located in Europe or the territory of the former Soviet Union if the Secretary determines that attendance by such personnel without reimbursement is in the national security interest of the United States.

(B) Costs for which reimbursement is waived pursuant to subparagraph (A) shall be paid from appropriations available for the Center.

(i) Authorities Specific to Inouye Center.-(1) The Secretary of Defense may waive reimbursement of the cost of conferences, seminars, courses of instruction, or similar educational activities of the Daniel K. Inouye Center for Security Studies for military officers and civilian officials of foreign countries if the Secretary determines that attendance by such personnel, without reimbursement, is in the national security interest of the United States.

(2) Costs for which reimbursement is waived pursuant to paragraph (1) shall be paid from appropriations available for the Center.

(j) Annual Review of Program Structure and Programs of Centers.-(1) The Secretary shall on an annual basis review the program and structure of each Regional Center in order to determine whether such Regional Center is appropriately aligned with the strategic priorities of the Department of Defense and the applicable geographic combatant commands.

(2) The Secretary may revise the program, structure, or both of a Regional Center following an annual review under paragraph (1) in order to more appropriately align the Regional Center with strategic priorities and the geographic combatant commands as described in that paragraph.

(Added Pub. L. 106–398, §1 [[div. A], title IX, §912(a)(1)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-228, §184; amended Pub. L. 107–107, div. A, title X, §1048(c)(2), Dec. 28, 2001, 115 Stat. 1226 ; Pub. L. 108–136, div. A, title IX, §931(b)(2), Nov. 24, 2003, 117 Stat. 1581 ; Pub. L. 109–163, div. A, title IX, §903(b), Jan. 6, 2006, 119 Stat. 3399 ; Pub. L. 109–364, div. A, title IX, §904(a)(1), Oct. 17, 2006, 120 Stat. 2351 ; Pub. L. 110–417, [div. A], title IX, §941(a)(1), Oct. 14, 2008, 122 Stat. 4576 ; Pub. L. 111–84, div. A, title X, §1073(a)(3), Oct. 28, 2009, 123 Stat. 2472 ; Pub. L. 112–81, div. A, title X, §1061(2), Dec. 31, 2011, 125 Stat. 1583 ; Pub. L. 112–239, div. B, title XXVIII, §2854(b)(1), Jan. 2, 2013, 126 Stat. 2161 ; Pub. L. 113–291, div. B, title XXVIII, §2861(b)(1), Dec. 19, 2014, 128 Stat. 3715 ; renumbered §342 and amended Pub. L. 114–328, div. A, title XII, §1241(e)(1)–(4), Dec. 23, 2016, 130 Stat. 2505 , 2506; Pub. L. 115–91, div. A, title X, §1081(a)(17), Dec. 12, 2017, 131 Stat. 1595 ; Pub. L. 117–81, div. A, title X, §1082(a), Dec. 27, 2021, 135 Stat. 1922 .)


Editorial Notes

Amendments

2021-Subsec. (b)(2)(F). Pub. L. 117–81 added subpar. (F).

2017-Subsec. (j)(2). Pub. L. 115–91 struck out second period at end.

2016-Pub. L. 114–328, §1241(e)(1), renumbered section 184 of this title as this section.

Subsec. (a). Pub. L. 114–328, §1241(e)(2)(A), substituted "exchange of ideas, and training" for "and exchange of ideas".

Subsec. (b)(1)(B). Pub. L. 114–328, §1241(e)(2)(B)(i), substituted "exchange of ideas, and training" for "and exchange of ideas".

Subsec. (b)(3). Pub. L. 114–328, §1241(e)(2)(B)(ii), struck out ", except as specifically provided by law after October 17, 2006" before period at end.

Subsec. (c). Pub. L. 114–328, §1241(e)(2)(C), inserted at end "The regulations shall prioritize within the respective areas of focus of each Regional Center the functional areas for engagement of territorial and maritime security, transnational and asymmetric threats, and defense sector governance."

