10 U.S.C. § 312 — Payment of personnel expenses necessary

Page 366 TITLE 10—ARMED FORCES § 312 Defense, a pilot program to enhance engagement of the Department with young civilian defense and security leaders in the Indo-Pacific region. ‘‘(b) PURPOSES.—The activities of the pilot program under subsection (a) shall include training of, and en- gagement with, young civilian leaders from foreign partner ministries of defense and other appropriate ministries with a defense-related national security mis- sion in the Indo-Pacific region for purposes of— ‘‘(1) enhancing bilateral and multilateral coopera- tion between— ‘‘(A) civilian leaders in the Department; and ‘‘(B) civilian leaders in foreign partner ministries of defense and other appropriate ministries with a defense-related national security mission; and ‘‘(2) building the capacity of young civilian leaders in foreign partner ministries of defense and other ap- propriate ministries with a defense-related national security mission to promote civilian control of the military, respect for human rights, and adherence to the law of armed conflict. ‘‘(c) PRIORITY.—In carrying out the pilot program under subsection (a), the Secretary of Defense shall prioritize engagement with civilian leaders in foreign partner ministries of defense and other appropriate ministries with a defense-related national security mis- sion who are 40 years of age or younger. ‘‘(d) BRIEFINGS.— ‘‘(1) DESIGN OF PILOT PROGRAM.—Not later than June 1, 2023, the Secretary of Defense, in consultation with the Secretary of State, shall provide a briefing to the appropriate committees of Congress on the de- sign of the pilot program under subsection (a). ‘‘(2) PROGRESS BRIEFING.—Not later than December 31, 2023, and annually thereafter until the date on which the pilot program terminates under subsection (e), the Secretary of Defense, in consultation with the Secretary of State, shall provide a briefing to the ap- propriate committees of Congress on the pilot pro- gram that includes— ‘‘(A) a description of the activities conducted and the results of such activities; ‘‘(B) an identification of existing authorities used to carry out the pilot program; ‘‘(C) any recommendations related to new au- thorities or modifications to existing authorities necessary to more effectively achieve the objectives of the pilot program; and ‘‘(D) any other matter the Secretary of Defense considers relevant. ‘‘(e) TERMINATION.—The pilot program under sub- section (a) shall terminate on December 31, 2026. ‘‘(f) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this section, the term ‘appropriate commit- tees of Congress’ means— ‘‘(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ 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, pro- vided 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 Lib- eration 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 sub- section (b). ‘‘(b) COVERED EXCHANGES AND CONTACTS.—Subsection (a) applies to any military-to-military exchange or con- tact that includes inappropriate exposure to any of the following: ‘‘(1) Force projection operations. ‘‘(2) Nuclear operations. ‘‘(3) Advanced combined-arms and joint combat op- erations. ‘‘(4) Advanced logistical operations. ‘‘(5) Chemical and biological defense and other ca- pabilities related to weapons of mass destruction. ‘‘(6) Surveillance and reconnaissance operations. ‘‘(7) Joint warfighting experiments and other ac- tivities 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 ex- ercise.’’ § 312. Payment of personnel expenses necessary for theater security cooperation (a) AUTHORITY.—The Secretary of Defense may pay expenses specified in subsection (b) that the Secretary considers necessary for theater secu- rity cooperation. (b) TYPES OF EXPENSES.—The expenses that may be paid under the authority provided in subsection (a) are the following: (1) PERSONNEL EXPENSES.—The Secretary of Defense may pay travel, subsistence, and simi- lar personnel expenses of, and special com- pensation for, the following that the Secretary considers necessary for theater security co- operation: (A) Defense personnel of friendly foreign governments. (B) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and non-governmental per- sonnel. (2) ADMINISTRATIVE SERVICES AND SUPPORT FOR LIAISON OFFICERS.—The Secretary of De- fense may provide administrative services and support for the performance of duties by a liai- son officer of a foreign country while the liai- son officer is assigned temporarily to any headquarters in the Department of Defense. (3) TRAVEL, SUBSISTENCE, AND MEDICAL CARE FOR LIAISON OFFICERS.—The Secretary of De- fense may pay the expenses of a liaison officer in connection with the assignment of that offi- cer as described in paragraph (2) if the assign- ment is requested by the commander of a com- batant command, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, the Chief of Space Oper- ations, or the head of a Defense Agency as fol- lows: (A) Travel and subsistence expenses. (B) Personal expenses directly necessary to carry out the duties of that officer in con- nection with that assignment. (C) Expenses for medical care at a civilian medical facility if— (i) adequate medical care is not available to the liaison officer at a local military medical treatment facility; (ii) the Secretary determines that pay- ment of such medical expenses is nec- Page 367 TITLE 10—ARMED FORCES § 313 essary and in the best interests of the United States; and (iii) medical care is not otherwise avail- able to the liaison officer pursuant to any treaty or other international agreement. (D) Mission-related travel expenses if such travel meets each of the following condi- tions: (i) The travel is in support of the na- tional security interests of the United States. (ii) The officer or official making the re- quest directs round-trip travel from the assigned location to one or more travel lo- cations. (4) CONFERENCES, SEMINARS, AND SIMILAR MEETINGS.