10 U.S.C. § 347 — International engagement authorities for service academies

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 1,529 words · no verdicts yet

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Service academies can accept foreign students, on top of their normal U.S. class size. Foreign countries must repay the U.S. for that training, unless the Secretary of Defense waives it. Academies can also run short student exchange and cultural-visit programs with foreign countries.

(a) Selection of persons from foreign countries to receive instruction at Service Academies: Each military department's Secretary can let people from foreign countries attend that department's Service Academy — the Military Academy, Naval Academy, or Air Force Academy. These foreign students are added on top of, not counted within, the normal size limits for cadets or midshipmen from the United States. No more than 80 foreign students may attend a Service Academy at any one time. With the Secretary of Defense's approval, each Secretary decides which countries can send students, and how many students each country may send. Each Secretary can also set entrance requirements and how applicants compete for a spot, and chooses who gets in. Among eligible applicants, priority goes to those who owe their home country a national service obligation after graduating. A foreign student admitted this way gets the same pay, allowances, and other benefits as a U.S. cadet or midshipman, from the same funding source. Each foreign country whose student attends must repay the United States for the cost of that training, including pay and benefits. The military departments set the repayment rates, which cannot be less than the actual cost. The Secretary of Defense may waive all or part of this repayment requirement, and must state the waived amount if it is only a partial waiver. Unless the Secretary of the relevant military department decides otherwise, a foreign student follows the same rules on admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a U.S. cadet or midshipman. The Secretary can set different rules for a foreign student's access to classified information. A foreign student does not earn a commission in the U.S. armed forces just by graduating, and does not have to take the standard oath of admission required of U.S. cadets and midshipmen. (b) Exchange programs with foreign military academies: A military department's Secretary can let a student from a foreign military academy attend the department's Service Academy, in exchange for a U.S. cadet or midshipman attending that foreign academy, under an exchange agreement. These exchange students are added on top of the students admitted under subsection (a). Each exchange agreement must be one-for-one each fiscal year. No more than 100 cadets or midshipmen per Service Academy — and a matching number of foreign students — may take part in a given fiscal year. An exchange can last no longer than one academic semester. An exchanged foreign student does not receive U.S. military pay or allowances, and the Department of Defense cannot pay for that student's international travel. The Secretary can provide the foreign student with food, transportation within the U.S., clothing, health care, and other support, but only to the extent the foreign country gives the same level of support to the U.S. student it hosts. Each Service Academy pays for the exchange program using its own appropriated funds plus any outside funds available for cultural, language, or regional-awareness training — but spending from appropriated funds cannot exceed $1,000,000 per year for this exchange program. The same rules on academy regulations, commissioning, and the oath (described in subsection (a)) apply to exchange students too. Each Secretary must write regulations to run the exchange program, including qualification and selection rules. (c) Foreign and cultural exchange activities: A military department's Secretary can let foreign students, officers, or other representatives visit a Service Academy for up to four weeks, if the Secretary finds the visit will meaningfully help cadets or midshipmen with foreign languages, cross-cultural understanding, or cultural immersion. These short-term visitors are not considered enrolled students, and are added on top of everyone admitted under subsections (a) and (b). The Secretary can pay for these visitors' travel, food, and similar personal expenses. Each Academy pays for this from its own appropriated funds plus outside funds for cultural or language training — but appropriated-fund spending on these visits cannot exceed $40,000 per Academy per year. (d) "Service Academy" means: the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.

the actual law source: uscode.house.gov ↗public domain

(a)Selection of Persons From Foreign Countries To Receive Instruction at Service Academies.—

(1)Attendance authorized.—

(A)In general.—

The Secretary of each military department may permit persons from foreign countries to receive instruction at the Service Academy under the jurisdiction of the Secretary. Such persons shall be in addition to—

(i)

in the case of the United States Military Academy, the authorized strength of the Corps of the Cadets of the Academy under section 7442 of this title;

(ii)

in the case of the United States Naval Academy, the authorized strength of the Brigade of Midshipmen of the Academy under section 8454 of this title; and

(iii)

in the case of the United States Air Force Academy, the authorized strength of the Cadet Wing of the Academy under section 9442 of this title.

(B)Limitation on number.—

The number of persons permitted to receive instruction at each Service Academy under this subsection may not be more than 80 at any one time.

(2)Determination of foreign countries from which persons may be selected.—

The Secretary of a military department, upon approval by the Secretary of Defense, shall determine—

(A)

the countries from which persons may be selected for appointment under this subsection to the Service Academy under the jurisdiction of that Secretary; and

(B)

the number of persons that may be selected from each country.

(3)Qualifications and selection.—

The Secretary of each military department—

(A)

may establish entrance qualifications and methods of competition for selection among individual applicants under this subsection; and

(B)

shall select those persons who will be permitted to receive instruction at the Service Academy under the jurisdiction of the Secretary under this subsection.

(4)Selection priority to persons with national service obligation upon graduation.—

In selecting persons to receive instruction under this subsection from among applicants from the countries approved under paragraph (2), the Secretary of the military department concerned shall give a priority to persons who have a national service obligation to their countries upon graduation from the Service Academy concerned.

(5)Pay, allowances, and emoluments of persons admitted.—

A person receiving instruction under this subsection is entitled to the pay, allowances, and emoluments of a cadet or midshipman appointed from the United States, and from the same appropriations.

(6)Reimbursement of costs by foreign countries from which persons are admitted.—

(A)Reimbursement required.—

Each foreign country from which a cadet or midshipman is permitted to receive instruction at one of the Service Academies under this subsection shall reimburse the United States for the cost of providing such instruction, including the cost of pay, allowances, and emoluments provided under paragraph (5). The Secretaries of the military departments shall prescribe the rates for reimbursement under this paragraph, except that the reimbursement rates may not be less than the cost to the United States of providing such instruction, including pay, allowances, and emoluments, to a cadet or midshipman appointed from the United States.

