Collapse to view only § 344. Participation in multinational centers of excellence
- § 341. Department of Defense State Partnership Program
- § 342. Regional Centers for Security Studies
- § 343. Western Hemisphere Institute for Security Cooperation
- § 344. Participation in multinational centers of excellence
- § 345. Irregular Warfare Center and Regional Defense Fellowship Program
- § 346. Distribution to certain foreign personnel of education and training materials and information 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
§ 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 activities described in paragraph (2), to support the security cooperation objectives of the United States, between members of the National Guard of a State or territory and any of the following:
(A) The military forces of a foreign country.
(B) The security forces of a foreign country.
(C) Governmental organizations of a foreign country whose primary functions include disaster response or emergency response.
(2)State partnership.—Each program established under this subsection shall be known as a “State Partnership”.
(b)Limitations.—
(1)In general.—An activity with forces referred to in subsection (a)(1)(B) or organizations 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 provisions of section 362 of this title.
(c)Coordination of Activities.—The Chief of the National Guard Bureau shall designate a director for each State and territory to be responsible for the coordination of activities under a program established under subsection (a) for such State or territory and reporting on activities under the program.
(d)Regulations.—This section shall be carried out in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section. Such regulations shall include accounting procedures to ensure that expenditures 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 appropriated to the Department of Defense, including 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 established under subsection (a); and
(B) for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).
(2)Limitations.—
(A)Active duty requirement.—Funds shall not be available under paragraph (1) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation.
(B)Incremental expenses.—The total amount of payments for incremental expenses 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 authority 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.)
§ 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.)
§ 343. Western Hemisphere Institute for Security Cooperation
(a)Establishment and Administration.—
(1) The Secretary of Defense may operate an education and training facility for the purpose set forth in subsection (b). The facility shall be known as the “Western Hemisphere Institute for Security Cooperation”.
(2) The Secretary may designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
(b)Purpose.—The purpose of the Institute is to provide professional education and training to eligible personnel of countries of the Western Hemisphere within the context of the democratic principles set forth in the Charter of the Organization of American States (such charter being a treaty to which the United States is a party), while fostering mutual knowledge, transparency, confidence, and cooperation among the participating countries and promoting democratic values, respect for human rights, and knowledge and understanding of United States customs and traditions.
(c)Eligible Personnel.—
(1) Subject to paragraph (2), personnel of countries of the Western Hemisphere are eligible for education and training at the Institute as follows:
(A) Military personnel.
(B) Law enforcement personnel.
(C) Civilian personnel.
(2) The Secretary of State shall be consulted in the selection of foreign personnel for education or training at the Institute.
(d)Curriculum.—
(1) The curriculum of the Institute shall include mandatory instruction for each student, for at least 8 hours, on human rights, the rule of law, due process, civilian control of the military, and the role of the military in a democratic society.
(2) The curriculum may include instruction and other educational and training activities on the following:
(A) Leadership development.
(B) Counterdrug operations.
(C) Peace support operations.
(D) Disaster relief.
(E) Any other matter that the Secretary determines appropriate.
(e)Board of Visitors.—
(1) There shall be a Board of Visitors for the Institute. The Board shall be composed of the following:
(A) The chairman and ranking minority member of the Committee on Armed Services of the Senate, or a designee of either of them.
(B) The chairman and ranking minority member of the Committee on Armed Services of the House of Representatives, or a designee of either of them.
(C) Six persons designated by the Secretary of Defense including, to the extent practicable, persons from academia and the religious and human rights communities.
(D) One person designated by the Secretary of State.
(E) The senior military officer responsible for training and doctrine for the Army or, if the Secretary of the Navy or the Secretary of the Air Force is designated as the executive agent of the Secretary of Defense under subsection (a)(2), the senior military officer responsible for training and doctrine for the Navy or Marine Corps or for the Air Force or Space Force, respectively, or a designee of the senior military officer concerned.
(F) The commanders of the combatant commands having geographic responsibility for the Western Hemisphere, or the designees of those officers.
(2) A vacancy in a position on the Board shall be filled in the same manner as the position was originally filled.
(3) The Board shall meet at least once each year.
(4)
(A) The Board shall inquire into the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Institute, other matters relating to the Institute that the Board decides to consider, and any other matter that the Secretary of Defense determines appropriate.
