§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 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.

(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 "Secretary of State" for "Secretary to State" in introductory provisions.

2016—Subsec. (a)(1). Pub. L. 114–328, §1242(b)(1)(A), inserted 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), substituted "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 exchange" in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 114–328, §1242(b)(1)(B)(ii), substituted "members of the armed forces" for "military".

Subsec. (a)(2)(B). Pub. L. 114–328, §1242(b)(1)(B)(iii), inserted "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 required under" and inserted "that provides for reciprocal exchanges, each government shall be required" after "exchange agreement".

Subsec. (f). Pub. L. 114–328, §1242(b)(4), inserted "defense or security ministry of that" after "military personnel of the".


Statutory Notes and Related Subsidiaries

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, provided that:

"(a) Establishment.—The Secretary of Defense, in consultation with the Secretary of State and in coordination with the commanders of the geographic combatant commands, may establish a pilot program, to be known as the 'Defense Operational Resilience International Cooperation Pilot Program' (in this section referred to as the 'pilot program') to support engagement with national security forces of partner countries on defense-related environmental and operational energy 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, 2025.

"(c) Limitations.—

"(1) Purposes.—The pilot program shall be limited to the following purposes:

"(A) To build relationships with the national security 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 forward posture of the Armed Forces of the United States.

"(C) To enhance the capability, capacity, and resilience 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 guidance 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 provision of sustainment and non-lethal assistance, including training, defense services, and supplies (including consumables).

"(d) Funding.—Of amounts authorized to be appropriated by this Act [see Tables for classification] for each of fiscal years 2023 through 2025 and available for operation and maintenance, the Secretary may make available $10,000,000 to support the pilot program, which shall be allocated in accordance with the priorities of the commanders of the geographic combatant commands.

"(e) Annual Report.—

"(1) In general.—With respect to each year the Secretary carries out the pilot program, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] 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 during 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 expenditure 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.

"(f) Temporary Cessation of Authorization.—No funds authorized to be appropriated or otherwise made available for any of fiscal years 2023 through 2025 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 Environmental International Cooperation Program' may only be carried out under the pilot program.

"(g) 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 establish, using existing authorities of the Department of 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 engagement with, young civilian leaders from foreign partner ministries of defense and other appropriate ministries with a defense-related national security mission in the Indo-Pacific region for purposes of—

"(1) enhancing bilateral and multilateral cooperation 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 appropriate 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 mission 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 design 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 appropriate committees of Congress on the pilot program 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 authorities 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 subsection (a) shall terminate on December 31, 2026.

"(f) Appropriate Committees of Congress Defined.—In this section, the term 'appropriate committees 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 Representatives."

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, provided 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 Liberation 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 subsection (b).

"(b) Covered Exchanges and Contacts.—Subsection (a) applies to any military-to-military exchange or contact that includes inappropriate exposure to any of the following:

"(1) Force projection operations.

"(2) Nuclear operations.

"(3) Advanced combined-arms and joint combat operations.

"(4) Advanced logistical operations.

"(5) Chemical and biological defense and other capabilities related to weapons of mass destruction.

"(6) Surveillance and reconnaissance operations.

"(7) Joint warfighting experiments and other activities 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 exercise."

Court Cases Citing 10 U.S.C. § 311 (As of 2023)