Subsec. (f)(3). Pub. L. 114–328, §1241(e)(2)(D)(i), designated existing provisions as subpar. (A), substituted "security personnel" for "security civilian government officials", and added subpar. (B).

Subsec. (f)(5). Pub. L. 114–328, §1241(e)(2)(D)(ii), substituted "under section 312 of this title are also available for the costs of the operation of the Regional Centers." for "under the Latin American cooperation authority set forth in section 1050 of this title are also available for the costs of the operation of the William J. Perry Center for Hemispheric Defense Studies."

Subsecs. (h), (i). Pub. L. 114–328, §1241(e)(3), added subsecs. (h) and (i).

Subsec. (j). Pub. L. 114–328, §1241(e)(4), added subsec. (j).

2014-Subsec. (b)(2)(B). Pub. L. 113–291 substituted "Daniel K. Inouye Asia-Pacific Center for Security Studies" for "Asia-Pacific Center for Security Studies".

2013-Subsec. (b)(2)(C). Pub. L. 112–239, §2854(b)(1)(A), substituted "The William J. Perry Center for Hemispheric Defense Studies" for "The Center for Hemispheric Defense Studies".

Subsec. (f)(5). Pub. L. 112–239, §2854(b)(1)(B), substituted "the William J. Perry Center for Hemispheric Defense Studies" for "the Center for Hemispheric Defense Studies".

2011-Subsec. (h). Pub. L. 112–81 struck out subsec. (h) which required the Secretary of Defense to submit an annual report on the operation of the Regional Centers for security studies during the preceding fiscal year.

2009-Subsec. (b)(3). Pub. L. 111–84 substituted "October 17, 2006" for "the date of the enactment of this section".

2008-Subsec. (f)(6). Pub. L. 110–417 added par. (6).

2006-Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to notification to Congress of the establishment of new regional centers, annual report on the operation of such centers, and definition of "regional center for security studies".

Subsec. (b)(4). Pub. L. 109–163 substituted "under section 2611 of this title." for "under any of the following provisions of law:

"(A) Section 2611 of this title.

"(B) Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2892).

"(C) Section 1065 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2653; 10 U.S.C. 113 note)."

2003-Subsec. (b)(4). Pub. L. 108–136 struck out "foreign" before "gifts".

2001-Subsec. (a). Pub. L. 107–107 substituted "October 30, 2000," for "the date of the enactment of this section," in introductory provisions.


Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–417, [div. A], title IX, §941(a)(2), Oct. 14, 2008, 122 Stat. 4576 , provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 2008, and shall apply with respect to programs and activities under [former] section 184 of title 10, United States Code (as so amended) [now 10 U.S.C. 342], that begin on or after that date."

Consortium To Study Irregular Warfare

Pub. L. 117–81, div. A, title II, §222, Dec. 27, 2021, 135 Stat. 1600 , provided that:

"(a) Establishment.-The Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.

"(b) Purposes.-The purposes of the consortium under subsection (a) are as follows:

"(1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare.

"(2) To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change.

"(3) To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding.

"(4) To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets.

"(5) To transition promising basic research-

"(A) to higher stages of research and development; and

"(B) into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats.

"(6) To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats.

"(7) To enhance educational outreach and teaching at professional military education schools to improve-

"(A) the understanding of irregular threats; and

"(B) the integration of data-based responses to such threats.

"(8) To support classified research when necessary in appropriately controlled physical spaces.

"(9) To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [set out below].

"(10) To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate.

"(c) Partnerships.-If the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate.

"(d) Institution of Higher Education Defined.-In this section, the term 'institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)."

Ted Stevens Center for Arctic Security Studies

Pub. L. 116–283, div. A, title X, §1089, Jan. 1, 2021, 134 Stat. 3878 , provided that:

"(a) Plan Required.-

"(1) In general.-Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to establish a Department of Defense Regional Center for Security Studies for the Arctic.

"(2) Elements.-The plan required by paragraph (1) shall include the following:

"(A) A description of the benefits of establishing such a center, including the manner in which the establishment of such a center would benefit United States and Department of Defense interests in the Arctic region.

