Title 10Armed ForcesRelease 119-73

§321 Training and exercises with friendly foreign countries: payment of training and exercise expenses

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 16— - SECURITY COOPERATION › Subchapter SUBCHAPTER III— - TRAINING WITH FOREIGN FORCES › § 321

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can allow U.S. forces to train with the military or similar security forces of friendly countries if it helps U.S. national security. Training should, as much as possible, support the U.S. unit’s key mission tasks and include teaching respect for human rights and for lawful civilian leaders in the partner country. Under rules the Secretary must create, military leaders may pay three kinds of costs: expenses for U.S. forces in the training, the extra costs a friendly country has because it took part, and small construction needed for the training. The main goal must be to train U.S. forces. Plans should follow Defense Department security cooperation guidance. Money for one fiscal year may pay for training that starts that year but ends next year. At least quarterly, the Secretary must report to Congress on the prior 90 days of training. The rules must be sent to the Senate and House Armed Services Committees and must require the Secretary’s prior approval, proper accounting, and generally limit payments to developing countries except in rare cases.

Full Legal Text

Title 10, §321

Armed Forces — Source: USLM XML via OLRC

(a)(1)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.
(2)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.
(3)Any training conducted pursuant to paragraph (1) shall, to the maximum extent practicable, include elements that promote—
(A)observance of and respect for human rights and fundamental freedoms; and
(B)respect for legitimate civilian authority within the foreign country concerned.
(b)Under regulations prescribed pursuant to subsection (f), the Secretary of a military department or the commander of a combatant command may pay, or authorize payment for, any of the following expenses:
(1)Expenses of forces assigned or allocated to that command in conjunction with training and exercises conducted pursuant to this section.
(2)The incremental expenses of a friendly foreign country as the direct result of participating in training and exercises conducted pursuant to this section.
(3)Small-scale construction that is directly related to the effective accomplishment of the training and exercises conducted pursuant to this section.
(c)(1)The primary purpose of the training and exercises for which payment may be made under subsection (b) shall be to train United States forces.
(2)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.
(d)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.
(e)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.
(f)(1)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.
(2)The regulations required under this section shall provide the following:
(A)A requirement that training and exercise activities may be carried out under this section only with the prior approval of the Secretary.
(B)Accounting procedures to ensure that the expenditures pursuant to this section are appropriate.
(C)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 119–60, § 1201(a)(4)(A), inserted “and exercises” after “Training” in section catchline. Subsec. (a)(1). Pub. L. 119–60, § 1201(a)(1)(A), substituted “, or other national security forces that perform a similar function,” for “or other security forces”. Subsec. (a)(2) to (4). Pub. L. 119–60, § 1201(a)(1)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The general purpose forces of the United States armed forces may train only with the military forces of a friendly foreign country.” Subsec. (b). Pub. L. 119–60, § 1201(a)(2)(A), substituted “subsection (f)” for “subsection (e)” in introductory provisions. Subsec. (b)(1). Pub. L. 119–60, § 1201(a)(2)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Expenses of training forces assigned or allocated to that command in conjunction with training, and training with, the military forces or other security forces of a friendly foreign country under subsection (a).” Subsec. (b)(2). Pub. L. 119–60, § 1201(a)(2)(E), substituted “training and exercises conducted pursuant to this section” for “such training, as specified in the

Regulations

”. Pub. L. 119–60, § 1201(a)(2)(C), (D), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, par. (2) read as follows: “Expenses of deploying such forces for that training.” Subsec. (b)(3). Pub. L. 119–60, § 1201(a)(2)(D), (F), redesignated par. (5) as (3) and substituted “training and exercises conducted pursuant to this section” for “training described in paragraph (1) or an exercise described in paragraph (4)”. Former par. (3) redesignated (2). Subsec. (b)(4). Pub. L. 119–60, § 1201(a)(2)(C), struck out par. (4) which read as follows: “The incremental expenses of a friendly foreign country as the direct result of participating in an exercise with the armed forces under the jurisdiction of the Secretary of Defense.” Subsec. (b)(5). Pub. L. 119–60, § 1201(a)(2)(D), redesignated par. (5) as (3). Subsec. (e). Pub. L. 119–60, § 1201(a)(3), amended subsec. (e) generally. Prior to amendment, text read as follows: “Not later than the end of the first calendar quarter beginning after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, and every calendar quarter thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a notice setting forth the schedule of planned training engagement pursuant to subsection (a) during the calendar quarter first following the calendar quarter in which such notice is submitted.” 2018—Subsec. (e). Pub. L. 115–232 substituted “the first calendar quarter” for “the first calender quarter” and “every calendar quarter” for “every calender quarter”. 2016—Pub. L. 114–328 renumbered section 2010 of this title as this section and amended it generally. Prior to amendment, section related to payment of incremental expenses for participation of developing countries in combined exercises. 2011—Subsecs. (b) to (e). Pub. L. 112–81 redesignated subsecs. (c) to (e) as (b) to (d), respectively, and struck out former subsec. (b) which read as follows: “The Secretary of Defense shall submit to Congress a report each year, not later than March 1, containing— “(1) a list of the developing countries for which expenses have been paid by the United States under this section during the preceding year; and “(2) the amounts expended on behalf of each government.” 2008—Subsecs. (d), (e). Pub. L. 110–417 added subsec. (d) and redesignated former subsec. (d) as (e). 1997—Subsec. (e). Pub. L. 105–85 struck out subsec. (e) which read as follows: “Not more than $13,400,000 may be obligated or expended for the purposes of this section during fiscal years 1987 through 1991.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–417, [div. A], title XII, § 1203(b), Oct. 14, 2008, 122 Stat. 4622, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on
October 1, 2008, and shall apply with respect to bilateral and multilateral military exercises described in section 2010 [now 321] of title 10, United States Code, as so amended, that begin on or after that date.” Temporary Authority To Provide Training to Military Forces or National Security Forces of Costa Rica and Panama Pub. L. 118–159, div. A, title XII, § 1209, Dec. 23, 2024, 138 Stat. 2097, provided that: “In conducting training with friendly foreign countries under section 321 of title 10, United States Code, notwithstanding subsection (a)(2) of that section, beginning on the date of the enactment of this Act [Dec. 23, 2024] and ending on
December 31, 2030, the general purpose forces of the United States Armed Forces may train with the military forces or national security forces of the following countries: “(1) Costa Rica. “(2) Panama.” Prohibition on Participation of the People’s Republic of China in Rim of the Pacific (RIMPAC) Naval Exercises Pub. L. 115–232, div. A, title XII, § 1259, Aug. 13, 2018, 132 Stat. 2058, as amended by Pub. L. 117–263, div. A, title XII, § 1253, Dec. 23, 2022, 136 Stat. 2850, provided that: “(a) Conditions for Future Participation in RIMPAC.—“(1) In general.—The Secretary of Defense shall not enable or facilitate the participation of the People’s Republic of China in any Rim of the Pacific (RIMPAC) naval exercise unless the Secretary certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that China has—“(A) ceased all land reclamation activities in the South China Sea; “(B) removed all weapons from its land reclamation sites; “(C) established a consistent four-year track record of taking actions toward stabilizing the region; and “(D) 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. “(2) Form.—The certification under paragraph (1) shall be in unclassified form but may contain a classified annex as necessary. “(b) National Security Waiver.—“(1) In general.—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. “(2) Form.—The justification required under paragraph (1) shall be in unclassified form but may contain a classified annex as necessary.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 321

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73