(a)
(b)
(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)
(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)
(e)
(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)
(1) 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 under this section.
(2) 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.
(3) The authorized strengths for commissioned officers under section 523 of this title for the fiscal year in which the member carries out such activities.
(g)
(Added Pub. L. 103–337, div. A, title XIII, §1316(a)(1), Oct. 5, 1994, 108 Stat. 2898; amended Pub. L. 104–106, div. A, title IV, §416, Feb. 10, 1996, 110 Stat. 289; Pub. L. 108–375, div. A, title IV, §416(e), Oct. 28, 2004, 118 Stat. 1868.)
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 (§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.
2004—Subsec. (f). Pub. L. 108–375 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
“(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.”
1996—Subsecs. (f), (g). Pub. L. 104–106 added subsec. (f) and redesignated former subsec. (f) as (g).
Pub. L. 106–65, div. A, title XII, §1201, Oct. 5, 1999, 113 Stat. 779, provided that:
“(a)
“(b)
“(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)
“(d)
“(e)
“(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)
“(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.”
Pub. L. 104–201, div. A, title X, §1082, Sept. 23, 1996, 110 Stat. 2672, provided that:
“(a)
“(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)
“(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)
“(d)
“(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)
“(f)