
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC168]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                      CHAPTER 6--COMBATANT COMMANDS
 
Sec. 168. Military-to-military contacts and comparable 
        activities
        
    (a) Program Authority.--The Secretary of Defense may conduct 
military-to-military contacts and comparable activities that are 
designed to encourage a democratic orientation of defense establishments 
and military forces of other countries.
    (b) Administration.--The Secretary may provide funds appropriated 
for carrying out subsection (a) to the following officials for use as 
provided in subsection (c):
        (1) The commander of a combatant command, upon the request of 
    the commander.
        (2) An officer designated by the Chairman of the Joint Chiefs of 
    Staff, with respect to an area or areas not under the area of 
    responsibility of a commander of a combatant command.
        (3) The head of any Department of Defense component.

    (c) Authorized Activities.--An official provided funds under 
subsection (b) may use those funds for the following activities and 
expenses:
        (1) The activities of traveling contact teams, including any 
    transportation expense, translation services expense, or 
    administrative expense that is related to such activities.
        (2) The activities of military liaison teams.
        (3) Exchanges of civilian or military personnel between the 
    Department of Defense and defense ministries of foreign governments.
        (4) Exchanges of military personnel between units of the armed 
    forces and units of foreign armed forces.
        (5) Seminars and conferences held primarily in a theater of 
    operations.
        (6) Distribution of publications primarily in a theater of 
    operations.
        (7) Personnel expenses for Department of Defense civilian and 
    military personnel to the extent that those expenses relate to 
    participation in an activity described in paragraph (3), (4), (5), 
    or (6).
        (8) Reimbursement of military personnel appropriations accounts 
    for the pay and allowances paid to reserve component personnel for 
    service while engaged in any activity referred to in another 
    paragraph of this subsection.

    (d) Relationship to Other Funding.--Any amount provided during any 
fiscal year to an official under subsection (b) for an activity or 
expense referred to in subsection (c) shall be in addition to amounts 
otherwise available for those activities and expenses for that fiscal 
year.
    (e) Limitations.--(1) Funds may not be provided under this section 
for a fiscal year for any activity for which--
        (A) funding was proposed in the budget submitted to Congress for 
    that fiscal year pursuant to section 1105(a) of title 31; and
        (B) Congress did not authorize appropriations.

    (2) An activity may not be conducted under this section with a 
foreign country unless the Secretary of State approves the conduct of 
such activity in that foreign country.
    (3) Funds may not be provided under this section for a fiscal year 
for any country that is not eligible in that fiscal year for assistance 
under chapter 5 of part II of the Foreign Assistance Act of 1961.
    (4) Except for those activities specifically authorized under 
subsection (c), funds may not be used under this section for the 
provision of defense articles or defense services to any country or for 
assistance under chapter 5 of part II of the Foreign Assistance Act of 
1961.
    (f) Active Duty End Strengths.--(1) A member of a reserve component 
referred to in paragraph (2) shall not be counted for purposes of the 
following personnel strength limitations:
        (A) The end strength for active-duty personnel authorized 
    pursuant to section 115(a)(1) of this title for the fiscal year in 
    which the member carries out the activities referred to in paragraph 
    (2).
        (B) The authorized daily average for members in pay grades E-8 
    and E-9 under section 517 of this title for the calendar year in 
    which the member carries out such activities.
        (C) The authorized strengths for commissioned officers under 
    section 523 of this title for the fiscal year in which the member 
    carries out such activities.

    (2) A member of a reserve component referred to in paragraph (1) is 
any member on active duty under an order to active duty for 180 days or 
more who is engaged in activities authorized under this section.
    (g) Military-to-Military Contacts Defined.--In this section, the 
term ``military-to-military contacts'' means contacts between members of 
the armed forces and members of foreign armed forces through activities 
described in subsection (c).

(Added Pub. L. 103-337, div. A, title XIII, Sec. 1316(a)(1), Oct. 5, 
1994, 108 Stat. 2898; amended Pub. L. 104-106, div. A, title IV, 
Sec. 416, Feb. 10, 1996, 110 Stat. 289.)

                       References in Text

    The Foreign Assistance Act of 1961, referred to in subsec. (e)(3), 
(4), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 
5 of part II of the Act is classified generally to part V (Sec. 2347 et 
seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and 
Intercourse. For complete classification of this Act to the Code, see 
Short Title note set out under section 2151 of Title 22 and Tables.


