2013 US Code
Title 10 - Armed Forces
Subtitle B - Army (§§ 3001 - 4842)
Part III - TRAINING (§§ 4301 - 4417)
Chapter 403 - UNITED STATES MILITARY ACADEMY (§§ 4331 - 4361)
Section 4345 - Exchange program with foreign military academies

(a) Exchange Program Authorized.—The Secretary of the Army may permit a student enrolled at a military academy of a foreign country to receive instruction at the Academy in exchange for a cadet receiving instruction at that foreign military academy pursuant to an exchange agreement entered into between the Secretary and appropriate officials of the foreign country. Students receiving instruction at the Academy under the exchange program shall be in addition to persons receiving instruction at the Academy under section 4344 of this title.

(b) Limitations on Number and Duration of Exchanges.—An exchange agreement under this section 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 and a comparable number of students from all 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 the Academy.

(c) Costs and Expenses.—(1) A student from a military academy of a foreign country is not entitled to the pay, allowances, and emoluments of a cadet by reason of attendance at the 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.

(2) The Secretary 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 in that foreign country.

(3) The Academy shall bear all costs of the exchange program from funds appropriated for the Academy and such additional funds as may be available to the 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.

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

(d) Application of Other Laws.—Subsections (c) and (d) of section 4344 of this title shall apply with respect to a student enrolled at a military academy of a foreign country while attending the Academy under the exchange program.

(e) Regulations.—The Secretary shall prescribe regulations to implement this section. Such regulations may include qualification criteria and methods of selection for students of foreign military academies to participate in the exchange program.

(Added Pub. L. 105–85, div. A, title V, §542(a)(1), Nov. 18, 1997, 111 Stat. 1740; amended Pub. L. 106–65, div. A, title V, §535(a), Oct. 5, 1999, 113 Stat. 605; Pub. L. 109–364, div. A, title V, §531(a), Oct. 17, 2006, 120 Stat. 2198.)

A prior section 4345, act Aug. 10, 1956, ch. 1041, 70A Stat. 242, related to selection of Filipinos for instruction at the Military Academy, prior to repeal by Pub. L. 98–94, title X, §1004(a)(2), (d), Sept. 24, 1983, 97 Stat. 658, 660, effective one year after Sept. 24, 1983. See section 4344 of this title.

2006—Subsec. (b). Pub. L. 109–364, §531(a)(1), substituted "100" for "24".

Subsec. (c)(3). Pub. L. 109–364, §531(a)(2)(A), inserted "and such additional funds as may be available to the 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." after "for the Academy" and struck out at end "Expenditures in support of the exchange program may not exceed $120,000 during any fiscal year."

Subsec. (c)(4). Pub. L. 109–364, §531(a)(2)(B), added par. (4).

1999—Subsec. (b). Pub. L. 106–65, §535(a)(1), substituted "24 cadets" for "10 cadets".

Subsec. (c)(3). Pub. L. 106–65, §535(a)(2), substituted "$120,000" for "$50,000".

Pub. L. 109–364, div. A, title V, §531(d), Oct. 17, 2006, 120 Stat. 2199, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Oct. 17, 2006]. The amendments made by subsections (b) and (c) [amending sections 6957a and 9345 of this title] shall take effect on October 1, 2008."