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10 U.S.C. § 345Irregular Warfare Center and Regional Defense Fellowship Program

submitted 23 years ago by Pub. L. 108-136 to r/title-10-ARMED-FORCES · 1,409 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Defense Secretary may run the Irregular Warfare Center and a Regional Defense Fellowship Program. These educate and train U.S. and foreign military and civilian personnel on irregular warfare and counterterrorism. Spending is capped at $35 million a year, under rules and yearly reports to Congress.

(a) Authorities — The Secretary of Defense may operate a Center for Strategic Studies in Irregular Warfare, called the "Irregular Warfare Center," following the requirements in (c). The Secretary may also run the "Regional Defense Fellowship Program," educating and training foreign personnel at military or civilian schools, the Irregular Warfare Center, regional centers, conferences, seminars, or other training programs about regional defense, irregular warfare, or combating terrorism. The Secretary may pay: travel, living, and similar expenses, plus special pay, for foreign defense personnel attending the Center or Program; for other foreign government and non-government personnel too, with the Secretary of State's agreement; and for foreign and U.S. government personnel needed to run these authorities. The Secretary may also pay costs of running the Irregular Warfare Center — research, communication, sharing ideas, building and reviewing curriculum, and training U.S. and foreign participants, plus keeping up an international network of irregular-warfare experts — and costs of staying engaged with the Program's alumni to support Defense Department goals on irregular warfare and counterterrorism. (b) Regulations for the Fellowship Program — The Secretary of Defense and Secretary of State must jointly write regulations governing the Program. These regulations must ensure the two Secretaries jointly plan Program activities that advance U.S. security cooperation goals and support combatant commands' security planning, and coordinate on carrying them out; that each Secretary names a coordination official at the lowest fitting level; and that Program activities line up with — and do not duplicate or clash with — International Military Education and Training (IMET) activities, as much as practical. Whenever the regulations are updated, the Secretary of Defense must send Congress's Armed Services Committees a copy of the update and a description of what changed. (c) Irregular Warfare Center — Its mission is to be the central place for building the Defense Department's knowledge of irregular warfare, working with key partners and allies, by: coordinating the Department's irregular-warfare education plans and standards; supporting research on irregular warfare, strategic competition, and the Department's role in interagency work; working with other federal agencies, academia, nonprofits, civil society, and international partners on irregular-warfare security challenges; building curriculum and running training for U.S. and foreign participants; and serving as the central hub for irregular-warfare resources and lessons learned across the Department. The Secretary may, if funds are available, hire a Director, Deputy Director, and civilian professors, instructors, and lecturers for the Center, at pay levels the Secretary sets. To promote integration across government and civil society, the Secretary may partner with a college or university (as defined in the Higher Education Act of 1965), either through an intergovernmental support agreement or through a contract, cooperative agreement, or grant via the Defense Security Cooperation University. The Secretary must decide whether a government-owned, contractor-run partnership — like the kind used for University Affiliated Research Centers — would best serve the Center's mission. The Secretary must set guidance for the roles of Department components running the Center, including: the Under Secretary of Defense for Policy and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, for policy oversight; that Assistant Secretary, as Executive Agent supporting the Center's operation; and any other official the Secretary names. (d) Limitation — No more than $35,000,000 a year may be spent under the Fellowship Program authority in (a)(1)(B). Money available for a fiscal year may still fund programs that start that year but finish in the next one. (e) Annual Report — By December 1 each year, the Secretary must send Congress a report on how this section was run that year, including: a full accounting of spending under (a), listing the countries of participating foreign officers and the total cost paid per country; which training courses foreign officers and officials attended, noting which were held overseas; an assessment of how well the Fellowship Program, including alumni engagement, is building foreign government cooperation with the United States; steps being taken to improve the Program, including any unfunded or unmet training needs; how the Program fits each geographic combatant command's security priorities; and how the past year's training used lessons learned from ongoing conflicts. (f) Annual Review — By December 1, 2024, and every year after, the Secretary must review whether the Irregular Warfare Center's structure and activities properly match the Department's and combatant commands' strategic priorities, and may revise the Center's structure and activities based on that review.
the actual law source: uscode.house.gov ↗public domain
(a)Authorities.—
(1)In general.—

The Secretary of Defense may—

(A)

operate and administer a Center for Strategic Studies in Irregular Warfare, to be known as the “Irregular Warfare Center”, in accordance with the requirements described in subsection (c); and

(B)

carry out a program, to be known as the “Regional Defense Fellowship Program”, to provide for the education and training of foreign personnel described in paragraph (2) at military or civilian educational institutions, the Irregular Warfare Center, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with irregular warfare or combating terrorism.