—The authority provided by para- graph (1) includes authority to pay travel and subsistence expenses for personnel described in that paragraph in connection with the attend- ance of such personnel at any conference, sem- inar, or similar meeting that is in direct sup- port of enhancing interoperability between the United States armed forces and the national security forces of a friendly foreign country for the purposes of conducting operations, the provision of equipment or training, or the planning for, or the execution of, bilateral or multilateral training, exercises, or military operations. (5) OTHER EXPENSES.—In addition to the per- sonnel expenses payable under paragraph (1), the Secretary of Defense may pay such other limited expenses in connection with con- ferences, seminars, and similar meetings cov- ered by paragraph (4) as the Secretary con- siders appropriate in the national security in- terests of the United States. (c) LIMITATIONS ON EXPENSES PAYABLE.— (1) PERSONNEL FROM DEVELOPING COUN- TRIES.—The authority provided in subsection (a) may be used only for the payment of ex- penses of, and special compensation for, per- sonnel from developing countries, except that the Secretary of Defense may authorize the payment of such expenses and special com- pensation for personnel from a country other than a developing country if the Secretary de- termines that such payment is necessary to respond to extraordinary circumstances and is in the national security interest of the United States. (2) NON-DEFENSE LIAISON OFFICERS.—In the case of a non-defense liaison officer of a for- eign country, the authority of the Secretary of Defense under subsection (a) to pay expenses specified in paragraph (2) or (3) of subsection (b) may be exercised only if the assignment of that liaison officer as a liaison officer with the Department of Defense was accepted by the Secretary of Defense with the coordination of the Secretary of State. (d) REIMBURSEMENT.—The Secretary of Defense may provide the services and support specified in subsection (b)(2) with or without reimburse- ment from (or on behalf of) the recipients. The terms of reimbursement (if any) shall be speci- fied in the appropriate agreements used to as- sign the liaison officer. (e) MONETARY LIMITATIONS ON EXPENSES PAY- ABLE.— (1) TRAVEL AND SUBSISTENCE EXPENSES GEN- ERALLY.—Travel and subsistence expenses au- thorized to be paid under subsection (a) may not, in the case of any individual, exceed the amount that would be paid under chapter 7 or 8 of title 37 to a member of the armed forces (of a comparable grade) for authorized travel of a similar nature. (2) TRAVEL AND RELATED EXPENSES OF LIAI- SON OFFICERS.—The amount paid for expenses specified in subsection (b)(3) for any liaison of- ficer in any fiscal year may not exceed $150,000. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations for the administra- tion of this section. Such regulations shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives. (g) ADMINISTRATIVE SERVICES AND SUPPORT DE- FINED.—In this section, the term ‘‘administra- tive services and support’’ includes base or in- stallation support services, office space, utili- ties, copying services, fire and police protection, training programs conducted to familiarize, ori- ent, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, and computer support. (Added Pub. L. 114–328, div. A, title XII, § 1243(a), Dec. 23, 2016, 130 Stat. 2514; amended Pub. L. 116–283, div. A, title IX, § 924(b)(11), Jan. 1, 2021, 134 Stat. 3823.) Editorial Notes PRIOR PROVISIONS A prior section 312 was renumbered section 247 of this title. AMENDMENTS 2021—Subsec. (b)(3). Pub. L. 116–283 inserted ‘‘the Chief of Space Operations,’’ after ‘‘the Commandant of the Marine Corps,’’ in introductory provisions. § 313. Bilateral or regional cooperation pro- grams: awards and mementos to recognize superior noncombat achievements or per- formance (a) GENERAL AUTHORITY.—The Secretary of De- fense may present awards and mementos pur- chased with funds appropriated for operation and maintenance of the armed forces to recog- nize superior noncombat achievements or per- formance by members of friendly foreign forces and other foreign nationals that significantly enhance or support the National Security Strat- egy of the United States. (b) ACTIVITIES THAT MAY BE RECOGNIZED.—Ac- tivities that may be recognized under subsection (a) include superior achievement or performance that— (1) plays a crucial role in shaping the inter- national security environment in ways that protect and promote United States interests; (2) supports or enhances United States over- seas presence and peacetime engagement ac- tivities, including defense cooperation initia- tives, security assistance training and pro- grams, and training and exercises with the armed forces;