10 U.S.C. § 321 — Training with friendly foreign countries:

Page 368 TITLE 10—ARMED FORCES § 321 (3) helps to deter aggression and coercion, build coalitions, and promote regional sta- bility; or (4) serves as a role model for appropriate conduct by military forces in emerging democ- racies. (c) LIMITATION.—Expenditures for the purchase or production of mementos for award under this section may not exceed the minimal value in ef- fect under section 7342(a)(5) of title 5. (Added Pub. L. 108–136, div. A, title XII, § 1222(a), Nov. 24, 2003, 117 Stat. 1652, § 1051b; renumbered § 313, Pub. L. 114–328, div. A, title XII, § 1241(b), Dec. 23, 2016, 130 Stat. 2500.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 1051b of this title as this section. SUBCHAPTER III—TRAINING WITH FOREIGN FORCES Sec. 321. Training with friendly foreign countries: pay- ment of training and exercise expenses. 322. Special operations forces: training with friendly foreign forces. § 321. Training with friendly foreign countries: payment of training and exercise expenses (a) TRAINING AUTHORIZED.— (1) TRAINING WITH FOREIGN FORCES GEN- ERALLY.—The armed forces under the jurisdic- tion of the Secretary of Defense may train with the military forces or other security forces of a friendly foreign country if the Sec- retary determines that it is in the national se- curity interest of the United States to do so. (2) LIMITATION ON TRAINING OF GENERAL PUR- POSE FORCES.—The general purpose forces of the United States armed forces may train only with the military forces of a friendly foreign country. (3) TRAINING TO SUPPORT MISSION ESSENTIAL TASKS.—Any training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, support the mission essential tasks for which the unit of the United States armed forces participating in such training is responsible. (4) ELEMENTS OF TRAINING.—Any training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, include ele- ments that promote— (A) observance of and respect for human rights and fundamental freedoms; and (B) respect for legitimate civilian author- ity within the foreign country concerned. (b) AUTHORITY TO PAY TRAINING AND EXERCISE EXPENSES.—Under regulations prescribed pursu- ant to subsection (e), the Secretary of a military department or the commander of a combatant command may pay, or authorize payment for, any of the following expenses: (1) Expenses of training forces assigned or allocated to that command in conjunction with training, and training with, the military forces or other security forces of a friendly foreign country under subsection (a). (2) Expenses of deploying such forces for that training. (3) The incremental expenses of a friendly foreign country as the direct result of partici- pating in such training, as specified in the reg- ulations. (4) The incremental expenses of a friendly foreign country as the direct result of partici- pating in an exercise with the armed forces under the jurisdiction of the Secretary of De- fense. (5) Small-scale construction that is directly related to the effective accomplishment of the training described in paragraph (1) or an exer- cise described in paragraph (4). (c) PURPOSE OF TRAINING AND EXERCISES.— (1) IN GENERAL.—The primary purpose of the training and exercises for which payment may be made under subsection (b) shall be to train United States forces. (2) SELECTION OF FOREIGN PARTNERS.—Train- ing and exercises with friendly foreign coun- tries under subsection (a) should be planned and prioritized consistent with applicable guidance relating to the security cooperation programs and activities of the Department of Defense. (d) AVAILABILITY OF FUNDS FOR ACTIVITIES THAT CROSS FISCAL YEARS.—Amounts available for the authority to pay expenses in subsection (b) for a fiscal year may be used to pay expenses under that subsection for training and exercises that begin in such fiscal year but end in the next fiscal year. (e) QUARTERLY NOTICE ON PLANNED TRAINING.— Not later than the end of the first calendar quar- ter beginning after the date of the enactment of the National Defense Authorization Act for Fis- cal Year 2017, and every calendar quarter there- after, the Secretary of Defense shall submit to the appropriate committees of Congress a notice setting forth the schedule of planned training engagement pursuant to subsection (a) during the calendar quarter first following the calendar quarter in which such notice is submitted. (f) REGULATIONS.— (1) IN GENERAL.—The Secretary of Defense shall prescribe regulations for the administra- tion of this section. The Secretary shall sub- mit the regulations to the Committees on Armed Services of the Senate and the House of Representatives. (2) ELEMENTS.—The regulations required under this section shall provide the following: (A) A requirement that training and exer- cise activities may be carried out under this section only with the prior approval of the Secretary. (B) Accounting procedures to ensure that the expenditures pursuant to this section are appropriate. (C) Procedures to limit the payment of in- cremental expenses to friendly foreign coun- tries only to developing countries, except in the case of exceptional circumstances as specified in the regulations. (Added Pub. L. 99–661, div. A, title XIII, § 1321(a)(1), Nov. 14, 1986, 100 Stat. 3988, § 2010; amended Pub. L. 105–85, div. A, title X, § 1073(a)(35), Nov. 18, 1997, 111 Stat. 1902; Pub. L. Page 369 TITLE 10—ARMED FORCES § 322 110–417, [div. A], title XII, § 1203(a), Oct. 14, 2008, 122 Stat. 4622; Pub. L. 112–81, div. A, title X, § 1061(12), Dec. 31, 2011, 125 Stat. 1583; renumbered § 321 and amended Pub. L. 114–328, div. A, title XII, § 1244(a), Dec. 23, 2016, 130 Stat. 2516; Pub. L. 115–232, div. A, title XII, § 1204(c)(1)(B), Aug. 13, 2018, 132 Stat. 2017.