(B) The Board shall review the curriculum of the Institute to determine whether—
(i) the curriculum complies with applicable United States laws and regulations;
(ii) the curriculum is consistent with United States policy goals toward Latin America and the Caribbean;
(iii) the curriculum adheres to current United States doctrine; and
(iv) the instruction under the curriculum appropriately emphasizes the matters specified in subsection (d)(1).
(5) Not later than 60 days after its annual meeting, the Board shall submit to the Secretary of Defense a written report of its activities and of its views and recommendations pertaining to the Institute.
(6) Members of the Board shall not be compensated by reason of service on the Board.
(7) With the approval of the Secretary of Defense, the Board may accept and use the services of voluntary and uncompensated advisers appropriate to the duties of the Board without regard to section 1342 of title 31.
(8) Members of the Board and advisers whose services are accepted under paragraph (7) shall be allowed travel and transportation expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Board. Allowances under this paragraph shall be computed—
(A) in the case of members of the Board who are officers or employees of the United States, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5; and
(B) in the case of other members of the Board and advisers, as authorized under section 5703 of title 5 for employees serving without pay.
(9) Chapter 10 of title 5, other than section 1013 of title 5 (relating to termination after two years), shall apply to the Board.
(f)Authority To Accept Foreign Gifts and Donations.—
(1) The Secretary of Defense may, on behalf of the Institute, accept foreign gifts or donations in order to defray the costs of, or enhance the operation of, the Institute.
(2) Funds received by the Secretary under paragraph (1) shall be credited to appropriations available for the Department of Defense for the Institute. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Institute for the same purposes and same period as the appropriations with which merged.
(3) The Secretary of Defense shall notify Congress if the total amount of money accepted under paragraph (1) exceeds $1,000,000 in any fiscal year. Any such notice shall list each of the contributors of such money and the amount of each contribution in such fiscal year.
(4) For the purposes of this subsection, a foreign gift or donation is a gift or donation of funds, materials (including research materials), property, or services (including lecture services and faculty services) from a foreign government, a foundation or other charitable organization in a foreign country, or an individual in a foreign country.
(g)Fixed Costs.—The fixed costs of operating and maintaining the Institute for a fiscal year may be paid from—
(1) any funds available for that fiscal year for operation and maintenance for the executive agent designated under subsection (a)(2); or
(2) if no executive agent is designated under subsection (a)(2), any funds available for that fiscal year for the Department of Defense for operation and maintenance for Defense-wide activities.
(h)Tuition.—Tuition fees charged for persons who attend the Institute may not include the fixed costs of operating and maintaining the Institute.
(i)Annual Report.—Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a detailed report on the activities of the Institute during the preceding year. The report shall include a copy of the latest report of the Board of Visitors received by the Secretary under subsection (e)(5), together with any comments of the Secretary on the Board’s report. The report shall be prepared in consultation with the Secretary of State.
(Added Pub. L. 106–398, § 1 [[div. A], title IX, § 911(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–226, § 2166; amended Pub. L. 107–107, div. A, title X, § 1048(a)(16), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107–314, div. A, title IX, § 932, Dec. 2, 2002, 116 Stat. 2625; Pub. L. 110–181, div. A, title IX, § 956, Jan. 28, 2008, 122 Stat. 296; renumbered § 343 and amended Pub. L. 114–328, div. A, title XII, § 1241(f), Dec. 23, 2016, 130 Stat. 2507; Pub. L. 116–283, div. A, title IX, § 924(b)(12), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117–286, § 4(a)(45), Dec. 27, 2022, 136 Stat. 4310.)
§ 344. Participation in multinational centers of excellence
(a)Participation Authorized.—The Secretary of Defense may, with the concurrence of the Secretary of State, authorize the participation of members of the armed forces and Department of Defense civilian personnel in any multinational center of excellence for purposes of—
(1) enhancing the ability of military forces and civilian personnel of the nations participating in such center to engage in joint exercises or coalition or international military operations; or
(2) improving interoperability between the armed forces and the military forces of friendly foreign nations.
(b)Memorandum of Understanding.—
(1) The participation of members of the armed forces or Department of Defense civilian personnel in a multinational center of excellence under subsection (a) shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, or entered into by the Secretary of State, and the foreign nation or nations concerned.
