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10 U.S.C. § 409 — Center for Complex Operations

submitted 18 years ago by Pub. L. 110-417 to r/title-10-ARMED-FORCES · 624 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary of Defense create a Center for Complex Operations. The Center coordinates training, research, and best practices for stability, security, and counterinsurgency missions. Other agencies can send staff or funding, and the Secretary may accept outside gifts within limits.

(a) Center Authorized
The Secretary of Defense may set up a "Center for Complex Operations."

(b) Purposes
The Center exists to: (1) coordinate how Department of Defense and other U.S. government personnel prepare for complex operations; (2) build unity of effort during complex operations among U.S. agencies, foreign governments and militaries, international organizations (governmental and nongovernmental), and domestic nongovernmental organizations; (3) research, collect, analyze, and share lessons learned and best practices about complex operations; and (4) find gaps in training and education about complex operations for Defense and other relevant government personnel, and help close those gaps.

(c) Concurrence of the Secretary of State
When the Center's work involves foreign governments, militaries, or international organizations, the Secretary of Defense must seek the Secretary of State's agreement.

(d) Support From Other United States Government Departments or Agencies
Any other federal agency's head may provide the Center services — including staff support — and may transfer funds to the Secretary of Defense to support the Center.

(e) Acceptance of Gifts and Donations
(1)-(2) The Secretary of Defense may accept gifts or donations to cover the Center's costs or improve its work, from: state or local governments; foreign governments; foundations or charities (including foreign ones); or any private-sector source, U.S. or foreign.
(3) The Secretary may not accept a gift if doing so would compromise, or appear to compromise, the Department's or any employee's or service member's ability to do their job fairly and objectively, or the integrity of any Department program or the people running it.
(4) The Secretary must issue written guidance explaining how to decide whether a proposed gift crosses that line.

(f) Crediting of Funds Transferred or Accepted
Money transferred to, or accepted by, the Secretary of Defense for the Center gets credited to the Department's Center funding and used the same way, under the same rules, as other Department funds. It stays available until spent.

(g) Definitions
(1) "Complex operation" means a stability operation, a security operation, a transition-and-reconstruction operation, a counterinsurgency operation, or an operation involving irregular warfare.
(2) "Gift or donation" means a gift of money, materials (including research materials), real or personal property, or services (including lectures and faculty work).

the actual law source: uscode.house.gov ↗public domain
(a)Center Authorized.—

The Secretary of Defense may establish a center to be known as the “Center for Complex Operations” (in this section referred to as the “Center”).

(b)Purposes.—

The purposes of the Center established under subsection (a) shall be the following:

(1)

To provide for effective coordination in the preparation of Department of Defense personnel and other United States Government personnel for complex operations.

(2)

To foster unity of effort during complex operations among—

(A)

the departments and agencies of the United States Government;

(B)

foreign governments and militaries;

(C)

international organizations and international nongovernmental organizations; and

(D)

domestic nongovernmental organizations.

(3)

To conduct research; collect, analyze, and distribute lessons learned; and compile best practices in matters relating to complex operations.

(4)

To identify gaps in the education and training of Department of Defense personnel, and other relevant United States Government personnel, relating to complex operations, and to facilitate efforts to fill such gaps.

(c)Concurrence of the Secretary of State.—

The Secretary of Defense shall seek the concurrence of the Secretary of State to the extent the efforts and activities of the Center involve the entities referred to in subparagraphs (B) and (C) of subsection (b)(2).

(d)Support From Other United States Government Departments or Agencies.—

The head of any non-Department of Defense department or agency of the United States Government may—

(1)

provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and

(2)

transfer funds to the Secretary of Defense to support the operations of the Center.

(e)Acceptance of Gifts and Donations.—
(1)

Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.

(2)

The sources specified in this paragraph are the following:

(A)

The government of a State or a political subdivision of a State.

(B)

The government of a foreign country.

(C)

A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.

(D)

Any source in the private sector of the United States or a foreign country.

(3)

The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—

(A)

the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or

(B)

the integrity of any program of the Department or of any person involved in such a program.

(4)

The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.

(f)Crediting of Funds Transferred or Accepted.—

Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.

(g)Definitions.—

In this section:

(1)

The term “complex operation” means an operation as follows:

(A)

A stability operation.

(B)

A security operation.

(C)

A transition and reconstruction operation.

(D)

A counterinsurgency operation.

(E)

An operation consisting of irregular warfare.

(2)

The term “gift or donation” means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).

Source credit: (Added Pub. L. 110–417, [div. A], title X, § 1031(a), Oct. 14, 2008, 122 Stat. 4589.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-417 · 122 Stat. 4589

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-417 on 2008-10-14.

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