10 U.S.C. § 321: Training and exercises with friendly foreign countries: payment of training and exercise expenses

The armed forces under the jurisdiction of the Secretary of Defense may train with the military forces, or other national security forces that perform a similar function, of a friendly foreign country if the Secretary determines that it is in the national security interest of the United States to do so. 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. observance of and respect for human rights and fundamental freedoms; and respect for legitimate civilian authority within the foreign country concerned. Expenses of forces assigned or allocated to that command in conjunction with training and exercises conducted pursuant to this section. The incremental expenses of a friendly foreign country as the direct result of participating in training and exercises conducted pursuant to this section. Small-scale construction that is directly related to the effective accomplishment of the training and exercises conducted pursuant to this section. The primary purpose of the training and exercises for which payment may be made under subsection (b) shall be to train United States forces. Training and exercises with friendly foreign countries 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. 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. Not less frequently than quarterly, the Secretary of Defense shall submit to the appropriate committees of Congress a report on training and exercises conducted pursuant to this section during the preceding 90-day period. The Secretary of Defense shall prescribe regulations for the administration of this section. The Secretary shall submit the regulations to the Committees on Armed Services of the Senate and the House of Representatives. A requirement that training and exercise activities may be carried out under this section only with the prior approval of the Secretary. Accounting procedures to ensure that the expenditures pursuant to this section are appropriate. Procedures to limit the payment of incremental expenses to friendly foreign countries only to developing countries, except in the case of exceptional circumstances as specified in the regulations. Costa Rica. Panama.” ceased all land reclamation activities in the South China Sea; removed all weapons from its land reclamation sites; established a consistent four-year track record of taking actions toward stabilizing the region; and ceased committing genocide in China, as articulated in the Department of State’s Country Report on Human Rights Practices released on April 12, 2022 , and engaged in a credible justice and accountability process for all victims of such genocide. The certification under paragraph (1) shall be in unclassified form but may contain a classified annex as necessary. 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. The justification required under paragraph (1) shall be in unclassified form but may contain a classified annex as necessary.”