10 U.S.C. § 311 — Exchange of defense personnel between

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 of Defense shall pre- scribe the meaning of the term ‘developing country’ for purposes of chapter 16 of title 10, United States Code, as added by subsection (a)(3), and may from time to time prescribe a revision to the meaning of that term for those purposes. ‘‘(2) INITIAL PRESCRIPTION.—The Secretary shall first prescribe the meaning of the term by not later than 270 days after the date of the enactment of this Act [Dec. 23, 2016]. ‘‘(3) NOTICE TO CONGRESS.—Whenever the Secretary prescribes the meaning of the term pursuant to para- graph (1), the Secretary shall notify the appropriate committees of Congress of the meaning of the term as so prescribed. ‘‘(4) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate com- mittees of Congress’ has the meaning given that term in section 301(1) of title 10, United States Code, as so added.’’ QUADRENNIAL REVIEW OF SECURITY SECTOR ASSISTANCE PROGRAMS AND AUTHORITIES OF THE UNITED STATES GOVERNMENT Pub. L. 114–328, div. A, title XII, § 1252, Dec. 23, 2016, 130 Stat. 2531, provided that: ‘‘(a) STATEMENT OF POLICY.—It is the policy of the United States that the principal goals of the security sector assistance programs and authorities of the United States Government are as follows: ‘‘(1) To assist partner nations in building sustain- able capability to address common security chal- lenges with the United States. ‘‘(2) To promote partner nation support for United States interests. ‘‘(3) To promote universal values, such as good gov- ernance, transparent and accountable oversight of se- curity forces, rule of law, transparency, account- ability, delivery of fair and effective justice, and re- spect for human rights. ‘‘(4) To strengthen collective security and multi- national defense arrangements and organizations of which the United States is a participant. ‘‘(b) QUADRENNIAL REVIEW.— ‘‘(1) REVIEW REQUIRED.—Not later than January 31, 2018, and every four years thereafter though 2034, the President shall complete a review of the security sec- tor assistance programs, policies, authorities, and re- sources of the United States Government across the United States Government. ‘‘(2) ELEMENTS.—Each review under this subsection shall include the following: ‘‘(A) An examination [of] whether the current se- curity sector assistance programs, policies, au- thorities, and resources of the United States Gov- ernment are sufficient to achieve the goals speci- fied in subsection (a), and an identification of any gaps or shortfalls needing mitigation. ‘‘(B) An examination of the success of such pro- grams and resources in achieving such goals, based on a review of relevant departmental and inter- agency programmatic and strategic evaluations. ‘‘(C) An examination of the extent to which the security sector assistance of the United States Gov- ernment is aligned with national security and for- eign policy objectives, conducted in support of clear and coherent policy guidance, and planned and exe- cuted in accordance with identified best practices. ‘‘(D) The development of recommendations, as ap- propriate, for improving the security sector assist- ance programs, policies, authorities, and resources of the United States Government to more effec- tively achieve the goals specified in subsection (a) and support other national security objectives. ‘‘(3) SUBMITTAL TO CONGRESS.—Not later than 60 days after the completion of a review under this sub- section, the President shall submit to the appropriate committees of Congress a report setting forth a sum- mary of the review, including any recommendations developed pursuant to paragraph (2)(D). ‘‘(4) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ has the meaning given that term in section section [sic] 301(1) of title 10, United States Code, as added by section 1241(a)(3) of this Act.’’ [Memorandum of President of the United States, Feb. 8, 2018, 83 F.R. 8739, provided: [Memorandum for the Secretary of State [and] the Secretary of Defense [By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State, in co- ordination with the Secretary of Defense, the functions and authorities vested in the President by section 1252 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) [set out above]. [The delegation in this memorandum shall apply to any provisions of any future public law that are the same or substantially the same as the provision ref- erenced in this memorandum. [The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. [DONALD J. TRUMP.] SUBCHAPTER II—MILITARY-TO-MILITARY ENGAGEMENTS Sec. 311. Exchange of defense personnel between United States and friendly foreign coun- tries: authority. 