                               Amendments

    1996--Subsecs. (f), (g). Pub. L. 104-106 added subsec. (f) and 
redesignated former subsec. (f) as (g).


 Limitation on Military-to-Military Exchanges and Contacts With Chinese 
                        People's Liberation Army

    Pub. L. 106-65, div. A, title XII, Sec. 1201, Oct. 5, 1999, 113 
Stat. 779, 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.
    ``(d) Annual Certification by Secretary.--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 Representatives, not later 
than December 31 each year, a certification in writing as to whether or 
not any military-to-military exchange or contact during that calendar 
year was conducted in violation of subsection (a).
    ``(e) Annual Report.--Not later than March 31 each year beginning in 
2001, 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 Representatives a report providing the Secretary's assessment of the 
current state of military-to-military exchanges and contacts with the 
People's Liberation Army. The report shall include the following:
        ``(1) A summary of all such military-to-military contacts during 
    the period since the last such report, including a summary of topics 
    discussed and questions asked by the Chinese participants in those 
    contacts.
        ``(2) A description of the military-to-military exchanges and 
    contacts scheduled for the next 12-month period and a plan for 
    future contacts and exchanges.
        ``(3) The Secretary's assessment of the benefits the Chinese 
    expect to gain from those military-to-military exchanges and 
    contacts.
        ``(4) The Secretary's assessment of the benefits the Department 
    of Defense expects to gain from those military-to-military exchanges 
    and contacts.
        ``(5) The Secretary's assessment of how military-to-military 
    exchanges and contacts with the People's Liberation Army fit into 
    the larger security relationship between the United States and the 
    People's Republic of China.
    ``(f) Report of Past Military-to-Military Exchanges and Contacts 
With the PRC.--Not later than March 31, 2000, 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 Representatives a report on 
past military-to-military exchanges and contacts between the United 
States and the People's Republic of China. The report shall be 
unclassified, but may contain a classified annex, and shall include the 
following:
        ``(1) A list of the general and flag grade officers of the 
    People's Liberation Army who have visited United States military 
    installations since January 1, 1993.
        ``(2) The itinerary of the visits referred to in paragraph 
    (2)[(1)], including the installations visited, the duration of the 
    visits, and the activities conducted during the visits.
        ``(3) The involvement, if any, of the general and flag officers 
    referred to in paragraph (1) in the Tiananmen Square massacre of 
    June 1989.
        ``(4) A list of the facilities in the People's Republic of China 
    that United States military officers have visited as a result of any 
    military-to-military exchange or contact program between the United 
    States and the People's Republic of China since January 1, 1993.
        ``(5) A list of facilities in the People's Republic of China 
    that have been the subject of a requested visit by the Department of 
    Defense that has been denied by People's Republic of China 
    authorities.
        ``(6) A list of facilities in the United States that have been 
    the subject of a requested visit by the People's Liberation Army 
    that has been denied by the United States.
        ``(7) Any official documentation (such as memoranda for the 
    record, after-action reports, and final itineraries) and all 
    receipts for expenses over $1,000, concerning military-to-military 
    exchanges or contacts between the United States and the People's 
    Republic of China in 1999.
        ``(8) A description of military-to-military exchanges or 
    contacts between the United States and the People's Republic of 
    China scheduled for 2000.
        ``(9) An assessment regarding whether or not any People's 
    Republic of China military officials have been shown classified 
    material as a result of military-to-military exchanges or contacts 
    between the United States and the People's Republic of China.''


 Agreements for Exchange of Defense Personnel Between United States and 
                            Foreign Countries

    Pub. L. 104-201, div. A, title X, Sec. 1082, Sept. 23, 1996, 110 
Stat. 2672, provided that:
    ``(a) Authority To Enter Into International Exchange Agreements.--
(1) The Secretary of Defense may enter into international defense 
personnel exchange agreements.
    ``(2) For purposes of this section, an international defense 
personnel exchange agreement is an agreement with the government of an 
ally of the United States or another friendly foreign country for the 
exchange of--
        ``(A) military and civilian personnel of the Department of 
    Defense; and
        ``(B) military and civilian personnel of the defense ministry of 
    that foreign government.
    ``(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.
    ``(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.--Each 
government shall be required under an international defense personnel 
exchange agreement 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 foreign 
country. The Secretary of Defense may prescribe regulations for the 
application of such subsections in the exercise of such authority.''
