10 U.S.C. § 341 — Department of Defense State Partnership

Page 383 TITLE 10—ARMED FORCES § 341 Sec. 344. Participation in multinational centers of ex- cellence. 345. Irregular Warfare Center and Regional De- fense Fellowship Program. 346. Distribution to certain foreign personnel of education and training materials and infor- mation technology to enhance military interoperability with the armed forces. 347. International engagement authorities for service academies. 348. Aviation Leadership Program. 349. Inter-American Air Forces Academy. 350. Inter-European Air Forces Academy. 351. Inter-American Defense College. 352. Naval Small Craft Instruction and Technical Training School. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title XII, § 1204(b), Dec. 23, 2022, 136 Stat. 2829, added item 345 and struck out former item 345 ‘‘Regional Defense Combating Ter- rorism and Irregular Warfare Fellowship Program’’. 2021—Pub. L. 116–283, div. A, title XII, § 1206(b), Jan. 1, 2021, 134 Stat. 3913, added item 344 and struck out former item 344 ‘‘Participation in multinational mili- tary centers of excellence’’. 2019—Pub. L. 116–92, div. A, title XVII, § 1731(a)(15), Dec. 20, 2019, 133 Stat. 1813, struck out ‘‘Sec.’’ after item 350. 2018—Pub. L. 115–232, div. A, title XII, §§ 1204(c)(1)(C), 1207(b), 1208(a)(2), 1209(b)(2), Aug. 13, 2018, 132 Stat. 2017, 2020, 2021, 2023, substituted ‘‘Centers for Security Stud- ies’’ for ‘‘centers for security studies’’ in item 342, in- serted ‘‘and Irregular Warfare’’ after ‘‘Terrorism’’ in item 345, and added items 351 and 352. Statutory Notes and Related Subsidiaries DEFENSE INSTITUTE OF INTERNATIONAL LEGAL STUDIES Pub. L. 115–91, div. A, title XII, § 1207, Dec. 12, 2017, 131 Stat. 1645, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may op- erate an institute to be known as the ‘Defense Institute of International Legal Studies’ (in this section referred to as the ‘Institute’) in accordance with this section to further the United States security and foreign policy objectives of— ‘‘(1) promoting an understanding of and apprecia- tion for the rule of law; and ‘‘(2) encouraging the international development of internal capacities of foreign governments for civil- ian control of the military, military justice, the legal aspects of peacekeeping, good governance and anti- corruption in defense reform, and human rights. ‘‘(b) ACTIVITIES.—In carrying out the purposes speci- fied in subsection (a), the Institute may conduct activi- ties as follows: ‘‘(1) Exchange of ideas on best practices and lessons learned in order to improve compliance with inter- national legal norms. ‘‘(2) Education and training involving professional legal engagement with foreign military personnel and related civilians, both within and outside the United States. ‘‘(3) Building the legal capacity of foreign military and other security forces, including equitable, trans- parent, and accountable defense institutions, civilian control of the military, human rights, and demo- cratic governance. ‘‘(4) Institutional legal capacity building of foreign defense and security institutions. ‘‘(c) DEPARTMENT OF DEFENSE REVIEW.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a comprehensive review of the mission, workforce, funding, and other support of the Institute. ‘‘(2) ELEMENTS.—The review shall include, but not be limited to, the following: ‘‘(A) An assessment of the scope of the mission of the Institute, taking into account the increasing security cooperation authorities and requirements of the Department of Defense, including core rule of law training in the United States and abroad, de- fense legal institution building, and statutorily re- quired human rights and legal capacity building of foreign security forces. ‘‘(B) An assessment of the workforce of the Insti- tute, including whether it is appropriately sized to align with the full scope of the mission of the Insti- tute. ‘‘(C) A review of the funding mechanisms for the activities of the Institute, including the current mechanisms for reimbursing the Institute by the Department of State and by the Department of De- fense through the budget of the Defense Security Cooperation Agency. ‘‘(D) An evaluation of the feasibility and advis- ability of the provision of funds appropriated for the Department of Defense directly to the Insti- tute, and the actions, if any, required to authorize the Institute to receive such funds directly. ‘‘(E) A description of the challenges, if any, faced by the Institute to increase its capacity to provide residence courses to meet demands for training and assistance. ‘‘(F) An assessment of the capacity of the Depart- ment of Defense to assess, monitor, and evaluate the effectiveness of the human rights training and other activities of the Institute. ‘‘(3) REPORT.—Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Sec- retary shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a report summarizing the findings of the review and any recommendations for enhancing the capa- bility of the Institute to fulfill its mission that the Secretary considers appropriate. ‘‘(d) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— ‘‘(1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act [Dec. 12, 2017], the Comptroller General of the United States shall sub- mit to the appropriate committees of Congress a re- port that sets forth the following: ‘‘(A) A description of the mechanisms and au- thorities used by the Department of Defense and the Department of State to conduct training of for- eign security forces on human rights and inter- national humanitarian law. ‘‘(B) A description of the funding used to support the training described in subparagraph (A). ‘‘(C) A description and assessment of the method- ology used by each of the Department of Defense and the Department of State to assess the effective- ness of such training. ‘‘(D) Such recommendations for improvements to such training as the Comptroller General considers appropriate. ‘‘(E) Such other matters relating to such training as the Comptroller General considers appropriate. ‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee on Foreign Relations, and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Armed Services, the Com- mittee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.’’ § 341. Department of Defense State Partnership Program (a) AUTHORITY.— (1) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of Page 384 TITLE 10—ARMED FORCES § 341 activities described in paragraph (2), to sup- port the security cooperation objectives of the United States, between members of the Na- tional Guard of a State or territory and any of the following: (A) The military forces of a foreign coun- try. (B) The security forces of a foreign coun- try. (C) Governmental organizations of a for- eign country whose primary functions in- clude disaster response or emergency re- sponse. (2) STATE PARTNERSHIP.—Each program es- tablished under this subsection shall be known as a ‘‘State Partnership’’. (b) LIMITATIONS.— (1) IN GENERAL.—An activity with forces re- ferred to in subsection (a)(1)(B) or organiza- tions described in subsection (a)(1)(C) under a program established under subsection (a) may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States. (2) PROHIBITION ON ACTIVITIES WITH UNITS THAT HAVE COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The conduct of any assistance activities under a program established under subsection (a) shall be subject to the provi- sions of section 362 of this title. (c) COORDINATION OF ACTIVITIES.—The Chief of the National Guard Bureau shall designate a di- rector for each State and territory to be respon- sible for the coordination of activities under a program established under subsection (a) for such State or territory and reporting on activi- ties under the program. (d) REGULATIONS.—This section shall be car- ried out in accordance with such regulations as the Secretary of Defense shall prescribe for pur- poses of this section. Such regulations shall in- clude accounting procedures to ensure that ex- penditures of funds to carry out this section are accounted for and appropriate. (e) AVAILABILITY OF AUTHORIZED FUNDS FOR PROGRAM.— (1) IN GENERAL.—Funds authorized to be ap- propriated to the Department of Defense, in- cluding funds authorized to be appropriated for the Army National Guard and Air National Guard, are authorized to be available— (A) for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program estab- lished under subsection (a); and (B) for payment of incremental expenses of a foreign country to conduct activities under a program established under sub- section (a). (2) LIMITATIONS.— (A) ACTIVE DUTY REQUIREMENT.—Funds shall not be available under paragraph (1) for the participation of a member of the Na- tional Guard of a State or territory in ac- tivities in a foreign country unless the mem- ber is on active duty in the Armed Forces at the time of such participation. (B) INCREMENTAL EXPENSES.—The total amount of payments for incremental ex- penses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000. (f) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to supersede any au- thority under title 10 as in effect on December 26, 2013. (Added and amended Pub. L. 114–328, div. A, title XII, § 1246(a)–(c), (d)(1), (2)(B), Dec. 23, 2016, 130 Stat. 2520, 2521; Pub. L. 115–232, div. A, title XII, § 1210, Aug. 13, 2018, 132 Stat. 2023; Pub. L. 116–92, div. A, title XVII, § 1731(a)(16), Dec. 20, 2019, 133 Stat. 1813.) Editorial Notes CODIFICATION Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a) to (g) of section 1205 of Pub. L. 113–66, div. A, title XII, Dec. 26, 2013, 127 Stat. 897, as amended, which was formerly set out as a note under section 107 of Title 32, National Guard, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1246(e), Dec. 23, 2016, 130 Stat. 2521. AMENDMENTS 2019—Subsec. (e)(2)(A). Pub. L. 116–92 inserted period at end. 2018—Subsec. (b)(2). Pub. L. 115–232 inserted ‘‘assist- ance’’ after ‘‘any’’. 