(2) If Department of Defense facilities, equipment, or funds are used to support a multinational center of excellence under subsection (a), the memoranda of understanding under paragraph (1) with respect to that center shall provide details of any cost-sharing arrangement or other funding arrangement.
(c)Availability of Appropriated Funds.—
(1) Funds appropriated to the Department of Defense for operation and maintenance are available as follows:
(A) To pay the United States share of the operating expenses of any multinational center of excellence in which the United States participates under this section.
(B) To pay the costs of the participation of members of the armed forces and Department of Defense civilian personnel in multinational centers of excellence under this section, including the costs of expenses of such participants.
(2) No funds may be used under this section to fund the pay or salaries of members of the armed forces and Department of Defense civilian personnel who participate in multinational centers of excellence under this section.
(d)Use of Department of Defense Facilities and Equipment.—Facilities and equipment of the Department of Defense may be used for purposes of the support of multinational centers of excellence under this section that are hosted by the Department.
(e)Notification.—Not later than 30 days before the date on which the Secretary of Defense authorizes participation under subsection (a) in a new multinational center of excellence, the Secretary shall notify the congressional defense committees of such participation.
(f)Multinational Center Of Excellence Defined.—In this section, the term “multinational center of excellence” means—
(1) an entity sponsored by one or more nations that is accredited and approved by the Military Committee of the North Atlantic Treaty Organization (NATO) as offering recognized expertise and experience to personnel participating in the activities of such entity for the benefit of NATO by providing such personnel opportunities to—
(A) enhance education and training;
(B) improve interoperability and capabilities;
(C) assist in the development of doctrine;
(D) validate concepts through experimentation;
(2) the European Centre of Excellence for Countering Hybrid Threats, established in 2017 and located in Helsinki, Finland; and
(3) the International Special Training Centre, established in 1979 and located in Pfullendorf, Germany.
(Added Pub. L. 110–417, [div. A], title XII, § 1232(a)(1), Oct. 14, 2008, 122 Stat. 4637, § 2350m; amended Pub. L. 112–239, div. A, title X, § 1076(f)(25), Jan. 2, 2013, 126 Stat. 1953; renumbered § 344 and amended Pub. L. 114–328, div. A, title XII, § 1241(g), Dec. 23, 2016, 130 Stat. 2507; Pub. L. 116–283, div. A, title XII, § 1206(a), Jan. 1, 2021, 134 Stat. 3912; Pub. L. 117–263, div. A, title XII, § 1203, Dec. 23, 2022, 136 Stat. 2826.)
§ 345. Irregular Warfare Center and Regional Defense Fellowship Program
(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 Director of the Defense Security Cooperation Agency, 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.
(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.)
§ 346. Distribution to certain foreign personnel of education and training materials and information technology to enhance military interoperability with the armed forces
(a)Distribution Authorized.—To enhance interoperability between the armed forces and military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, may—
(1) provide to personnel referred to in subsection (b) electronically-distributed learning span for the education and training of such personnel for the development or enhancement of allied and friendly military and civilian capabilities for multinational operations, including joint exercises and coalition operations; and
(2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning span for the education and training of such personnel.
(b)Authorized Recipients.—The personnel to whom learning span and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign government, with the permission of that government.
(c)Education and Training.—Any education and training provided under subsection (a) shall include the following:
(1) Internet-based education and training.
(2) Advanced distributed learning and similar Internet learning tools, as well as distributed training and computer-assisted exercises.
(d)Applicability of Export Control Regimes.—The provision of learning span and information technology under this section shall be subject to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and any other export control regime under law relating to the transfer of military technology to foreign countries.
(e)Guidance on Utilization of Authority.—
(1)Guidance required.—The Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority in this section.
(2)Modification.—If the Secretary modifies the guidance issued under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report setting forth the modified guidance not later than 30 days after the date of such modification.
(Added Pub. L. 110–417, [div. A], title XII, § 1205(a)(1), Oct. 14, 2008, 122 Stat. 4623, § 2249d; renumbered § 346 and amended Pub. L. 114–328, div. A, title XII, § 1241(h), Dec. 23, 2016, 130 Stat. 2507.)