312. Payment of personnel expenses necessary for theater security cooperation. 313. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance. § 311. Exchange of defense personnel between United States and friendly foreign countries: authority (a) AUTHORITY TO ENTER INTO INTERNATIONAL EXCHANGE AGREEMENTS.—(1) The Secretary of Page 363 TITLE 10—ARMED FORCES § 311 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 inter- national defense personnel exchange agreement is an agreement with the government of a friendly foreign country or international or re- gional 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 de- fense or security ministry of that foreign gov- ernment or international or regional security organization. (3) An exchange of personnel under an inter- national defense personnel exchange agreement under this section may only be made with the concurrence of the Secretary of State to the ex- tent the exchange is with either of the fol- lowing: (A) A non-defense security ministry of a for- eign government. (B) An international or regional security or- ganization. (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 posi- tions in the Department of Defense and per- sonnel of the Department of Defense may be as- signed to positions in the defense ministry of such foreign government. Positions to which ex- changed personnel are assigned may include po- sitions of instructors. (2) An agreement for the exchange of per- sonnel engaged in research and development ac- tivities may provide for assignment of Depart- ment of Defense personnel to positions in pri- vate 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 po- sition pursuant to an international defense per- sonnel exchange agreement unless the assign- ment is acceptable to both governments. (c) RECIPROCITY OF PERSONNEL QUALIFICATIONS REQUIRED.—In the case of an international de- fense personnel exchange agreement that pro- vides for reciprocal exchanges, each government shall be required to provide personnel with qualifications, training, and skills that are es- sentially equal to those of the personnel pro- vided 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 regu- lations of such government. (2) Paragraph (1) does not apply to the fol- lowing 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 as- signments 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 ex- changed 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 for- eign country to provide for the exchange of members of the armed forces and military per- sonnel 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 author- ity. (Added and amended Pub. L. 114–328, div. A, title XII, § 1242(a), (b), Dec. 23, 2016, 130 Stat. 2512, 2513; Pub. L. 115–232, div. A, title XII, § 1204(c)(1)(A), Aug. 13, 2018, 132 Stat. 2017.) Editorial Notes 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 ‘‘Sec- retary of State’’ for ‘‘Secretary to State’’ in introduc- tory provisions. 2016—Subsec. (a)(1). Pub. L. 114–328, § 1242(b)(1)(A), in- serted 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), sub- stituted ‘‘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 ex- change’’ in introductory provisions. Subsec. (a)(2)(A). Pub. L. 114–328, § 1242(b)(1)(B)(ii), substituted ‘‘members of the armed forces’’ for ‘‘mili- tary’’. Subsec. (a)(2)(B). Pub. L. 114–328, § 1242(b)(1)(B)(iii), in- serted ‘‘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 re- quired under’’ and inserted ‘‘that provides for recip- rocal exchanges, each government shall be required’’ after ‘‘exchange agreement’’. Subsec. (f). Pub. L. 114–328, § 1242(b)(4), inserted ‘‘de- fense or security ministry of that’’ after ‘‘military per- sonnel of the’’. Statutory Notes and Related Subsidiaries KEY PARTNERS FOR MIDDLE EAST REGIONAL INTEGRA- TION MILITARY SUBJECT MATTER EXPERT EXCHANGE PROGRAM Pub. L. 118–159, div. A, title XII, § 1221, Dec. 23, 2024, 138 Stat. 2101, provided that: Page 364 TITLE 10—ARMED FORCES § 311 ‘‘(a) IN GENERAL.