
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 533(a)(1),]
[Document affected by Public Law 107-107 Section 533(a)(3)]
[Document affected by Public Law 107-107 Section 533(d)]
[CITE: 10USC4344]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART III--TRAINING
 
               CHAPTER 403--UNITED STATES MILITARY ACADEMY
 
Sec. 4344. Selection of persons from foreign countries

    (a)(1) The Secretary of the Army may permit not more than 40 persons 
at any one time from foreign countries to receive instruction at the 
Academy. Such persons shall be in addition to the authorized strength of 
the Corps of the Cadets of the Academy under section 4342 of this title.
    (2) The Secretary of the Army, upon approval by the Secretary of 
Defense, shall determine the countries from which persons may be 
selected for appointment under this section and the number of persons 
that may be selected from each country. The Secretary of the Army may 
establish entrance qualifications and methods of competition for 
selection among individual applicants under this section and shall 
select those persons who will be permitted to receive instruction at the 
Academy under this section.
    (3) In selecting persons to receive instruction under this section 
from among applicants from the countries approved under paragraph (2), 
the Secretary of the Army shall give a priority to persons who have a 
national service obligation to their countries upon graduation from the 
Academy.
    (b)(1) A person receiving instruction under this section is entitled 
to the pay, allowances, and emoluments of a cadet appointed from the 
United States, and from the same appropriations.
    (2) Each foreign country from which a cadet is permitted to receive 
instruction at the Academy under this section shall reimburse the United 
States for the cost of providing such instruction, including the cost of 
pay, allowances, and emoluments provided under paragraph (1) unless a 
written waiver of reimbursement is granted by the Secretary of Defense. 
The Secretary of the Army 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 appointed from the 
United States.
    (3) The amount of reimbursement waived under paragraph (2) may not 
exceed 50 percent of the per-person reimbursement amount otherwise 
required to be paid by a foreign country under such paragraph, except in 
the case of not more than 20 persons receiving instruction at the 
Academy under this section at any one time.
    (c)(1) Except as the Secretary of the Army determines, a person 
receiving instruction under this section is subject to the same 
regulations governing admission, attendance, discipline, resignation, 
discharge, dismissal, and graduation as a cadet at the Academy appointed 
from the United States. The Secretary may prescribe regulations with 
respect to access to classified information by a person receiving 
instruction under this section that differ from the regulations that 
apply to a cadet at the Academy appointed from the United States.
    (2) A person receiving instruction under this section is not 
entitled to an appointment in an armed force of the United States by 
reason of graduation from the Academy.
    (d) A person receiving instruction under this section is not subject 
to section 4346(d) of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 98-94, title X, 
Sec. 1004(a)(1), Sept. 24, 1983, 97 Stat. 657; Pub. L. 105-85, div. A, 
title V, Sec. 543(a), Nov. 18, 1997, 111 Stat. 1743; Pub. L. 106-65, 
div. A, title V, Sec. 534(a), Oct. 5, 1999, 113 Stat. 605; Pub. L. 106-
398, Sec. 1 [[div. A], title V, Sec. 532(a)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-110.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4344(a)...............................  10:1093c (less 3d and last           Ju
ne 26, 1946, ch. 493, Sec.  1, 60
                                         sentences).                          S
tat. 311; June 1, 1948, ch. 357,
4344(b)...............................  10:1093c (3d sentence).               S
ec.  2, 62 Stat. 280.
4344(c)...............................  10:1093c (last sentence, less
                                         proviso).
4344(d)...............................  10:1093c (proviso of last
                                         sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``at West Point, New York'' are omitted 
as surplusage.
    In subsection (b), the words ``is entitled to'' are substituted for 
the words ``shall receive''. The words ``performed in proceeding'' are 
omitted as surplusage. The words ``continental limits'' are omitted, 
since section 101(1) of this title defines the United States to include 
only the States and the District of Columbia.
    In subsection (c), the words ``to any office or position'' are 
omitted as surplusage.
    In subsection (d), the words ``and 1101'' are omitted, since section 
1321 of the Revised Statutes, previously codified in 10:1101, was 
repealed by section 6(b) of the Act of June 30, 1950, ch. 421, 64 Stat. 
305.


                               Amendments

    2000--Subsec. (a)(3). Pub. L. 106-398 added par. (3).
    1999--Subsec. (b)(3). Pub. L. 106-65 substituted ``50 percent'' for 
``35 percent'' and ``20 persons'' for ``five persons''.
    1997--Subsec. (b)(2). Pub. L. 105-85, Sec. 543(a)(1), inserted 
before period at end ``, 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 appointed from the 
United States''.
    Subsec. (b)(3). Pub. L. 105-85, Sec. 543(a)(2), added par. (3).
    1983--Pub. L. 98-94 substituted ``persons from foreign countries'' 
for ``persons from Canada and American Republics'' in section catchline.
    Subsec. (a)(1). Pub. L. 98-94 substituted ``The Secretary of the 
Army may permit not more than 40 persons at any one time from foreign 
countries to receive instruction at the Academy'' for ``Upon designation 
by the President, the Secretary of the Army may permit not more than 20 
persons at any one time from Canada and the American Republics, other 
than the United States, to receive instruction at the Academy'' as the 
first sentence of existing subsec. (a), redesignated that first sentence 
as par. (1), and in par. (1) as so redesignated inserted second sentence 
providing that such persons shall be in addition to the authorized 
strength of the Corps of the Cadets of the Academy under section 4342 of 
this title.
    Subsec. (a)(2). Pub. L. 98-94 substituted ``The Secretary of the 
Army, upon approval by the Secretary of Defense, shall determine the 
countries from which persons may be selected for appointment under this 
section and the number of persons that may be selected from each 
country'' for ``However, not more than three persons from any one of 
those republics or from Canada may receive instruction under this 
section at any one time'' as the second sentence of existing subsec. 
(a), redesignated that second sentence as par. (2), and in par. (2) as 
so redesignated inserted second sentence providing that the Secretary of 
the Army may establish entrance qualifications and methods of 
competition for selection among individual applicants under this section 
and shall select those persons who will be permitted to receive 
instruction at the Academy under this section.
    Subsec. (b)(1). Pub. L. 98-94 redesignated first sentence of 
existing subsec. (b) as par. (1) thereof.
    Subsec. (b)(2). Pub. L. 98-94 substituted ``Each foreign country 
from which a cadet is permitted to receive instruction at the Academy 
under this section shall reimburse the United States for the cost of 
providing such instruction, including the cost of pay, allowances, and 
emoluments provided under paragraph (1) unless a written waiver of 
reimbursement is granted by the Secretary of Defense'' for ``However, 
the mileage allowance payable to that person for travel to the Academy 
for initial admission is not limited to mileage for travel within the 
United States'' as second sentence of existing subsec. (b), redesignated 
that second sentence as par. (2) and inserted second sentence providing 
that the Secretary of the Army shall prescribe the rates for 
reimbursement under this paragraph.
    Subsec. (c)(1). Pub. L. 98-94 redesignated first sentence of 
existing subsec. (c) as par. (1) and inserted second sentence providing 
that the Secretary may prescribe regulations with respect to access to 
classified information by a person receiving instruction under this 
section that differ from the regulations that apply to a cadet at the 
Academy appointed from the United States.
    Subsec. (c)(2). Pub. L. 98-94 redesignated second sentence of 
existing subsec. (c) as par. (2) and substituted ``appointment in an 
armed force of the United States'' for ``appointment in the United 
States Army''.
    Subsec. (d). Pub. L. 98-94 reenacted subsec. (d) without change.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 532(d)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-110, provided that: ``The amendments made by 
this section [amending this section and sections 6957 and 9344 of this 
title] shall apply with respect to academic years that begin after 
October 1, 2000.''


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title V, Sec. 534(d), Oct. 5, 1999, 113 
Stat. 605, provided that: ``The amendments made by this section 
[amending this section and sections 6957 and 9344 of this title] apply 
with respect to students from a foreign country entering the United 
States Military Academy, the United States Naval Academy, or the United 
States Air Force Academy on or after May 1, 1999.''


                    Effective Date of 1997 Amendment

    Section 543(d) of Pub. L. 105-85 provided that: ``The amendments 
made by this section [amending this section and sections 6957 and 9344 
of this title] apply with respect to students from a foreign country 
entering the United States Military Academy, the United States Naval 
Academy, or the United States Air Force Academy on or after May 1, 
1998.''


                    Effective Date of 1983 Amendment

    Section 1004(d) of Pub. L. 98-94 provided that:
    ``Sections 4344(b)(2), 6957(b)(2), and 9344(b)(2) of title 10, 
United States Code, as added by this section, do not apply to the cost 
of providing instruction to a person who, before the effective date of 
this section, entered the United States Military Academy, the United 
States Naval Academy, or the United States Air Force Academy under 
section 4344, 4345, 6957, 9344, or 9345 of such title, as in effect on 
the day before such date. Any such person shall be counted against the 
maximum of 40 persons who may attend the Academy concerned at any time 
under any of those sections.
    ``The amendments made by subsections (a), (b), and (c) [amending 
this section and sections 6957 and 9344 of this title and repealing 
sections 4345 and 9345 of this title] shall take effect one year after 
the date of the enactment of this Act [Sept. 24, 1983] and shall apply 
to each person entering the United States Military Academy, the United 
States Naval Academy, or the United States Air Force Academy after that 
effective date.''


   Persons From Countries Assisting U.S. in Vietnam: Service Academy 
Instruction; Benefits, Limitations, Restrictions, and Regulations; Oath 
                               of Trainees

    Pub. L. 89-802, Nov. 9, 1966, 80 Stat. 1518, provided that:
    ``(a) Notwithstanding any other provision of law, upon designation 
by the President, the Secretary of the Army, the Secretary of the Navy, 
and the Secretary of the Air Force, respectively, may permit persons 
from foreign countries to receive instruction at the Military Academy, 
the Naval Academy, and the Air Force Academy.
    ``(b) A person may not be admitted to an Academy for instruction 
under this Act unless his country at the time of his admission is 
assisting the United States in Vietnam by the provision of manpower or 
bases.
    ``(c) Not more than four persons may receive instruction under this 
Act at any one Academy at any one time.
    ``(d) No person may be admitted to an Academy under this Act after 
October 1, 1970.
    ``(e) A person receiving instruction under this Act is entitled to 
the pay, allowances, and emoluments of a cadet or midshipman appointed 
from the United States and from the same appropriations.
    ``(f) Except as the Secretary determines, a person receiving 
instruction under this Act is subject to the same regulations governing 
admission, attendance, discipline, resignation, discharge, dismissal and 
graduation as a cadet or midshipman appointed from the United States. 
However, a person receiving instruction under this Act is not entitled 
to an appointment in the Armed Forces of the United States by reason of 
his graduation from an Academy.
    ``(g) A person receiving instruction under this Act is not subject 
to section 4346(d) of title 10, United States Code.''

                  Section Referred to in Other Sections

    This section is referred to in section 4345 of this title; title 20 
section 221a.
