10 U.S.C. § 322 — Special operations forces: training with

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. Page 370 TITLE 10—ARMED FORCES § 331 (2) The term ‘‘incremental expenses’’, with respect to a developing country, means the reasonable and proper cost of rations, fuel, training ammunition, transportation, and other goods and services consumed by such country, except that the term does not include pay, allowances, and other normal costs of such country’s personnel. (e) REPORTS.—Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report regarding training during the preceding fiscal year for which expenses were paid under this section. Each report shall speci- fy the following: (1) All countries in which that training was conducted. (2) The type of training conducted, including whether such training was related to counter- narcotics or counter-terrorism activities, the duration of that training, the number of mem- bers of the armed forces involved, and ex- penses paid. (3) The extent of participation by foreign military forces, including the number and service affiliation of foreign military per- sonnel involved and physical and financial contribution of each host nation to the train- ing effort. (4) The relationship of that training to other overseas training programs conducted by the armed forces, such as military exercise pro- grams sponsored by the Joint Chiefs of Staff, military exercise programs sponsored by a combatant command, and military training activities sponsored by a military department (including deployments for training, short du- ration exercises, and other similar unit train- ing events). (5) A summary of the expenditures under this section resulting from the training for which expenses were paid under this section. (6) A discussion of the unique military train- ing benefit to United States special operations forces derived from the training activities for which expenses were paid under this section. (Added Pub. L. 102–190, div. A, title X, § 1052(a)(1), Dec. 5, 1991, 105 Stat. 1470, § 2011; amended Pub. L. 104–106, div. A, title XV, § 1503(a)(18), Feb. 10, 1996, 110 Stat. 512; Pub. L. 105–261, div. A, title X, § 1062, Oct. 17, 1998, 112 Stat. 2129; Pub. L. 112–81, div. A, title X, § 1086(2), Dec. 31, 2011, 125 Stat. 1603; renumbered § 322, Pub. L. 114–328, div. A, title XII, § 1244(b), Dec. 23, 2016, 130 Stat. 2518.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 2011 of this title as this section. 2011—Subsec. (d)(1). Pub. L. 112–81 substituted ‘‘mili- tary information support operations’’ for ‘‘psycho- logical operations’’. 1998—Subsec. (c). Pub. L. 105–261, § 1062(a), inserted after first sentence ‘‘The regulations shall require that training activities may be carried out under this sec- tion only with the prior approval of the Secretary of Defense.’’ Subsec. (e)(5), (6). Pub. L. 105–261, § 1062(b), added pars. (5) and (6). 1996—Subsec. (a). Pub. L. 104–106 substituted ‘‘TO’’ for ‘‘TO’’ in heading. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (e) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. TRAINING OF GENERAL PURPOSE FORCES OF THE UNITED STATES ARMED FORCES WITH MILITARY AND OTHER SECURITY FORCES OF FRIENDLY FOREIGN COUNTRIES Pub. L. 113–66, div. A, title XII, § 1203, Dec. 26, 2013, 127 Stat. 894, related to the training of general purpose forces of the armed forces of the United States with military and other security forces of friendly foreign countries, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1244(c), Dec. 23, 2016, 130 Stat. 2518. SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND CAPACITY BUILDING Sec. 331. Friendly foreign countries: authority to pro- vide support for conduct of operations. 332. Friendly foreign countries; international and regional organizations: defense institution capacity building. 333. Foreign security forces: authority to build capacity. 334. Administrative support and payment of cer- tain expenses for covered foreign defense personnel. 335. Payment of personnel expenses necessary for participation in training program con- ducted by Colombia under the United States-Colombia Action Plan for Regional Security. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title XII, § 1201(b), Dec. 23, 2022, 136 Stat. 2823, added item 335. 2021—Pub. L. 117–81, div. A, title XII, § 1201(b), Dec. 27, 2021, 135 Stat. 1958, added item 334. § 331. Friendly foreign countries: authority to provide support for conduct of operations (a) AUTHORITY.—The Secretary of Defense may provide support to friendly foreign countries in connection with the conduct of operations des- ignated pursuant to subsection (b). (b) DESIGNATED OPERATIONS.— (1) IN GENERAL.—The Secretary of Defense shall designate the operations for which sup- port may be provided under the authority in subsection (a). (2) NOTICE TO CONGRESS.—The Secretary shall notify the appropriate committees of Congress of the designation of any operation pursuant to this subsection. (3) ANNUAL REVIEW FOR CONTINUING DESIGNA- TION.—The Secretary shall undertake on an annual basis a review of the operations cur- rently designated pursuant to this subsection in order to determine whether each such oper- ation merits continuing designation for pur- poses of this section for another year. If the Secretary determines that any operation so reviewed merits continuing designation for purposes of this section for another year, the Secretary— (A) may continue the designation of such operation under this subsection for such pur- poses for another year; and