2016—Subsec. (b). Pub. L. 114–328, § 1246(b), substituted ‘‘Limitations’’ for ‘‘Limitation’’ in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2). Subsec. (d). Pub. L. 114–328, § 1246(c)(1), added subsec. (d) and struck out former subsec. (d) which required the Secretary of Defense to prescribe regulations to carry out this section and to notify Congress. Subsec. (f). Pub. L. 114–328, § 1246(d)(2)(B), redesig- nated subsec. (g) as (f) and struck out former subsec. (f) which required annual reports for fiscal years 2016, 2017, and 2018. Pub. L. 114–328, § 1246(d)(1)(A), substituted ‘‘Annual Reports’’ for ‘‘Reports and Notifications’’ in subsec. heading, added par. (1) and struck out former par. (1) which related to a review and report of programs under the State Partnership Program as in effect on Dec. 26, 2013, redesignated par. (2)(B) as par. (2), substituted ‘‘Matters to be included’’ for ‘‘Annual report’’ in par. (2) heading, and struck out former par. (2)(A) which re- quired reports on activities under programs established under subsec. (a). Subsec. (f)(2). Pub. L. 114–328, § 1246(d)(1)(B)(i), redes- ignated cls. (i) to (vi) of former par. (2)(B) as subpars. (A) to (F), respectively, of par. (2) and realigned mar- gins. Subsec. (f)(2)(F). Pub. L. 114–328, § 1246(d)(1)(B)(ii), substituted ‘‘subparagraph (E)’’ for ‘‘clause (v)’’. Subsec. (g). Pub. L. 114–328, § 1246(d)(2)(B)(ii), redesig- nated subsec. (g) as (f). Pub. L. 114–328, § 1246(c)(2), substituted ‘‘under title 10 as in effect on December 26, 2013.’’ for ‘‘under title 10, United States Code, as in effect on the date of the en- actment of this Act.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title XII, § 1246(d)(2), Dec. 23, 2016, 130 Stat. 2521, provided that the amendment made by section 1246(d)(2)(B) is effective as of Jan. 1, 2020. Page 385 TITLE 10—ARMED FORCES § 342 § 342. Regional Centers for Security Studies (a) IN GENERAL.—The Secretary of Defense shall administer the Department of Defense Re- gional Centers for Security Studies in accord- ance with this section as international venues for bilateral and multilateral research, commu- nication, exchange of ideas, and training involv- ing military and civilian participants. (b) REGIONAL CENTERS SPECIFIED.—(1) A De- partment of Defense Regional Center for Secu- rity Studies is a Department of Defense institu- tion that— (A) is operated, and designated as such, by the Secretary of Defense for the study of secu- rity issues relating to a specified geographic region of the world; and (B) serves as a forum for bilateral and multi- lateral research, communication, exchange of ideas, and training involving military and ci- vilian participants. (2) The Department of Defense Regional Cen- ters 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 Hemi- spheric 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 lo- cated in Washington, D.C. (F) The Ted Stevens Center for Arctic Secu- rity Studies, established in 2021 and located in Anchorage, Alaska. (3) No institution or element of the Depart- ment of Defense may be designated as a Depart- ment 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 car- ried out under regulations prescribed by the Secretary. The regulations shall prioritize with- in 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 gov- ernance. (d) PARTICIPATION.—Participants in activities of the Regional Centers may include United States and foreign military, civilian, and non- governmental personnel. (e) EMPLOYMENT AND COMPENSATION OF FAC- ULTY.—At each Regional Center, the Secretary may, subject to the availability of appropria- tions— (1) employ a Director, a Deputy Director, and as many civilians as professors, instruc- tors, and lecturers as the Secretary considers necessary; and (2) prescribe the compensation of such per- sons, in accordance with Federal guidelines. (f) PAYMENT OF COSTS.—(1) Participation in ac- tivities of a Regional Center shall be on a reim- bursable basis (or by payment in advance), ex- cept in a case in which reimbursement is waived in accordance with paragraph (3). (2) For a foreign national participant, pay- ment of costs may be made by the participant, the participant’s own government, by a Depart- ment or agency of the United States other than the Department of Defense, or by a gift or dona- tion on behalf of one or more Regional Centers accepted under section 2611 of this title on be- half of the participant’s government. (3)(A) The Secretary of Defense may waive re- imbursement of the costs of activities of the Re- gional 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 reim- bursement is in the national security interest of the United States. Costs for which reimburse- ment is waived pursuant to this paragraph shall be paid from appropriations available to the Re- gional Centers. (B)(i) The Secretary of Defense may, with the concurrence of the Secretary of State, waive re- imbursement otherwise required under this sub- section 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 deter- mines that attendance of such personnel with- out 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 cur- rently available to the Department of Defense for the Regional Center that incurred the costs. Funds so credited shall be merged with the ap- propriation to which credited and shall be avail- able to that Regional Center for the same pur- poses and same period as the appropriation with which merged. (5) Funds available for the payment of per- sonnel 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 appropria- tions 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 Direc- tor of a Regional Center may enter into agree- ments with the Secretaries of the military de- partments, 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 CEN- TER.—(1) The Secretary of Defense may author-