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (e), is the date of enactment of Pub. L. 114–328, which was approved Dec. 23, 2016. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–232 substituted ‘‘the first calendar quarter’’ for ‘‘the first calender quarter’’ and ‘‘every calendar quarter’’ for ‘‘every calender quar- ter’’. 2016—Pub. L. 114–328 renumbered section 2010 of this title as this section and amended it generally. Prior to amendment, section related to payment of incremental expenses for participation of developing countries in combined exercises. 2011—Subsecs. (b) to (e). Pub. L. 112–81 redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out former subsec. (b) which read as follows: ‘‘The Sec- retary of Defense shall submit to Congress a report each year, not later than March 1, containing— ‘‘(1) a list of the developing countries for which ex- penses have been paid by the United States under this section during the preceding year; and ‘‘(2) the amounts expended on behalf of each gov- ernment.’’ 2008—Subsecs. (d), (e). Pub. L. 110–417 added subsec. (d) and redesignated former subsec. (d) as (e). 1997—Subsec. (e). Pub. L. 105–85 struck out subsec. (e) which read as follows: ‘‘Not more than $13,400,000 may be obligated or expended for the purposes of this sec- tion during fiscal years 1987 through 1991.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–417, [div. A], title XII, § 1203(b), Oct. 14, 2008, 122 Stat. 4622, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2008, and shall apply with re- spect to bilateral and multilateral military exercises described in section 2010 [now 321] of title 10, United States Code, as so amended, that begin on or after that date.’’ TEMPORARY AUTHORITY TO PROVIDE TRAINING TO MILI- TARY FORCES OR NATIONAL SECURITY FORCES OF COSTA RICA AND PANAMA Pub. L. 118–159, div. A, title XII, § 1209, Dec. 23, 2024, 138 Stat. 2097, provided that: ‘‘In conducting training with friendly foreign countries under section 321 of title 10, United States Code, notwithstanding sub- section (a)(2) of that section, beginning on the date of the enactment of this Act [Dec. 23, 2024] and ending on December 31, 2030, the general purpose forces of the United States Armed Forces may train with the mili- tary forces or national security forces of the following countries: ‘‘(1) Costa Rica. ‘‘(2) Panama.’’ PROHIBITION ON PARTICIPATION OF THE PEOPLE’S RE- PUBLIC OF CHINA IN RIM OF THE PACIFIC (RIMPAC) NAVAL EXERCISES Pub. L. 115–232, div. A, title XII, § 1259, Aug. 13, 2018, 132 Stat. 2058, as amended by Pub. L. 117–263, div. A, title XII, § 1253, Dec. 23, 2022, 136 Stat. 2850, provided that: ‘‘(a) CONDITIONS FOR FUTURE PARTICIPATION IN RIMPAC.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall not enable or facilitate the participation of the Peo- ple’s Republic of China in any Rim of the Pacific (RIMPAC) naval exercise unless the Secretary cer- tifies to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] that China has— ‘‘(A) ceased all land reclamation activities in the South China Sea; ‘‘(B) removed all weapons from its land reclama- tion sites; ‘‘(C) established a consistent four-year track record of taking actions toward stabilizing the re- gion; and ‘‘(D) ceased committing genocide in China, as ar- ticulated in the Department of State’s Country Re- port on Human Rights Practices released on April 12, 2022, and engaged in a credible justice and ac- countability process for all victims of such geno- cide. ‘‘(2) FORM.—The certification under paragraph (1) shall be in unclassified form but may contain a clas- sified annex as necessary. ‘‘(b) NATIONAL SECURITY WAIVER.— ‘‘(1) IN GENERAL.—The Secretary of Defense may waive the certification requirement under subsection (a) if the Secretary determines the waiver is in the national security interest of the United States and submits to the congressional defense committees a detailed justification for the waiver. ‘‘(2) FORM.—The justification required under para- graph (1) shall be in unclassified form but may con- tain a classified annex as necessary.’’ § 322. Special operations forces: training with friendly foreign forces (a) AUTHORITY TO PAY TRAINING EXPENSES.— Under regulations prescribed pursuant to sub- section (c), the commander of the special oper- ations command established pursuant to section 167 of this title and the commander of any other unified or specified combatant command may pay, or authorize payment for, any of the fol- lowing expenses: (1) Expenses of training special operations forces assigned to that command in conjunc- tion with training, and training with, armed forces and other security forces of a friendly foreign country. (2) Expenses of deploying such special oper- ations forces for that training. (3) In the case of training in conjunction with a friendly developing country, the incre- mental expenses incurred by that country as the direct result of such training. (b) PURPOSE OF TRAINING.—The primary pur- pose of the training for which payment may be made under subsection (a) shall be to train the special operations forces of the combatant com- mand. (c) REGULATIONS.—The Secretary of Defense shall prescribe regulations for the administra- tion of this section. The regulations shall re- quire that training activities may be carried out under this section only with the prior approval of the Secretary of Defense. The regulations shall establish accounting procedures to ensure that the expenditures pursuant to this section are appropriate. (d) DEFINITIONS.—In this section: (1) The term ‘‘special operations forces’’ in- cludes civil affairs forces and military infor- mation support operations forces.