§427 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can set up a Conflict Records Research Center. The Center will build a digital library of captured records (with translations) and support research and analysis. It must protect national security secrets, people’s private information, and intelligence methods. The Center should make many records available to qualified researchers quickly but safely. It will produce and share research to help understand war, terrorism, and international relations. It will work with scholars and national security experts at home and abroad and must get agreement from the Director of National Intelligence when those intelligence communities are involved. Other federal agencies can help with staff, services, or money. The Secretary can accept gifts or donations from state or local governments, foreign governments, foundations (including foreign), or private-sector sources, so long as the gifts do not compromise the Department’s fairness or program integrity. The Secretary must publish rules for deciding this. Money given or transferred for the Center goes into the Defense Department account for the Center and stays available until spent. Captured record: documents, audio, video, or other material taken during combat. Gift or donation: money, materials, property, or services.

Title 10, §427

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may establish a center to be known as the “Conflict Records Research Center” (in this section referred to as the “Center”).

(b)The purposes of the Center shall be the following:

(1)To establish a digital research database, including translations, and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States, with rigid adherence to academic freedom and integrity.

(2)Consistent with the protection of national security information, personally identifiable information, and intelligence sources and methods, to make a significant portion of these records available to researchers as quickly and responsibly as possible while taking into account the integrity of the academic process and risks to innocents or third parties.

(3)To conduct and disseminate research and analysis to increase the understanding of factors related to international relations, counterterrorism, and conventional and unconventional warfare and, ultimately, enhance national security.

(4)To collaborate with members of academic and broad national security communities, both domestic and international, on research, conferences, seminars, and other information exchanges to identify topics of importance for the leadership of the United States Government and the scholarly community.

(c)The Secretary of Defense shall seek the concurrence of the Director of National Intelligence to the extent the efforts and activities of the Center involve the entities referred to in subsection (b)(4).

(d)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)(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)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)In this section:

(1)The term “captured record” means a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States.

(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).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 427, added Pub. L. 109–364, div. A, title IX, § 932(a), Oct. 17, 2006, 120 Stat. 2362, related to submission of an annual report on intelligence oversight activities of the Department of Defense, prior to repeal by Pub. L. 112–81, div. A, title X, § 1061(4)(A), Dec. 31, 2011, 125 Stat. 1583.

§427 Conflict Records Research Center

Summary

Title 10, §427

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata