10 U.S.C. § 321
10 U.S.C. § 321
EDITORIAL NOTES
REFERENCES IN TEXTThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (e), is the date of enactment of Pub. L. 114-328, which was approved Dec. 23, 2016.
AMENDMENTS2018-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."
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."
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- security cooperation programs and activities of the Department of Defense
- The term "security cooperation programs and activities of the Department of Defense" means any program, activity (including an exercise), or interaction of the Department of Defense with the security establishment of a foreign country to achieve a purpose as follows:(A) To build and develop allied and friendly security capabilities for self-defense and multinational operations.(B) To provide the armed forces with access to the foreign country during peacetime or a contingency operation.(C) To build relationships that promote specific United States security interests.
- small-scale construction
- The term "small-scale construction" means construction at a cost not to exceed $2,000,000 for any project.
- appropriate committees of Congress
- The terms "appropriate congressional committees" and "appropriate committees of Congress" mean-(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.