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10 U.S.C. § 311 — Exchange of defense personnel between United States and friendly foreign countries: authority
Federal law — U.S. Code and appendices · legal_authorities
**(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, subj
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Source location: Title 10, Chapter 16, § 311; chapter-016-security-cooperation.md
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**(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.
(C) Costs incident to the use of the facilities of the host government in the performance of assigned duties.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 103–337, div. A, title XIII, § 1316(a)(1), Oct. 5, 1994, 108 Stat. 2898; amended Pub. L. 104–106, div. A, title IV, § 416, Feb. 10, 1996, 110 Stat. 289; Pub. L. 108–375, div. A, title IV, § 416(e), Oct. 28, 2004, 118 Stat. 1868; Pub. L. 110–181, div. A, title XII, § 1201, Jan. 28, 2008, 122 Stat. 363; Pub. L. 110–417, [div. A], title XII, § 1202(a), Oct. 14, 2008, 122 Stat. 4622, related to military-to-military contacts and comparable activities.
#### Update of Policy Guidance on Authority for Assignment of Civilian Employees of the Department of Defense as Advisors to Foreign Ministries of Defense and Regional Organizations
Pub. L. 113–291, div. A, title X, § 1047(b), Dec. 19, 2014, 128 Stat. 3495, required the Under Secretary of Defense for Policy to issue an update of the policy of the Department of Defense for assignment of civilian employees of the Department as advisors to foreign ministries of defense and regional organizations under the authority in section 1081 of Pub. L. 112–81, formerly set out as a note under this section.
Pub. L. 113–66, div. A, title X, § 1094(a)(2), Dec. 26, 2013, 127 Stat. 878, required the Under Secretary of Defense for Policy to issue an update of the policy of the Department of Defense for assignment of civilian employees of the Department as advisors to foreign ministries of defense under the authority in section 1081 of Pub. L. 112–81, formerly set out as a note under this section.
#### Defense Institution Capacity Building Program
Pub. L. 112–81, div. A, title X, § 1081, Dec. 31, 2011, 125 Stat. 1599, as amended by Pub. L. 113–66, div. A, title X, § 1094(a)(1), (3)–(5), Dec. 26, 2013, 127 Stat. 878; Pub. L. 113–291, div. A, title X, § 1047(a), (c), Dec. 19, 2014, 128 Stat. 3494, 3495;
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in [section 313 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section313&num=0&edition=prelim), under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
**(b)** The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Of the amounts made available to the Department of Defense, none may be used for any training, equipment, or other assistance for a unit of a foreign security force if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights.
(2) The Secretary of Defense shall, in consultation with the Secretary of State, ensure that prior to a decision to provide any training, equipment, or other assistance to a unit of a foreign security force full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit.
**(b) Exception.—** The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after consultation with the Secretary of State, determines that the government of such country has taken all necessary corrective steps, or if the equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.
**(c) Waiver.—** The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a)(1) if the Secretary determines that the waiver is required by extraordinary circumstances.
**(d) Procedures.—** The Secretary of Defense shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State.
**(e) Report.—** Not later than 15 days after the application of any exception under subsection (b) or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the appropriate commi
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The terms “appropriate congressional committees” and “appropriate committees of Congress” mean—
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2) The term “defense article” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)).
(3) The term “defense service” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)).
(4) The term “developing country” has the meaning prescribed by the Secretary of Defense for purposes of this chapter in accordance with section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017.
(5) The term “incremental expenses”, with respect to a foreign country—
(A) means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country’s participation in activities authorized by this chapter; and
(B) does not include—
(i) any form of lethal assistance (excluding training ammunition); or
(ii) pay, allowances, and other normal costs of the personnel of the country.
(6) The term “national security forces”, in the case of a foreign country, means the following:
(A) National military and national-level security forces of the foreign country that have the functional
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual Report Required.—** Not later than March 31 of each year, the Secretary of Defense shall submit to the appropriate congressional committees a report that sets forth, on a country-by-country basis, an overview of security cooperation activities carried out by the Department of Defense during the fiscal year in which such report is submitted, using the authorities specified in subsection (b).
**(b) Elements of Report.—** Each report required under subsection (a) shall include, with respect to each country and for the entirety of the period covered by such report, the following:
(1) A narrative summary that provides—
(A) a brief overview of the primary security cooperation objectives for the activities encompassed by the report; and
(B) a description of how such activities advance the theater security cooperation strategy of the relevant geographic combatant command.
(2) A table that includes an aggregated amount with respect to each of the following:
(A) With respect to [section 331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section331&num=0&edition=prelim), the value of all logistic support, supplies, and services for which notice is required by such section.
(B) With respect to amounts made available for [section 332(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section332/a&num=0&edition=prelim), the Department of Defense cost to provide any Department personnel as advisors to a ministry of defense.
(C) With respect to amounts made available for [section 332(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section332/b&num=0&edition=prelim), the Department of Defense incremental execution costs to conduct activities unde
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Federal law — U.S. Code and appendices · legal_authorities
Page 362
TITLE 10—ARMED FORCES
§ 311
‘‘(1) LIMITATIONS.—Of funds made available under
this section for any fiscal year—
‘‘(A) not more than $20,000,000 in each fiscal year
is authorized to be obligated and expended under
this section; and
‘‘(B) not more than $3,000,000 may be used to pay
for personnel expenses under subsection (b)(1).
‘‘(2) PROHIBITION.—Funds may not be provided
under this section for any activity that has been de-
nied authorization by Congress.
‘‘(f) ANNUAL REPORT.—Not less frequently than annu-
ally, the Secretary of Defense shall submit to the con-
gressional defense committees [Committee on Armed
Services and Committee on Appropriations of the Sen-
ate and House of Representatives] and the Committee
on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a re-
port on the use of the authority under subsection (a).
‘‘(g) PLAN FOR STRATEGIC COMPETITION INITIATIVE FOR
U.S. SOUTHERN COMMAND AND U.S. AFRICA COMMAND.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall
develop and submit to the congressional defense com-
mittees a plan for an initiative to support programs
and activities for strategic competition in the areas
of responsibility of United States Southern Command
and United States Africa Command.
‘‘(2) REPORT.—Not later than 120 days after the date
of the enactment of this Act [Dec. 27, 2021], the Sec-
retary of Defense shall submit to the congressional
defense committees the plan developed under para-
graph (1).
‘‘(h) TERMINATION.—The authority under subsection
(a) shall terminate on September 30, 2024.’’
PRESCRIPTION OF TERM ‘‘DEVELOPING COUNTRY’’
Pub. L. 114–328, div. A, title XII, § 1241(n), Dec. 23, 2016,
130 Stat. 2511, provided that:
‘‘(1) IN GENERAL.—The Secretary
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 311
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