§ 347. International engagement authorities for service academies
(a)Selection of Persons From Foreign Countries To Receive Instruction at Service Academies.—
(1)Attendance authorized.—
(A)In general.—
(i) in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets of the Academy under section 7442 of this title;
(ii) in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under section 8454 of this title; and
(iii) in the case of the United States Air Force Academy, the authorized strength of the Cadet Wing of the Academy under section 9442 of this title.
(B)Limitation on number.—The number of persons permitted to receive instruction at each Service Academy under this subsection may not be more than 60 at any one time.
(2)Determination of foreign countries from which persons may be selected.—The Secretary of a military department, upon approval by the Secretary of Defense, shall determine—
(A) the countries from which persons may be selected for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and
(B) the number of persons that may be selected from each country.
(3)Qualifications and selection.—The Secretary of each military department—
(A) may establish entrance qualifications and methods of competition for selection among individual applicants under this subsection; and
(B) shall select those persons who will be permitted to receive instruction at the Service Academy under the jurisdiction of the Secretary under this subsection.
(4)Selection priority to persons with national service obligation upon graduation.—In selecting persons to receive instruction under this subsection from among applicants from the countries approved under paragraph (2), the Secretary of the military department concerned shall give a priority to persons who have a national service obligation to their countries upon graduation from the Service Academy concerned.
(5)Pay, allowances, and emoluments of persons admitted.—A person receiving instruction under this subsection is entitled to the pay, allowances, and emoluments of a cadet or midshipman appointed from the United States, and from the same appropriations.
(6)Reimbursement of costs by foreign countries from which persons are admitted.—
(A)Reimbursement required.—Each foreign country from which a cadet or midshipman is permitted to receive instruction at one of the Service Academies under this subsection shall reimburse the United States for the cost of providing such instruction, including the cost of pay, allowances, and emoluments provided under paragraph (5). The Secretaries of the military departments shall prescribe the rates for reimbursement under this paragraph, except that the reimbursement rates may not be less than the cost to the United States of providing such instruction, including pay, allowances, and emoluments, to a cadet or midshipman appointed from the United States.
(B)Waiver authority.—The Secretary of Defense may waive, in whole or in part, the requirement for reimbursement of the cost of instruction for a cadet or midshipman under subparagraph (A). In the case of a partial waiver, the Secretary of Defense shall establish the amount waived.
(7)Applicability of academy regulations, etc.—
(A)In general.—Except as the Secretary of the military department concerned determines, a person receiving instruction under this subsection at the Service Academy under the jurisdiction of that Secretary is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a cadet or midshipman at that Academy appointed from the United States.
(B)Classified information.—The Secretary of the military department concerned may prescribe regulations with respect to access to classified information by a person receiving instruction under this subsection at the Service Academy under the jurisdiction of that Secretary that differ from the regulations that apply to a cadet or midshipman at that Academy appointed from the United States.
(8)Ineligibility for appointment in the united states armed forces.—A person receiving instruction at a Service Academy under this subsection is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy.
(9)Inapplicability of requirement for taking oath of admission.—A person receiving instruction under this subsection is not subject to section 7446(d), 8458(d), or 9446(d) of this title, as the case may be.
(b)Exchange Programs With Foreign Military Academies.—
(1)Exchange programs authorized.—The Secretary of a military department may permit a student enrolled at a military academy of a foreign country to receive instruction at the Service Academy under the jurisdiction of that Secretary in exchange for a cadet or midshipman receiving instruction at that foreign military academy pursuant to an exchange agreement entered into between the Secretary and appropriate officials of the foreign country. A student receiving instruction at a Service Academy under the exchange program under this subsection shall be in addition to persons receiving instruction at the Academy under subsection (a).
(2)Limitations on number and duration of exchanges.—An exchange agreement under this subsection between the Secretary and a foreign country shall provide for the exchange of students on a one-for-one basis each fiscal year. Not more than 100 cadets or midshipmen from each Service Academy and a comparable number of students from foreign military academies participating in the exchange program may be exchanged during any fiscal year. The duration of an exchange may not exceed the equivalent of one academic semester at a Service Academy.
(3)Costs and expenses.—
(A)No pay and allowances.—A student from a military academy of a foreign country is not entitled to the pay, allowances, and emoluments of a cadet or midshipman by reason of attendance at a Service Academy under the exchange program, and the Department of Defense may not incur any cost of international travel required for transportation of such a student to and from the sponsoring foreign country.