—The Secretary of Defense, using ex- isting authorities, including section 311 of title 10, United States Code, as applicable, and in consultation with the Secretary of State and the head of any other Federal agency the Secretary of Defense determines ap- propriate, shall design and implement a foreign mili- tary officer subject matter expert exchange program to be known as the ‘Middle East Regional Integration Military Subject Matter Expert Exchange Program’ (referred to in this section as the ‘exchange program’). ‘‘(b) PURPOSE.—The purpose of the exchange program shall be to facilitate interaction, cultural exchange, and mutual learning of members of participating mili- taries in support of Middle East regional integration in order to deepen and expand such integration. ‘‘(c) MEMBERSHIP.— ‘‘(1) COMPOSITION.—The exchange program shall be composed of members of the armed forces of partici- pating militaries in support of Middle East regional integration and members of the Armed Forces of the United States. ‘‘(2) SUBJECT MATTER.— ‘‘(A) IN GENERAL.—The Secretary of Defense shall select exchange program participants with a wide range of experiences collectively covering the tac- tical, operational, and strategic levels. ‘‘(B) PARTICIPANT PAY GRADE LEVELS.—The Sec- retary of Defense shall include in the exchange pro- gram participants at each of the following military pay grades, or equivalent foreign military pay grades: ‘‘(i) E–7 through E–9. ‘‘(ii) CW–3 through CW–5. ‘‘(iii) O–3 through O–9. ‘‘(iv) Such other pay grade levels at the discre- tion of the Secretary of Defense. ‘‘(C) EXPERTISE.—Each participant in the ex- change program shall have expertise in one or more of the following subject matter areas: ‘‘(i) Strategic doctrine. ‘‘(ii) Defense planning. ‘‘(iii) Civilian and military relations. ‘‘(iv) Military law. ‘‘(v) Public affairs. ‘‘(vi) Civil affairs. ‘‘(vii) Military budgeting and acquisitions. ‘‘(viii) Integrated air and missile defense. ‘‘(ix) Integrated maritime domain awareness and interdiction. ‘‘(x) Cyber resilience and defense. ‘‘(xi) Counterterrorism. ‘‘(xii) Defense information sharing. ‘‘(xiii) Any other subject matter area that the Secretary of Defense determines to be appro- priate. ‘‘(d) EXCHANGE PROGRAM CONTENT.—The exchange program— ‘‘(1) shall include learning modalities and methods, as determined by the Exchange Program Coordinator; ‘‘(2) may include separate agendas and experiences for participants in order to— ‘‘(A) facilitate interaction on particular topics; ‘‘(B) cater to participant backgrounds or rank levels; or ‘‘(C) achieve other pedagogical ends as deter- mined by the Exchange Program Coordinator; and ‘‘(3) may include discussion, comparison, and infor- mation regarding the development of— ‘‘(A) defense doctrine; ‘‘(B) exercise development; ‘‘(C) budget planning; ‘‘(D) military law and law of armed conflict; ‘‘(E) military cooperation with civilian agencies; ‘‘(F) standard operating procedures; ‘‘(G) operational plans and the operational art; ‘‘(H) gaps and opportunities for improvement in existing procedures and plans; ‘‘(I) existing technical challenges; ‘‘(J) emerging technical challenges; ‘‘(K) the current and future threat environment; ‘‘(L) trust and capacity for multilateral sharing of information; ‘‘(M) additional mechanisms and ideas for inte- grated cooperation; ‘‘(N) ways to promote the meaningful participa- tion of women in matters of peace and security; and ‘‘(O) other content, as appropriate, developed to advance integration and tactical, operational, and strategic proficiency. ‘‘(e) MEETINGS.—Participants in the exchange pro- gram shall meet in person not less frequently than quarterly. ‘‘(f) EXCHANGE PROGRAM COORDINATOR.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall designate an Exchange Program Coordinator, who shall be assigned to a Department of Defense School, to oversee the exchange program. ‘‘(2) DUTIES.—The Exchange Program Coordinator shall— ‘‘(A) design the exchange program; ‘‘(B) ensure that the exchange program complies with the requirements of this section; ‘‘(C) provide to the Secretary of Defense reports on developments, insights, and progress of the ex- change program; and ‘‘(D) notify the Secretary of Defense of any fail- ure of the exchange program to comply with the in- person requirements of subsection (e). ‘‘(3) NOTIFICATION TO CONGRESS.