"(B) A description of the mission and purpose of such a center, including-

"(i) enhancing understanding of the dynamics and national security implications of an emerging Arctic region, including increased access for transit and maneuverability; and

"(ii) other specific policy guidance from the Office of the Secretary of Defense.

"(C) An analysis of suitable reporting relationships with the applicable combatant commands.

"(D) An assessment of suitable locations, which shall include an enumeration and valuation of criteria, which may include-

"(i) the proximity of a location to other academic institutions that study security implications with respect to the Arctic region;

"(ii) the proximity of a location to the designated lead for Arctic affairs of the United States Northern Command; and

"(iii) the proximity of a location to a central hub of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of skills unique to the Arctic region.

"(E) A description of the establishment and operational costs of such a center, including for-

"(i) military construction for required facilities;

"(ii) facility renovation;

"(iii) personnel costs for faculty and staff; and

"(iv) other costs the Secretary considers appropriate.

"(F) An evaluation of the existing infrastructure, resources, and personnel available at military installations and at universities and other academic institutions that could reduce the costs described in accordance with subparagraph (E).

"(G) An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing.

"(H) A description of potential courses and programs that such a center could carry out, including-

"(i) core, specialized, and advanced courses;

"(ii) potential planning workshops;

"(iii) seminars;

"(iv) confidence-building initiatives; and

"(v) academic research.

"(I) A description of any modification to title 10, United States Code, necessary for the effective operation of such a center.

"(3) Form.-The plan required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

"(b) Establishment.-

"(1) In general.-Not earlier than 30 days after the submittal of the plan required by subsection (a), and subject to the availability of appropriations, the Secretary of Defense may establish and administer a Department of Defense Regional Center for Security Studies for the Arctic, to be known as the 'Ted Stevens Center for Arctic Security Studies', for the purpose described in section 342(a) of title 10, United States Code.

"(2) Location.-Subject to a determination by the Secretary to establish the Ted Stevens Center for Arctic Security Studies under this section, the Center shall be established at a location determined suitable pursuant to subsection (a)(2)(D)."

Functional Center for Security Studies in Irregular Warfare

Pub. L. 116–283, div. A, title XII, §1299L, Jan. 1, 2021, 134 Stat. 4012 , as amended by Pub. L. 117–263, div. A, title XII, §1204(c), Dec. 23, 2022, 136 Stat. 2830 , provided that:

"(a) Report Required.-

"(1) In general.-Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that assesses the merits and feasibility of establishing and administering a Department of Defense Functional Center for Security Studies in Irregular Warfare.

"(2) Elements.-The report required by paragraph (1) shall include the following:

"(A) A description of the benefits to the United States, and the allies and partners of the United States, of establishing such a functional center, including the manner in which the establishment of such a functional center would enhance and sustain focus on, and advance knowledge and understanding of, matters of irregular warfare, including cybersecurity, nonstate actors, information operations, counterterrorism, stability operations, and the hybridization of such matters.

"(B) A detailed description of the mission and purpose of such a functional center, including applicable policy guidance from the Office of the Secretary of Defense.

"(C) An analysis of appropriate reporting and liaison relationships between such a functional center and-

"(i) the geographic and functional combatant commands;

"(ii) other Department of Defense stakeholders; and

"(iii) other government and nongovernment entities and organizations.

"(D) An enumeration and valuation of criteria applicable to the determination of a suitable location for such a functional center.

"(E) A description of the establishment and operational costs of such a functional center, including for-

"(i) military construction for required facilities;

"(ii) facility renovation;

"(iii) personnel costs for faculty and staff; and

"(iv) other costs the Secretary of Defense considers appropriate.

"(F) An evaluation of the existing infrastructure, resources, and personnel available at military installations, existing regional centers, interagency facilities, and universities and other academic and research institutions that could reduce the costs described in subparagraph (E).

"(G) An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing.

