
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(b)(1),]
[Document affected by Public Law 107-107 Section 533(b)(3)]
[CITE: 10USC6957]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
                CHAPTER 603--UNITED STATES NAVAL ACADEMY
 
Sec. 6957. Selection of persons from foreign countries

    (a)(1) The Secretary of the Navy 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 midshipmen under section 6954 of this title.
    (2) The Secretary of the Navy, 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 Navy 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 Navy 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 midshipman appointed from 
the United States, and from the same appropriations.
    (2) Each foreign country from which a midshipman 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 Navy 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 midshipman 
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 Naval 
Academy under this section at any one time.
    (c)(1) Except as the Secretary of the Navy 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 midshipman 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 midshipman 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 6958(d) of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 431; Pub. L. 98-94, title X, 
Sec. 1004(b)(1), Sept. 24, 1983, 97 Stat. 658; Pub. L. 105-85, div. A, 
title V, Secs. 541(b), 543(b), Nov. 18, 1997, 111 Stat. 1740, 1743; Pub. 
L. 106-65, div. A, title V, Sec. 534(b), Oct. 5, 1999, 113 Stat. 605; 
Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 532(b)], Oct. 30, 2000, 
114 Stat. 1654, 1654A-110.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6957(a)...............................  34 U.S.C. 1036.                      Ju
ne 29, 1906, ch. 3590, 34 Stat.
                                                                              5
77 (1st par.).
6957(b), (c), (d).....................  34 U.S.C. 1036-1.                    Ju
ly 14, 1941, ch. 292, 55 Stat.
                                                                              5
89; June 1, 1948, ch. 357, Sec.
                                                                              1
, 62 Stat. 279.
                                        34 U.S.C. 1036-2.                    Ju
ne 24, 1948, ch. 616, 62 Stat.
                                                                              5
83.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b) the location of the Academy is omitted as 
surplusage.
    In subsection (b) the words ``from the Republic of the Philippines'' 
are substituted for the word ``Filipinos'' to indicate the proper 
designation of that country.
    In subsection (c) reference to ``emoluments'' is omitted, as that 
term has no present significance with reference to midshipmen.
    In subsection (d) the words ``rules and'' and ``any office or 
position'' are omitted as surplusage and the provision is extended to 
cover specifically the Marine Corps, since ``Navy'' in this context is 
so interpreted.


                               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(b)(1), substituted 
``, 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 midshipman appointed from the United 
States.'' for period at end.
    Subsec. (b)(3). Pub. L. 105-85, Sec. 543(b)(2), added par. (3).
    Subsec. (d). Pub. L. 105-85, Sec. 541(b), added subsec. (d).
    1983--Pub. L. 98-94 substituted ``Selection of persons from foreign 
countries'' for ``Admission of foreigners for instruction: restrictions; 
conditions'' in section catchline.
    Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally. Prior to 
amendment, subsec. (a) read as follows: ``No person from a foreign 
country may be permitted to receive instruction at the Naval Academy 
except as authorized by this section.''
    Subsec. (b). Pub. L. 98-94 amended subsec. (b) generally, 
redesignating former subsec. (c) as par. (1) and in par. (1), as so 
redesignated, substituted ``pay, allowances, and emoluments of a 
midshipman appointed from the United States, and from the same 
appropriations'' for ``same pay and allowances, to be paid from the same 
appropriations, as midshipmen'', and added par. (2). Former subsec. (b), 
relating to the authority of the Secretary of the Navy to limit the 
numbers of foreigners studying at the Academy, was struck out.
    Subsec. (c). Pub. L. 98-94 amended subsec. (c) generally, 
designating first sentence of former subsec. (d) as par. (1) and in par. 
(1), as so designated, substituted ``as a midshipman at the Academy 
appointed from the United States'' for ``as a midshipman'', and inserted 
sentence authorizing the Secretary to 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 
midshipman at the Academy appointed from the United States; and 
designating the second sentence of former subsec. (d) as par. (2) and in 
par. (2), as so designated, substituted ``A person'' for ``However, a 
person'' and ``an armed force of the United States'' for ``the Navy or 
the Marine Corps''. Former subsec. (c) was redesignated (b)(1).
    Subsec. (d). Pub. L. 98-94, as part of the general amendment of this 
section, omitted subsec. (d) and incorporated its provisions into 
subsec. (c).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-398 applicable with respect to academic 
years that begin after Oct. 1, 2000, see section 1 [[div. A], title V, 
Sec. 532(d)] of Pub. L. 106-398, set out as a note under section 4344 of 
this title.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-65 applicable with respect to students from 
a foreign country entering the United States Military Academy, Naval 
Academy, or Air Force Academy on or after May 1, 1999, see section 
534(d) of Pub. L. 106-65, set out as a note under section 4344 of this 
title.


                    Effective Date of 1997 Amendment

    Amendment by section 543(b) of Pub. L. 105-85 applicable with 
respect to students from foreign country entering United States Military 
Academy, United States Naval Academy, or United States Air Force Academy 
on or after May 1, 1998, see section 543(d) of Pub. L. 105-85, set out 
as a note under section 4344 of this title.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-94 effective one year after Sept. 24, 1983, 
and applicable to persons entering the Academy after such date, with 
subsec. (b)(2) of this section, as amended, not to apply to the cost of 
providing instruction to a person who, before such date, entered the 
Academy, see section 1004(d) of Pub. L. 98-94, set out as a note under 
section 4344 of this title.


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

    Naval Academy instruction of persons from countries assisting U.S. 
in Vietnam, numerical limitation, prohibition against appointment of 
graduates to the Armed Forces, exemption from oath, etc., see Pub. L. 
89-802, Nov. 9, 1966, 80 Stat. 1518, set out as a note under section 
4344 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6957a of this title.
