123STA T . 2 5 15 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9thegov e rnm ent o fa na l l y of the U n i te dS tate s or another friendly foreign c o u ntry for the e x change of military and civilian p ersonnel of the defense ministry of that foreign government .(b)AS S IGNME N TOFP E R SONNE L . — ( 1 ) I N GENER A L.—Pursuant to a non - reciprocal inter- national defense personnel exchange agreement , personnel of the defense ministry of a foreign government may be assigned to positions in the D epartment of Defense. ( 2 ) MU TUAL AGREEMENT RE Q UIRE D .—An individual may not be assigned to a position pursuant to a non-reciprocal inter- national defense personnel exchange agreement unless the assignment is acceptable to both governments. (c) PA Y MENT OF PERSONNEL C OSTS.— (1) IN GENERAL.— T he foreign government w ith 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) EXC LUDED COSTS.—Paragraph (1) does not apply to the following costs
(A) The cost of training programs conducted to famil- iari z e, orient, or certify exchanged personnel regarding uni q ue aspects of the assignments of the exchanged per- sonnel. ( B ) Costs incident to the use of facilities of the United States G overnment in the performance of assigned duties. (C) The cost of temporary duty of the exchanged per- sonnel directed by the United States Government. (d) PRO H I B ITED CONDITIONS.— N o personnel exchanged pursu- ant to a non-reciprocal agreement under this section may ta k e or be required to take an oath of allegiance or to hold an official capacity in the government. (e) R E P ORT.— (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 inter- national defense personnel exchange agreements, the number of personnel assigned pursuant to such agreements, the Depart- ment 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 commit- tees ’ ’ means— (A) the Committee on Armed Services and the Com- mittee on F oreign Affairs of the H ouse of Representatives
and (B) the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate. (f) DURATION OF AUTHORITY.—The authority under this section shall expire on September 30, 2012.