"(H) A description of potential courses and programs that such a functional center could carry out, including-

"(i) core, specialized, and advanced courses;

"(ii) planning workshops and structured after-action reviews or debriefs;

"(iii) seminars;

"(iv) initiatives on executive development, relationship building, partnership outreach, and any other matter the Secretary of Defense considers appropriate; and

"(v) focused academic research and studies in support of Department priorities.

"(I) A description of any modification to title 10, United States Code, or any other provision of law, necessary for the effective establishment and administration of such a functional center.

"(3) Form.-The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

"(b) Establishment.-

"(1) In general.-Not earlier than 30 days after the submittal of the report required by subsection (a), and subject to the availability of appropriated funds, the Secretary of Defense may establish and administer a Department of Defense Functional Center for Security Studies in Irregular Warfare.

"(2) Limitation.-No other institution or element of the Department may be designated as a Department of Defense functional center, except by an Act of Congress.

"(3) Location.-The location of a Department of Defense Functional Center for Security Studies in Irregular Warfare established under paragraph (1) shall be selected based on an objective, criteria-driven administrative or competitive award process."

Framework for Obtaining Concurrence for Participation in Activities of Regional Centers for Security Studies

Pub. L. 115–232, div. A, title XII, §1214, Aug. 13, 2018, 132 Stat. 2027 , provided that: "Not later than 120 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense, with the concurrence of the Secretary of State, shall establish and submit to the appropriate congressional committees, as such term is defined in section 301(1) of title 10, United States Code, a Memorandum of Agreement or other arrangement setting forth a framework for the procedures required between the Department of Defense and the Department of State to obtain the concurrence of the Secretary of State, as required by law or policy, to allow non-defense and non-governmental personnel of friendly foreign countries to participate in activities of the Department of Defense Regional Centers for Security Studies."

Redesignation of the Asia-Pacific Center for Security Studies as the Daniel K. Inouye Asia-Pacific Center for Security Studies

Pub. L. 113–291, div. B, title XXVIII, §2861(a), Dec. 19, 2014, 128 Stat. 3715 , provided that: "The Department of Defense regional center for security studies known as the Asia-Pacific Center for Security Studies is hereby renamed the 'Daniel K. Inouye Asia-Pacific Center for Security Studies'."

Pub. L. 113–291, div. B, title XXVIII, §2861(c), Dec. 19, 2014, 128 Stat. 3716 , provided that: "Any reference to the Department of Defense Asia-Pacific Center for Security Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Daniel K. Inouye Asia-Pacific Center for Security Studies."

Redesignation of the Center for Hemispheric Defense Studies as the William J. Perry Center for Hemispheric Defense Studies

Pub. L. 112–239, div. B, title XXVIII, §2854(a), Jan. 2, 2013, 126 Stat. 2161 , provided that: "The Department of Defense regional center for security studies known as the Center for Hemispheric Defense Studies is hereby renamed the 'William J. Perry Center for Hemispheric Defense Studies' ".

Pub. L. 112–239, div. B, title XXVIII, §2854(c), Jan. 2, 2013, 126 Stat. 2162 , provided that: "Any reference to the Department of Defense Center for Hemispheric Defense Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the William J. Perry Center for Hemispheric Defense Studies."

Temporary Waiver of Reimbursement of Costs of Activities for Nongovernmental Personnel

Pub. L. 110–417, [div. A], title IX, §941(b), Oct. 14, 2008, 122 Stat. 4577 , as amended by Pub. L. 111–383, div. A, title IX, §941, Jan. 7, 2011, 124 Stat. 4340 ; Pub. L. 112–239, div. A, title IX, §953, Jan. 2, 2013, 126 Stat. 1895 ; Pub. L. 113–66, div. A, title X, §1094(b), Dec. 26, 2013, 127 Stat. 878 ; Pub. L. 113–291, div. A, title IX, §913, Dec. 19, 2014, 128 Stat. 3474 , provided a temporary waiver of reimbursement of costs of activities for nongovernmental personnel, prior to repeal by Pub. L. 114–328, div. A, title XII, §1241(e)(5)(A), Dec. 23, 2016, 130 Stat. 2507 .