(B)Subsistence, transportation, etc.—The Secretary of the military department concerned may provide a student from a foreign country under the exchange program, during the period of the exchange, with subsistence, transportation within the continental United States, clothing, health care, and other services to the same extent that the foreign country provides comparable support and services to the exchanged cadet or midshipman in that foreign country.
(C)Source of funds.—A Service Academy shall bear all costs of the exchange program from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with the exchange program.
(D)Limitation on expenditures.—Expenditures in support of the exchange program from funds appropriated for each Academy may not exceed $1,000,000 during any fiscal year.
(4)Application of other laws.—Paragraphs (7), (8), and (9) of subsection (a) shall apply with respect to a student enrolled at a military academy of a foreign country while attending a Service Academy under the exchange program.
(5)Regulations.—The Secretary of the military department concerned shall prescribe regulations to implement this subsection. Such regulations may include qualification criteria and methods of selection for students of foreign military academies to participate in the exchange program.
(c)Foreign and Cultural Exchange Activities.—
(1)Attendance authorized.—The Secretary of a military department may authorize the Service Academy under the jurisdiction of that Secretary to permit students, officers, and other representatives of a foreign country to attend that Academy for periods of not more than four weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross-cultural interactions and understanding, and cultural immersion of cadets or midshipmen, as the case may be.
(2)Effect of attendance.—Persons attending a Service Academy under paragraph (1) are not considered to be students enrolled at that Academy and are in addition to persons receiving instruction at that Academy under subsection (a) or (b).
(3)Financial matters.—
(A)Costs and expenses.—The Secretary of a military department may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Service Academy under the jurisdiction of that Secretary under paragraph (1).
(B)Source of funds.—Each Service Academy shall bear the costs of the attendance of persons at that Academy under paragraph (1) from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
(C)Limitation on expenditures.—Expenditures from appropriated funds in support of activities under this subsection for any Service Academy may not exceed $40,000 during any fiscal year.
(d)Service Academy Defined.—In this section, the term “Service Academy” means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(Added Pub. L. 114–328, div. A, title XII, § 1248(a), Dec. 23, 2016, 130 Stat. 2522; amended Pub. L. 115–91, div. A, title X, § 1081(a)(18), Dec. 12, 2017, 131 Stat. 1595; Pub. L. 115–232, div. A, title VIII, § 809(a), title XII, § 1204(c)(1)(D), Aug. 13, 2018, 132 Stat. 1840, 2017.)
§ 348. Aviation Leadership Program
(a)In General.—Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may carry out an Aviation Leadership Program to provide undergraduate pilot training and necessary related training to personnel of the air forces of friendly, developing foreign countries. Training under this section shall include language training and programs to promote better awareness and understanding of the democratic institutions and social framework of the United States.
(b)Supplies and Clothing.—
(1) The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this section—
(A) transportation incident to the training;
(B) supplies and equipment to be used during the training;
(C) flight clothing and other special clothing required for the training; and
(D) billeting, food, and health services.
(2) The Secretary may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this section.
(c)Allowances.—The Secretary of the Air Force may pay to a person receiving training under this section a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.
(Added Pub. L. 114–328, div. A, title XII, § 1241(i)(1), Dec. 23, 2016, 130 Stat. 2507.)
§ 349. Inter-American Air Forces Academy
(a)Operation.—The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training to military personnel of Central and South American countries, Caribbean countries, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
(b)Limitations.—
(1)Concurrence of secretary of state.—Military personnel of a foreign country may be provided education and training under this section only with the concurrence of the Secretary of State.
(2)Assistance otherwise prohibited by law.—Education and training may not be provided under this section to the military personnel of any country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
(c)Costs.—The fixed costs of operating and maintaining the Inter-American Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.
(Added Pub. L. 101–510, div. A, title III, § 330(a), Nov. 5, 1990, 104 Stat. 1535, § 9415; renumbered § 349 and amended Pub. L. 114–328, div. A, title XII, § 1241(j), Dec. 23, 2016, 130 Stat. 2508.)
§ 350. Inter-European Air Forces Academy
(a)Operation.—The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy (in this section referred to as the “Academy”).