(2)Covered costs.—

The Secretary may pay the following costs associated with exercising the authorities under this section:

(A)

Costs of travel, subsistence, and similar personnel expenses of, and special compensation for—

(i)

defense personnel of friendly foreign governments to attend activities of the Irregular Warfare Center or attend the Regional Defense Fellowship Program;

(ii)

with the concurrence of the Secretary of State, other personnel of friendly foreign governments and non-governmental personnel to attend activities of the Irregular Warfare Center or attend the Regional Defense Fellowship Program; and

(iii)

foreign personnel and United States Government personnel necessary for the administration and execution of the authorities under this section.

(B)

Costs associated with the administration and operation of the Irregular Warfare Center, including costs associated with—

(i)

research, communication, the exchange of ideas, curriculum development and review, and training of military and civilian participants of the United States and other countries, as the Secretary considers necessary; and

(ii)

maintaining an international network of irregular warfare policymakers and practitioners to achieve the objectives of the Department of Defense and the Department of State.

(C)

Costs associated with strategic engagement with alumni of the Regional Defense Fellowship Program to address Department of Defense objectives and planning on irregular warfare and combating terrorism topics.

(b)Regulations for Regional Defense Fellowship Program.—
(1)In general.—

The authorities granted to the Secretary of Defense under subsection (a)(1)(B) shall be carried out under regulations prescribed by the Secretary of Defense and the Secretary of State.

(2)Elements.—

The regulations shall ensure that—

(A)

the Secretary of Defense and the Secretary of State—

(i)

jointly develop and plan activities under the program that—

(I)

advance United States security cooperation objectives; and

(II)

support theater security cooperation planning of the combatant commands; and

(ii)

coordinate on the implementation of activities under the program;

(B)

each of the Secretary of Defense and the Secretary of State designates an individual at the lowest appropriate level of the Department of Defense or the Department of State, as applicable, who shall be responsible for program coordination; and

(C)

to the extent practicable, activities under the program are appropriately coordinated with, and do not duplicate or conflict with, activities under International Military Education and Training (IMET) authorities.

(3)Submittal to congress.—

Upon any update of the regulations, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the regulations as so updated, together with a description of the update.

(c)Irregular Warfare Center.—
(1)Mission.—

The mission of the Irregular Warfare Center shall be to serve as a central mechanism for developing the irregular warfare knowledge of the Department of Defense and advancing the understanding of irregular warfare concepts and doctrine, in collaboration with key partners and allies, by—

(A)

coordinating and aligning Department education curricula, standards, and objectives related to irregular warfare;

(B)

facilitating research on irregular warfare, strategic competition, and the role of the Department in supporting interagency activities relating to irregular warfare;

(C)

engaging and coordinating with Federal departments and agencies and with academia, nongovernmental organizations, civil society, and international partners to discuss and coordinate efforts on security challenges in irregular warfare;

(D)

developing curriculum and conducting training and education of military and civilian participants of the United States and other countries, as determined by the Secretary of Defense; and

(E)

serving as a coordinating body and central repository for irregular warfare resources, including educational activities and programs, and lessons learned across components of the Department.

(2)Employment and compensation of faculty.—

With respect to the Irregular Warfare Center—

(A)

the Secretary of Defense may, subject to the availability of appropriations, employ a Director, a Deputy Director, and such civilians as professors, instructors, and lecturers, as the Secretary considers necessary; and

(B)

compensation of individuals employed under this section shall be as prescribed by the Secretary.

