AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.

SEC. 1207. AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF DEFENSE PERSONNEL BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES.(a) Authority To Enter Into Non-reciprocal International Exchange Agreements.—(1) In general.—The Secretary of Defense may enter into non-reciprocal international defense personnel exchange agreements.(2) International defense personnel exchange agreements defined.—For purposes of this section, an international defense personnel exchange agreement is an agreement with 123 STAT. 2515 the government of an ally of the United States or another friendly foreign country for the exchange of military and civilian personnel of the defense ministry of that foreign government.(b) Assignment of Personnel.—(1) In general.—Pursuant to a non-reciprocal international defense personnel exchange agreement, personnel of the defense ministry of a foreign government may be assigned to positions in the Department of Defense.(2) Mutual agreement required.—An individual may not be assigned to a position pursuant to a non-reciprocal international defense personnel exchange agreement unless the assignment is acceptable to both governments.(c) Payment of Personnel Costs.—(1) In general.—The foreign government with which the United States has entered into a non-reciprocal international defense personnel exchange agreement shall pay the salary, per diem, cost of living, travel costs, cost of language or other training, and other costs for its personnel under such agreement in accordance with the applicable laws and regulations of such government.(2) Excluded costs.—Paragraph (1) does not apply to the following costs:(A) The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding unique aspects of the assignments of the exchanged personnel.(B) Costs incident to the use of facilities of the United States Government in the performance of assigned duties.(C) The cost of temporary duty of the exchanged personnel directed by the United States Government.(d) Prohibited Conditions.—No personnel exchanged pursuant to a non-reciprocal agreement under this section may take or be required to take an oath of allegiance or to hold an official capacity in the government.(e) Report.—(1) In general.—Not later than 90 days after the end of the fiscal year in which the authority in subsection (a) has been exercised, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of the authority through the end of such fiscal year.(2) Matters to be included.—The report required under paragraph (1) shall include the number of non-reciprocal international defense personnel exchange agreements, the number of personnel assigned pursuant to such agreements, the Department of Defense component to which the personnel have been assigned, the duty title of each assignment, and the countries with which the agreements have been concluded.(3) Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means—(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.(f) Duration of Authority.—The authority under this section shall expire on September 30, 2012.123 STAT. 2516