
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(c)(1),]
[Document affected by Public Law 107-107 Section 533(c)(3)]
[CITE: 10USC9344]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART III--TRAINING
 
              CHAPTER 903--UNITED STATES AIR FORCE ACADEMY
 
Sec. 9344. Selection of persons from foreign countries

    (a)(1) The Secretary of the Air Force 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 Air Force Cadets of the Academy under section 9342 of 
this title.
    (2) The Secretary of the Air Force, 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 Air Force 
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 Air Force 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 Air Force 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 Air 
Force Academy under this section at any one time.
    (c)(1) Except as the Secretary of the Air Force 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 9346(d) of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 564; Pub. L. 98-94, title X, 
Sec. 1004(c)(1), Sept. 24, 1983, 97 Stat. 659; Pub. L. 105-85, div. A, 
title V, Sec. 543(c), Nov. 18, 1997, 111 Stat. 1744; Pub. L. 106-65, 
div. A, title V, Sec. 534(c), Oct. 5, 1999, 113 Stat. 605; Pub. L. 106-
398, Sec. 1 [[div. A], title V, Sec. 532(c)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-110.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
9344(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,
9344(b)...............................  10:1093c (3d sentence).               S
ec.  2, 62 Stat. 280.
9344(c)...............................  10:1093c (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``at West Point, New York'' are omitted 
as inapplicable to the Air Force.
    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; 10:1093c (proviso of last sentence) is omitted, 
since 10:1099 is inapplicable to the Air Force and 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(c)(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 cadet appointed from the United 
States.'' for period at end.
    Subsec. (b)(3). Pub. L. 105-85, Sec. 543(c)(2), added par. (3).
    1983--Pub. L. 98-94 substituted ``foreign countries'' for ``Canada 
and American Republics'' in section catchline.
    Subsec. (a). Pub. L. 98-94 amended subsec. (a) generally, 
substituting ``The Secretary of the Air Force may permit not more than 
40 persons at any one time from foreign countries to receive instruction 
at the Academy'' and ``Such persons shall be in addition to the 
authorized strength of the Air Force Cadets of the Academy under section 
9342 of this title'' for ``Upon designation by the President, the 
Secretary of the Air Force 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'' and ``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 first 
two sentences of subsec. (a) and designating those sentences as par. 
(1), and adding par. (2).
    Subsec. (b). Pub. L. 98-94 amended subsec. (b) generally, 
designating existing provisions as par. (1), striking out provisions 
that had directed that the mileage allowance payable to persons for 
travel to the Academy for initial admission was not limited to mileage 
for travel within the United States, and adding par. (2).
    Subsec. (c). Pub. L. 98-94 amended subsec. (c) generally, 
designating first sentence of subsec. (c) as par. (1), inserting 
provisions 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 cadet at the Academy appointed from the United States, and 
designating the second sentence of subsec. (c) as par. (2).
    Subsec. (d). Pub. L. 98-94, in amending section generally, added 
subsec. (d).


                    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 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; Air Force Academy 
Instruction; Benefits, Limitations, Restrictions, and Regulations; Oath 
                               of Trainees

    Air Force 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 9345 of this title; title 20 
section 221a.