(3)Partnership with institution of higher education.—
(A)In general.—

In operating the Irregular Warfare Center, to promote integration throughout the United States Government and civil society across the full spectrum of irregular warfare competition and conflict challenges, the Secretary of Defense may partner with an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

(B)Types of partnerships.—

The Secretary may establish a partnership under subparagraph (A) by—

(i)

entering into an intergovernmental support agreement pursuant to section 2679 of this title; or

(ii)

entering into a contract or cooperative agreement or awarding a grant through the Defense Security Cooperation University.

(C)Determination required.—

The Secretary of Defense shall make a determination with respect to the desirability of partnering with an institution of higher education in a Government-owned, contractor-operated partnership, such as the partnership structure used by the Department of Defense for University Affiliated Research Centers, for meeting the mission requirements of the Irregular Warfare Center.

(4)Roles and responsibilities.—

The Secretary of Defense shall prescribe guidance for the roles and responsibilities of the relevant components of the Department of Defense in the administration, operation, and oversight of the Irregular Warfare Center, which shall include the roles and responsibilities of the following:

(A)

The Under Secretary of Defense for Policy and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in policy oversight and governance structure of the Center.

(B)

“The 1 Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, as the Executive Agent in support of the operation of the Center.

(C)

Any other official of the Department of Defense, as determined by the Secretary.

(d)Limitation.—

The total amount of funds used under the authority in subsection (a)(1)(B) in any fiscal year may not exceed $35,000,000. Amounts available under the authority in subsection (a)(1)(B) for a fiscal year may be used for programs that begin in such fiscal year but end in the next fiscal year.

(e)Annual Report.—

Not later than December 1 of each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the administration of this section during the fiscal year ended in such year. The report shall include the following matters:

(1)

A complete accounting of the expenditure of appropriated funds for purposes authorized under subsection (a), including—

(A)

the countries of the foreign officers and officials for whom costs were paid; and

(B)

for each such country, the total amount of the costs paid.

(2)

The training courses attended by the foreign officers and officials, including a specification of which, if any, courses were conducted in foreign countries.

(3)

An assessment of the effectiveness of the program referred to in subsection (a)(1)(B), including engagement activities for program alumni, in increasing the cooperation of the governments of foreign countries with the United States.

(4)

A discussion of any actions being taken to improve the program, including a list of any unfunded or unmet training requirements and requests.

(5)

A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.

(6)

A discussion of how the training from the previous year incorporated lessons learned from ongoing conflicts.

(f)Annual Review of Irregular Warfare Center.—

Not later than December 1, 2024, and annually thereafter, the Secretary of Defense—

(1)

shall conduct a review of the structure and activities of the Irregular Warfare Center to determine whether such structure and activities are appropriately aligned with the strategic priorities of the Department of Defense and the applicable combatant commands; and

(2)

may, after an annual review under paragraph (1), revise the relevant structure and activities so as to more appropriately align such structure and activities with the strategic priorities and combatant commands.

Source credit: (Added Pub. L. 108–136, div. A, title XII, § 1221(a)(1), Nov. 24, 2003, 117 Stat. 1651, § 2249c; amended Pub. L. 109–364, div. A, title XII, § 1204(a)–(d)(2), Oct. 17, 2006, 120 Stat. 2415; Pub. L. 110–417, [div. A], title XII, § 1209(a), Oct. 14, 2008, 122 Stat. 4627; Pub. L. 113–66, div. A, title X, § 1032(a), Dec. 26, 2013, 127 Stat. 850; renumbered § 345 and amended Pub. L. 114–328, div. A, title XII, § 1247(a)–(c), Dec. 23, 2016, 130 Stat. 2521; Pub. L. 115–232, div. A, title XII, § 1209(a), (b)(1), Aug. 13, 2018, 132 Stat. 2022, 2023; Pub. L. 117–263, div. A, title XII, § 1204(a), Dec. 23, 2022, 136 Stat. 2827; Pub. L. 119–60, div. A, title XII, § 1204, Dec. 18, 2025, 139 Stat. 1081.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-136 · 117 Stat. 1651
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2415
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4627
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 850
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2521
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 2022, 2023
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2827
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1081

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-136 on 2003-11-24.

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