S321.2.1. Purpose of Training and Exercises. The primary purpose of the training and exercises will be to train U.S. forces.

S321.2.1.1. Training With Foreign Forces. If the Secretary of Defense (SECDEF) determines it is in the interest of U.S. national security, armed forces under SECDEF jurisdiction may train with the military forces or other security forces of a friendly foreign country.

S321.2.1.2. Training to Support Mission Essential Tasks. A U.S. armed forces unit will participate in training that supports its mission essential tasks to the maximum extent practicable.

S321.2.2. Elements of Training. Any training conducted will, to the maximum extent practicable, include elements that promote:

S321.2.2.1. Observance of and respect for human rights and fundamental freedoms; and

S321.2.2.2. Respect for legitimate civilian authority within the friendly foreign country concerned.

S321.2.3. Selection of Partners. Training and exercises with friendly foreign countries should be planned and prioritized consistent with applicable guidance relating to the security cooperation (SC) programs and activities of the DoD.

S321.2.3.1. Leahy Vetting. SC provided pursuant to 10 U.S.C. 321 requires Leahy vetting, in accordance with 10 U.S.C. 362 (the “DoD Leahy Law”).

S321.2.4. Authority to Pay Training and Exercise Expenses. Under regulations prescribed pursuant to subsection (e), the Secretary of a military department or the commander of a combatant command may pay, or authorize payment for, any of the following expenses:

S321.2.4.1. 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).

S321.2.4.2. Expenses of deploying such forces for that training.

S321.2.4.3. The incremental expenses of a friendly foreign country as the direct result of participating in such training, as specified in the regulations.

S321.2.4.4. 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 SECDEF.

S321.2.4.5. Small-scale construction that is directly related to the effective accomplishment of the training or an exercise.

S321.2.5. Availability of Funds for Activities That Cross Fiscal Years. Amounts available for the authority to pay expenses 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 subsequent fiscal years.

S321.2.6. Restrictions.

S321.2.6.1. Limitation on Training of General Purpose Forces. The general purpose forces of the U.S. armed forces may train only with the military forces of a friendly foreign country.

S321.2.6.2. Payment of salaries or allowances is not authorized.

S321.2.6.3. The authority to pay any of the training expenses is limited to personnel from “developing countries,” as defined in the memorandum from the official performing the duties of the Under Secretary of Defense (Policy) (USD(P)), “Definition of ‘Developing Country’ for Security Cooperation Programs,” May 15, 2017. DoD Components must also document the specific justification for why the payment of expenses is in the national security interest of the United States.

S321.2.6.4. In rare circumstances, the officials of DoD Components that possess delegated authority under 10 U.S.C. 321 may approve waiver to pay the incremental expenses described above for personnel from a developed country if the official determines that such payment is necessary to respond to “exceptional circumstances” and is in the national security interest of the United States. This “exceptional circumstances” waiver authority is not intended to be an exception that overrides the rule. Per enclosure 1 of the August 9. 2019 USD(P) memorandum, DoD Components must employ the mindset that the payment of expenses for personnel from a developed country is not permitted, instead of the mindset that the waiver authority can be used to “find a way to yes.” “Exceptional circumstances” in Section 321(f)(2)(C) means unusual, specific, and/or unique facts applicable to the specific country in question that are truly remarkable and justify payment of expenses under the circumstances for a specific exercise or training.

S321.2.6.5. Exceptional Circumstances. The “exceptional circumstances” standard is not met solely because it is important for the friendly foreign country to participate, as that should be the baseline standard for any waiver request. “Exceptional circumstances” also do not include the fact that even though the country falls within the category of a developed country, it does not prioritize defense spending; that it would be low-cost for the DoD Component to pay the expenses; or solely because the personnel of the friendly foreign country will not attend if the DoD Component does not pay the expenses. Under no circumstances will a waiver be approved to pay the expenses of a developed country to participate in an event occurring in that country.

S321.2.6.5.1. “Exceptional circumstances” may include an unforeseen financial hardship for the friendly foreign country caused by a natural disaster or national-level financial crisis. This financial hardship could be acute and of short duration or it could be a more extended, chronic situation. In the former, the “exceptional circumstance” would soon expire. In the latter, it is possible the status would extend to the point in time when the World Bank publishes its subsequent annual list of “high income” economies, at which point a country’s status would be reassessed.

S321.2.6.5.2. The “exceptional circumstances” standard could also be met if the DoD Component can articulate how payment of expenses for a particular exercise or training would provide a direct and demonstrative benefit to U.S. military operations, access, and/or influence when the friendly foreign country has demonstrated a willingness to take certain, specific actions favorable to U.S. interests. It is not sufficient if the benefit to the United States is general or speculative, or if the payment of expenses is not directly related to the specific and unique benefit to be provided by the friendly foreign country.

S321.2.6.5.3. Blanket waivers are not permitted. Each request to pay the incremental expenses of a developed country under “exceptional circumstances” and in the national security interest of the United States must be addressed on a case-by-case basis under the specific facts and circumstances of the request. Each waiver request must receive a legal review from the DoD Component’s servicing legal office, and each approval must contain a detailed justification that includes the “exceptional circumstances” present and the national security interest of the United States to be achieved.