(b)Purpose.—The purpose of the Academy shall be to provide military education and training to military personnel of countries that are—
(1) members of the North Atlantic Treaty Organization;
(2) signatories to the Partnership for Peace Framework Documents; or
(3)
(A) within the United States Africa Command area of responsibility; and
(B) eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
(c)Limitations.—
(1)Concurrence of secretary of state.—Military personnel of a country may be provided education and training under this section only with the concurrence of the Secretary of State.
(2)Assistance otherwise prohibited by law.—Education and training may not be provided under this section to the military personnel of any country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
(d)Supplies and Clothing.—The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving education and training under this section the following:
(1) Transportation incident to such education and training.
(2) Supplies and equipment to be used during such education and training.
(3) Billeting, food, and health services in connection with the receipt of such education and training.
(e)Living Allowance.—The Secretary of the Air Force may pay to a person receiving education and training under this section a living allowance at a rate to be prescribed by the Secretary, taking into account the rates of living allowances authorized for a member of the Armed Forces under similar circumstances.
(f)Funding.—Amounts for the operations and maintenance of the Academy, and for the provision of education and training through the Academy, may be paid from funds available for the Air Force for operation and maintenance.
(Added Pub. L. 114–328, div. A, title XII, § 1241(k)(1), Dec. 23, 2016, 130 Stat. 2508; amended Pub. L. 116–283, div. A, title XII, § 1205, Jan. 1, 2021, 134 Stat. 3912.)
§ 351. Inter-American Defense College
(a)Authority To Support.—The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American Defense College, including the use of Department of Defense facilities and equipment, as the Secretary considers necessary to—
(1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines; and
(2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.
(b)Memorandum of Understanding.—
(1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memorandum of understanding with the Inter-American Defense Board for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College under subsection (a).
(2) If Department of Defense facilities, equipment, or funds will be used to support the Inter-American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other funding arrangement relating to the use of such facilities, equipment, or funds.
(3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.
(c)Use of Funds.—
(1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including—
(A) the costs of expenses of such participants;
(B) the cost of hiring and retaining qualified professors, instructors, and lecturers;
(C) curriculum support costs, including administrative costs, academic outreach, and curriculum support personnel;
(D) the cost of translation and interpretation services;
(E) the cost of information and educational technology;
(F) the cost of utilities; and
(G) the cost of maintenance and repair of facilities.
(2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this section.
(3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fiscal year.
(d)Waiver of Reimbursement.—The Secretary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title) of the costs of funding and other host nation support provided to the Inter-American Defense College under this section if the Secretary determines that the provision of such funding or support without reimbursement is in the national security interest of the United States.
(e)Logistic Support, Supplies, and Services Defined.—In this section, the term “logistic support, supplies, and services” has the meaning given that term in section 2350 of this title.
(Added Pub. L. 115–232, div. A, title XII, § 1207(a), Aug. 13, 2018, 132 Stat. 2019.)
§ 352. Naval Small Craft Instruction and Technical Training School
(a)In General.—The Secretary of Defense may operate an education and training facility known as the “Naval Small Craft Instruction and Technical Training School” (in this section referred to as the “School”).
(b)Designation of Executive Agent.—The Secretary of Defense shall designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
(c)Purpose.—The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training under any other provision of law related to naval small craft instruction and training and to increase professionalism, readiness, and respect for human rights through formal courses of instruction or mobile training teams for—
(1) the operation, employment, maintenance, and logistics of specialized equipment;
(2) participation in—
(A) joint exercises; or
(B) coalition or international military operations; and
(3) improved interoperability between—
(A) the armed forces; and
(B) the military and other security forces of the one or more friendly foreign countries.
(d)Limitation on Personnel Eligible To Receive Education and Training.—The Secretary of Defense may not provide education or training at the School to any personnel of a country that is prohibited from receiving such education or training under any other provision of law.
(e)Fixed Costs.—The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts made available for such fiscal year for operation and maintenance of the Department of Defense.
(f)Annual Report.—Not later than March 15 each year, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a detailed report on the activities and operating costs of the School during the preceding fiscal year.
(Added Pub. L. 115–232, div. A, title XII, § 1208(a)(1), Aug. 13, 2018, 132 Stat. 2021.)