10 USC 6957 - Sec. 6957. Selection of persons from foreign countries

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(a)(1) The Secretary of the Navy may permit not more than 60 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). 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 Secretary of Defense may waive, in whole or in part, the requirement for reimbursement of the cost of instruction for a midshipman under paragraph (2). In the case of a partial waiver, the Secretary shall establish the amount waived. (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.

Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at section Large)

6957(a) 34 U.S.C. 1036. June 29, 1906, ch. 3590, 34 Stat. 577 (1st par.). 6957(b), 34 U.S.C. 1036-1. July 14, 1941, ch. 292, (c), (d) 55 Stat. 589; June 1, 1948, ch. 357, Sec. 1, 62 Stat. 279. 34 U.S.C. 1036-2. June 24, 1948, ch. 616, 62 Stat. 583.

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 2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 533(b)(1), substituted "60" for "40". Subsec. (b)(2). Pub. L. 107-107, Sec. 533(b)(2)(A), struck out "unless a written waiver of reimbursement is granted by the Secretary of Defense" before period at end of first sentence.

Subsec. (b)(3). Pub. L. 107-107, Sec. 533(b)(2)(B), added par. (3) and struck out former par. (3) which read as follows: "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." 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 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 533(b)(3), Dec. 28, 2001, 115 Stat. 1106, provided that: "The amendments made by paragraph (2) [amending this section] shall not apply with respect to any person who entered the United States Naval Academy to receive instruction under section 6957 of title 10, United States Code, before the date of the enactment of this Act [Dec. 28, 2001]." Amendment by Pub. L. 107-107 inapplicable with respect to any academic year that began before Dec. 28, 2001, see section 533(d) of Pub. L. 107-107, set out as a note under section 4344 of this title.

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.