10 USC § 311 Exchange of defense personnel between United States and friendly foreign countries: authority | United States Code | US Law

10 USC § 311

Exchange of defense personnel between United States and friendly foreign countries: authority

October 30, 2020

USC

(a) Authority To Enter Into International Exchange Agreements.—(1) The Secretary of Defense may enter into international defense personnel exchange agreements. Any exchange of personnel under such an agreement is subject to paragraph (3).

(2) For purposes of this section, an international defense personnel exchange agreement is an agreement with the government of a friendly foreign country or international or regional security organization for the reciprocal or non-reciprocal exchange of—

(A) members of the armed forces and civilian personnel of the Department of Defense; and

(B) military and civilian personnel of the defense or security ministry of that foreign government or international or regional security organization.

(3) An exchange of personnel under an international defense personnel exchange agreement under this section may only be made with the concurrence of the Secretary of State to the extent the exchange is with either of the following:

(A) A non-defense security ministry of a foreign government.

(B) An international or regional security organization.

(b) Assignment of Personnel.—(1) Pursuant to an international defense personnel exchange agreement, personnel of the defense ministry of a foreign government may be assigned to positions in the Department of Defense and personnel of the Department of Defense may be assigned to positions in the defense ministry of such foreign government. Positions to which exchanged personnel are assigned may include positions of instructors.

(2) An agreement for the exchange of personnel engaged in research and development activities may provide for assignment of Department of Defense personnel to positions in private industry that support the defense ministry of the host foreign government, subject to the concurrence of the Secretary of State.

(3) An individual may not be assigned to a position pursuant to an international defense personnel exchange agreement unless the assignment is acceptable to both governments.

(c) Reciprocity of Personnel Qualifications Required.—In the case of an international defense personnel exchange agreement that provides for reciprocal exchanges, each government shall be required to provide personnel with qualifications, training, and skills that are essentially equal to those of the personnel provided by the other government.

(d) Payment of Personnel Costs.—(1) Each government shall pay the salary, per diem, cost of living, travel costs, cost of language or other training, and other costs for its own personnel in accordance with the applicable laws and regulations of such government.

(2) Paragraph (1) does not apply to the following costs:

(A) The cost of temporary duty directed by the host government.

(B) The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding unique aspects of the assignments of the exchanged personnel.

(e) Prohibited Conditions.—No personnel exchanged pursuant to an agreement under this section may take or be required to take an oath of allegiance to the host country or to hold an official capacity in the government of such country.

(f) Relationship to Other Authority.—The requirements in subsections (c) and (d) shall apply in the exercise of any authority of the Secretaries of the military departments to enter into an agreement with the government of a foreign country to provide for the exchange of members of the armed forces and military personnel of the defense or security ministry of that foreign country. The Secretary of Defense may prescribe regulations for the application of such subsections in the exercise of such authority.

Codification

Text of section, as added by Pub. L. 114–328, is based on text of Pub. L. 104–201, div. A, title X, §1082, Sept. 23, 1996, 110 Stat. 2672, which was formerly set out as a note under section 168 of this title, prior to repeal by Pub. L. 114–328, div. A, title XII, §1242(c)(1), Dec. 23, 2016, 130 Stat. 2513.

Prior Provisions

A prior section 311 was renumbered section 246 of this title.

Amendments

2018—Subsec. (a)(3). Pub. L. 115–232 substituted "Secretary of State" for "Secretary to State" in introductory provisions.

2016—Subsec. (a)(1). Pub. L. 114–328, §1242(b)(1)(A), inserted at end "Any exchange of personnel under such an agreement is subject to paragraph (3)."

Subsec. (a)(2). Pub. L. 114–328, §1242(b)(1)(B)(i), substituted "a friendly foreign country or international or regional security organization for the reciprocal or non-reciprocal exchange" for "an ally of the United States or another friendly foreign country for the exchange" in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 114–328, §1242(b)(1)(B)(ii), substituted "members of the armed forces" for "military".

Subsec. (a)(2)(B). Pub. L. 114–328, §1242(b)(1)(B)(iii), inserted "or security" after "defense" and inserted "or international or regional security organization" before period at end.

Subsec. (a)(3). Pub. L. 114–328, §1242(b)(1)(C), added par. (3).

Subsec. (b)(2). Pub. L. 114–328, §1242(b)(2), inserted ", subject to the concurrence of the Secretary of State" before period at end.

Subsec. (c). Pub. L. 114–328, §1242(b)(3), substituted "In the case of" for "Each government shall be required under" and inserted "that provides for reciprocal exchanges, each government shall be required" after "exchange agreement".

Subsec. (f). Pub. L. 114–328, §1242(b)(4), inserted "defense or security ministry of that" after "military personnel of the".

Limitation on Military-to-Military Exchanges and Contacts With Chinese People's Liberation Army

Pub. L. 106–65, div. A, title XII, §1201, Oct. 5, 1999, 113 Stat. 779, as amended by Pub. L. 111–84, div. A, title XII, §1246(d), Oct. 28, 2009, 123 Stat. 2545; Pub. L. 112–81, div. A, title X, §1066(e)(2), Dec. 31, 2011, 125 Stat. 1589, provided that:

"(a) Limitation.—The Secretary of Defense may not authorize any military-to-military exchange or contact described in subsection (b) to be conducted by the armed forces with representatives of the People's Liberation Army of the People's Republic of China if that exchange or contact would create a national security risk due to an inappropriate exposure specified in subsection (b).

"(b) Covered Exchanges and Contacts.—Subsection (a) applies to any military-to-military exchange or contact that includes inappropriate exposure to any of the following:

"(1) Force projection operations.

"(2) Nuclear operations.

"(3) Advanced combined-arms and joint combat operations.

"(4) Advanced logistical operations.

"(5) Chemical and biological defense and other capabilities related to weapons of mass destruction.

"(6) Surveillance and reconnaissance operations.

"(7) Joint warfighting experiments and other activities related to a transformation in warfare.

"(8) Military space operations.

"(9) Other advanced capabilities of the Armed Forces.

"(10) Arms sales or military-related technology transfers.

"(11) Release of classified or restricted information.

"(12) Access to a Department of Defense laboratory.

"(c) Exceptions.—Subsection (a) does not apply to any search-and-rescue or humanitarian operation or exercise."

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