—Not later than 15 days after receiving a notification under paragraph (2)(D), the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Rep- resentatives a report describing— ‘‘(A) the reasons an in-person meeting did not occur during such quarter; and ‘‘(B) any measures taken to ensure that an in-per- son meeting occurs during the following quarter. ‘‘(g) REPORT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2024], and annually thereafter for 5 years, the Secretary of De- fense shall submit to the Committee on Armed Serv- ices and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report that includes— ‘‘(A) a summary of the activities of the exchange program during the prior year, including— ‘‘(i) the countries participating; ‘‘(ii) the subject matter covered; ‘‘(iii) developments, insights, and progress achieved through the program; and ‘‘(iv) any new topics added to the exchange as well as a justification for adding the new topic; ‘‘(B) an assessment of the effectiveness of the ex- change program; and ‘‘(C) recommendations on further improvements to the exchange program. ‘‘(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form but may in- clude a classified annex. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) DEPARTMENT OF DEFENSE SCHOOL.—The term ‘Department of Defense school’ means any institution listed in section 1595(c) or section 2162(d) of title 10, United States Code. ‘‘(2) PARTICIPATING MILITARIES IN SUPPORT OF MID- DLE EAST REGIONAL INTEGRATION.—The term ‘partici- pating militaries in support of Middle East regional integration’ means military allies and partner forces of the United States working to advance regional in- tegration in the Middle East.’’ INDO-PACIFIC EXTENDED DETERRENCE EDUCATION PILOT PROGRAM Pub. L. 118–159, div. A, title XIII, § 1314, Dec. 23, 2024, 138 Stat. 2113, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Defense, using the authorities provided in chapter 16 of title 10, Page 365 TITLE 10—ARMED FORCES § 311 United States Code, and other applicable statutory au- thorities available to the Secretary, may establish a pilot program, including an international defense per- sonnel exchange program, to support the education of covered personnel in— ‘‘(1) matters relating to nuclear deterrence, nuclear strategy, and nuclear defense strategy; and ‘‘(2) any other matter the Secretary considers im- portant to strengthening extended nuclear deterrence of— ‘‘(A) threats to United States allies posed by major-power competitors; and ‘‘(B) any other persistent nuclear threat identi- fied in the 2022 National Defense Strategy published pursuant to section 113(g) of title 10, United States Code. ‘‘(b) INSTITUTIONAL PARTNERSHIP.—The Secretary may enter into an agreement with an existing univer- sity-affiliated research center or an institution of high- er education with recognized subject matter expertise in nuclear deterrence and related matters, and dem- onstrated relevant experience, for the purpose of devel- oping a curriculum to reinforce extended deterrence through education of covered personnel in deterrence, nuclear strategy, conventional-nuclear integration, command and control, and related matters. ‘‘(c) TERMINATION DATE.—The authority of the Sec- retary to carry out the pilot program under this sec- tion shall terminate on December 31, 2027. ‘‘(d) COVERED PERSONNEL DEFINED.—In this section, the term ‘covered personnel’ means— ‘‘(1) an employee of the Department of Foreign Af- fairs and Trade, the Department of Defence, or equiv- alent component of the Government of Australia; ‘‘(2) an employee of the Ministry of Foreign Affairs, the Ministry of Defense, or equivalent component of the Government of Japan; ‘‘(3) an employee of the Ministry of Foreign Affairs, the Ministry of National Defense, or equivalent com- ponent of the Government of the Republic of Korea; ‘‘(4) a member of the military forces of Australia, Japan, or the Republic of Korea; and ‘‘(5) any other official of the Government of Aus- tralia, the Government of Japan, or the Government of the Republic of Korea the Secretary considers im- portant to the extended deterrence relationship with the United States.’’ DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL COOPERATION PILOT PROGRAM Pub. L. 117–263, div. A, title XII, § 1212, Dec. 23, 2022, 136 Stat. 2834, as amended by Pub. L. 118–31, div. A, title XII, § 1226, Dec. 22, 2023, 137 Stat. 455; Pub. L. 118–159, div. A, title XII, § 1207, Dec. 23, 2024, 138 Stat. 2095, pro- vided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Defense, in consultation with the Secretary of State and in coordi- nation with the commanders of the geographic combat- ant commands, may establish a pilot program, to be known as the ‘Defense Operational Resilience Inter- national Cooperation Pilot Program’ (in this section referred to as the ‘pilot program’) to support engage- ment with national security forces of partner countries on defense-related environmental and operational en- ergy issues in support of the theater campaign plans of the geographic combatant commands. ‘‘(b) DURATION.—The Secretary of Defense may carry out the pilot program during the period beginning on the date of the enactment of this Act [Dec. 23, 2022] and ending on December 31, 2027. ‘‘(c) LIMITATIONS.— ‘‘(1) PURPOSES.—The pilot program shall be limited to the following purposes: ‘‘(A) To build relationships with the national se- curity forces of partner countries in support of the efforts of the Department of Defense to engage in long-term strategic competition. ‘‘(B) To sustain the mission capability and for- ward posture of the Armed Forces of the United States. ‘‘(C) To enhance the capability, capacity, and re- silience of the national security forces of partner countries. ‘‘(2) PROHIBITED ASSISTANCE.—The Secretary may not use the pilot program to provide assistance that is in violation of section 362 of title 10, United States Code, or otherwise prohibited by law. ‘‘(3) SECURITY COOPERATION.—The Secretary shall plan and prioritize assistance, training, and exercises with partner countries pursuant to the pilot program in a manner that is consistent with applicable guid- ance relating to security cooperation program and activities of the Department of Defense. ‘‘(4) SUSTAINMENT AND NON-LETHAL ASSISTANCE.—A program under subsection (a) may include the provi- sion of sustainment and non-lethal assistance, includ- ing training, defense services, and supplies (including consumables). ‘‘(d) FUNDING.—Of amounts authorized to be appro- priated by this Act [see Tables for classification] for each of fiscal years 2023 through 2027 and available for operation and maintenance, the Secretary may make available $15,000,000 to support the pilot program. ‘‘(e) PRIORITIZATION.—In providing security coopera- tion for the purposes described in section (c)(1), the Secretary shall prioritize efforts based on— ‘‘(1) the priorities of the commanders of the geo- graphic combatant commands; ‘‘(2) the operational relevance of the effort; ‘‘(3) the need of the foreign partner; and ‘‘(4) programs in less developed countries. ‘‘(f) ANNUAL REPORT.— ‘‘(1) IN GENERAL.—With respect to each year the Secretary carries out the pilot program, the Sec- retary shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a report on obligations and expenditures made to carry out the pilot program during the fiscal year that precedes the year during which each such report is submitted. ‘‘(2) DEADLINE.—The Secretary shall submit each such report not later than March 1 of each year dur- ing which the Secretary has authority to carry out the pilot program. ‘‘(3) ELEMENTS.—Each such report shall include the following: ‘‘(A) An accounting of each obligation and ex- penditure made to carry out the pilot program, disaggregated, where applicable, by partner country and national security forces of a partner country. ‘‘(B) An explanation of the manner in which each such obligation or expenditure— ‘‘(i) supports the national defense of the United States; and ‘‘(ii) is in accordance with limitations described in subsection (c). ‘‘(C) Any other matter the Secretary determines to be relevant. ‘‘(g) TEMPORARY CESSATION OF AUTHORIZATION.—No funds authorized to be appropriated or otherwise made available for any of fiscal years 2023 through 2027 for the Department of Defense may be made available for the ‘Defense Environmental International Cooperation Program’. During the period specified in subsection (b), all activities and functions of the ‘Defense Environ- mental International Cooperation Program’ may only be carried out under the pilot program. ‘‘(h) DEFINITIONS.—In this section the terms ‘defense services’, ‘national security forces’, and ‘training’ have the meaning given those terms in section 301 of title 10, United States Code.’’ PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE LEADERS IN THE INDO-PACIFIC REGION Pub. L. 117–263, div. A, title XII, § 1261, Dec. 23, 2022, 136 Stat. 2856, as amended by Pub. L. 118–31, div. A, title XIII, § 1303, Dec. 22, 2023, 137 Stat. 489, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may es- tablish, using existing authorities of the Department of 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-