(B)Waiver authority.—

The Secretary of Defense may waive, in whole or in part, the requirement for reimbursement of the cost of instruction for a cadet or midshipman under subparagraph (A). In the case of a partial waiver, the Secretary of Defense shall establish the amount waived.

(7)Applicability of academy regulations, etc.—

(A)In general.—

Except as the Secretary of the military department concerned determines, a person receiving instruction under this subsection at the Service Academy under the jurisdiction of that Secretary is subject to the same regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation as a cadet or midshipman at that Academy appointed from the United States.

(B)Classified information.—

The Secretary of the military department concerned may prescribe regulations with respect to access to classified information by a person receiving instruction under this subsection at the Service Academy under the jurisdiction of that Secretary that differ from the regulations that apply to a cadet or midshipman at that Academy appointed from the United States.

(8)Ineligibility for appointment in the united states armed forces.—

A person receiving instruction at a Service Academy under this subsection is not entitled to an appointment in an armed force of the United States by reason of graduation from the Academy.

(9)Inapplicability of requirement for taking oath of admission.—

A person receiving instruction under this subsection is not subject to section 7446(d), 8458(d), or 9446(d) of this title, as the case may be.

(b)Exchange Programs With Foreign Military Academies.—

(1)Exchange programs authorized.—

The Secretary of a military department may permit a student enrolled at a military academy of a foreign country to receive instruction at the Service Academy under the jurisdiction of that Secretary in exchange for a cadet or midshipman receiving instruction at that foreign military academy pursuant to an exchange agreement entered into between the Secretary and appropriate officials of the foreign country. A student receiving instruction at a Service Academy under the exchange program under this subsection shall be in addition to persons receiving instruction at the Academy under subsection (a).

(2)Limitations on number and duration of exchanges.—

An exchange agreement under this subsection between the Secretary and a foreign country shall provide for the exchange of students on a one-for-one basis each fiscal year. Not more than 100 cadets or midshipmen from each Service Academy and a comparable number of students from foreign military academies participating in the exchange program may be exchanged during any fiscal year. The duration of an exchange may not exceed the equivalent of one academic semester at a Service Academy.

(3)Costs and expenses.—

(A)No pay and allowances.—

A student from a military academy of a foreign country is not entitled to the pay, allowances, and emoluments of a cadet or midshipman by reason of attendance at a Service Academy under the exchange program, and the Department of Defense may not incur any cost of international travel required for transportation of such a student to and from the sponsoring foreign country.

(B)Subsistence, transportation, etc.—

The Secretary of the military department concerned may provide a student from a foreign country under the exchange program, during the period of the exchange, with subsistence, transportation within the continental United States, clothing, health care, and other services to the same extent that the foreign country provides comparable support and services to the exchanged cadet or midshipman in that foreign country.

(C)Source of funds.—

A Service Academy shall bear all costs of the exchange program from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with the exchange program.

(D)Limitation on expenditures.—

Expenditures in support of the exchange program from funds appropriated for each Academy may not exceed $1,000,000 during any fiscal year.

(4)Application of other laws.—

Paragraphs (7), (8), and (9) of subsection (a) shall apply with respect to a student enrolled at a military academy of a foreign country while attending a Service Academy under the exchange program.

(5)Regulations.—

The Secretary of the military department concerned shall prescribe regulations to implement this subsection. Such regulations may include qualification criteria and methods of selection for students of foreign military academies to participate in the exchange program.

(c)Foreign and Cultural Exchange Activities.—

(1)Attendance authorized.—

The Secretary of a military department may authorize the Service Academy under the jurisdiction of that Secretary to permit students, officers, and other representatives of a foreign country to attend that Academy for periods of not more than four weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross-cultural interactions and understanding, and cultural immersion of cadets or midshipmen, as the case may be.

(2)Effect of attendance.—

Persons attending a Service Academy under paragraph (1) are not considered to be students enrolled at that Academy and are in addition to persons receiving instruction at that Academy under subsection (a) or (b).

(3)Financial matters.—

(A)Costs and expenses.—

The Secretary of a military department may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Service Academy under the jurisdiction of that Secretary under paragraph (1).

(B)Source of funds.—

Each Service Academy shall bear the costs of the attendance of persons at that Academy under paragraph (1) from funds appropriated for that Academy and from such additional funds as may be available to that Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.

(C)Limitation on expenditures.—

Expenditures from appropriated funds in support of activities under this subsection for any Service Academy may not exceed $40,000 during any fiscal year.

(d)Service Academy Defined.—

In this section, the term “Service Academy” means the following:

(1)

The United States Military Academy.

(2)

The United States Naval Academy.

(3)

The United States Air Force Academy.

Source credit: (Added Pub. L. 114–328, div. A, title XII, § 1248(a), Dec. 23, 2016, 130 Stat. 2522; amended Pub. L. 115–91, div. A, title X, § 1081(a)(18), Dec. 12, 2017, 131 Stat. 1595; Pub. L. 115–232, div. A, title VIII, § 809(a), title XII, § 1204(c)(1)(D), Aug. 13, 2018, 132 Stat. 1840, 2017; Pub. L. 118–159, div. A, title V, § 551, Dec. 23, 2024, 138 Stat. 1893.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2522
2017Amended · Pub. L. 115-91 · 131 Stat. 1595
2018Amended · Pub. L. 115-232 · 132 Stat. 1840, 2017
2024Amended · Pub. L. 118-159 · 138 Stat. 1893

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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