10 U.S.C. § 311: Exchange of defense personnel between United States and friendly foreign countries: authority

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). members of the armed forces and civilian personnel of the Department of Defense; and military and civilian personnel of the defense or security ministry of that foreign government or international or regional security organization. A non-defense security ministry of a foreign government. An international or regional security organization. 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. 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. 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. 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. 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. The cost of temporary duty directed by the host government. The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding unique aspects of the assignments of the exchanged personnel. Costs incident to the use of the facilities of the host government in the performance of assigned duties. 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. 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. The Secretary of Defense, using existing 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 appropriate, shall design and implement a foreign military 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’). The purpose of the exchange program shall be to facilitate interaction, cultural exchange, and mutual learning of members of participating militaries in support of Middle East regional integration in order to deepen and expand such integration. The exchange program shall be composed of members of the armed forces of participating militaries in support of Middle East regional integration and members of the Armed Forces of the United States. The Secretary of Defense shall select exchange program participants with a wide range of experiences collectively covering the tactical, operational, and strategic levels. E–7 through E–9. CW–3 through CW–5. O–3 through O–9. Such other pay grade levels at the discretion of the Secretary of Defense. Strategic doctrine. Defense planning. Civilian and military relations. Military law. Public affairs. Civil affairs. Military budgeting and acquisitions. Integrated air and missile defense. Integrated maritime domain awareness and interdiction. Cyber resilience and defense. Counterterrorism. Defense information sharing. Any other subject matter area that the Secretary of Defense determines to be appropriate. shall include learning modalities and methods, as determined by the Exchange Program Coordinator; facilitate interaction on particular topics; cater to participant backgrounds or rank levels; or achieve other pedagogical ends as determined by the Exchange Program Coordinator; and defense doctrine; exercise development; budget planning; military law and law of armed conflict; military cooperation with civilian agencies; standard operating procedures; operational plans and the operational art; gaps and opportunities for improvement in existing procedures and plans; existing technical challenges; emerging technical challenges; the current and future threat environment; trust and capacity for multilateral sharing of information; additional mechanisms and ideas for integrated cooperation; ways to promote the meaningful participation of women in matters of peace and security; and other content, as appropriate, developed to advance integration and tactical, operational, and strategic proficiency. Participants in the exchange program shall meet in person not less frequently than quarterly. 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. design the exchange program; ensure that the exchange program complies with the requirements of this section; provide to the Secretary of Defense reports on developments, insights, and progress of the exchange program; and notify the Secretary of Defense of any failure of the exchange program to comply with the in-person requirements of subsection (e). the reasons an in-person meeting did not occur during such quarter; and any measures taken to ensure that an in-person meeting occurs during the following quarter. the countries participating; the subject matter covered; developments, insights, and progress achieved through the program; and any new topics added to the exchange as well as a justification for adding the new topic; an assessment of the effectiveness of the exchange program; and recommendations on further improvements to the exchange program. The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. The term ‘Department of Defense school’ means any institution listed in section 1595(c) or section 2162(d) of title 10 , United States Code. The term ‘participating militaries in support of Middle East regional integration’ means military allies and partner forces of the United States working to advance regional integration in the Middle East.” matters relating to nuclear deterrence, nuclear strategy, and nuclear defense strategy; and threats to United States allies posed by major-power competitors; and any other persistent nuclear threat identified in the 2022 National Defense Strategy published pursuant to section 113(g) of title 10 , United States Code. The Secretary may enter into an agreement with an existing university-affiliated research center or an institution of higher education with recognized subject matter expertise in nuclear deterrence and related matters, and demonstrated relevant experience, for the purpose of developing a curriculum to reinforce extended deterrence through education of covered personnel in deterrence, nuclear strategy, conventional-nuclear integration, command and control, and related matters. The authority of the Secretary to carry out the pilot program under this section shall terminate on December 31, 2030 . an employee of the Department of Foreign Affairs and Trade, the Department of Defence, or equivalent component of the Government of Australia; an employee of the Ministry of Foreign Affairs, the Ministry of Defense, or equivalent component of the Government of Japan; an employee of the Ministry of Foreign Affairs, the Ministry of National Defense, or equivalent component of the Government of the Republic of Korea; a member of the military forces of Australia, Japan, or the Republic of Korea; and any other official of the Government of Australia, the Government of Japan, or the Government of the Republic of Korea the Secretary considers important to the extended deterrence relationship with the United States.” 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. 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 . 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. To sustain the mission capability and forward posture of the Armed Forces of the United States. To enhance the capability, capacity, and resilience of the national security forces of partner countries. 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. 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. A program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, and supplies (including consumables). Of amounts authorized to be appropriated 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. the priorities of the commanders of the geographic combatant commands; the operational relevance of the effort; the need of the foreign partner; and programs in less developed countries. 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. 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. 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. supports the national defense of the United States; and is in accordance with limitations described in subsection (c). Any other matter the Secretary determines to be relevant. 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 Environmental International Cooperation Program’ may only be carried out under the pilot program. 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.” 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. civilian leaders in the Department; and civilian leaders in foreign partner ministries of defense and other appropriate ministries with a defense-related national security mission; and 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. 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. 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). a description of the activities conducted and the results of such activities; an identification of existing authorities used to carry out the pilot program; any recommendations related to new authorities or modifications to existing authorities necessary to more effectively achieve the objectives of the pilot program; and any other matter the Secretary of Defense considers relevant. The pilot program under subsection (a) shall terminate on December 31, 2026 . the Committee on Armed Services 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.” 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). Force projection operations. Nuclear operations. Advanced combined-arms and joint combat operations. Advanced logistical operations. Chemical and biological defense and other capabilities related to weapons of mass destruction. Surveillance and reconnaissance operations. Joint warfighting experiments and other activities related to a transformation in warfare. Military space operations. Other advanced capabilities of the Armed Forces. Arms sales or military-related technology transfers. Release of classified or restricted information. Access to a Department of Defense laboratory. Subsection (a) does not apply to any search-and-rescue or humanitarian operation or exercise.”