### §2347c. Exchange training; reciprocity agreement

#### (a) Attendance of foreign military personnel at professional military education institutions

In carrying out this part, the President is authorized to provide for attendance of foreign military personnel at professional military education institutions in the United States (other than service academies) without charge, and without charge to funds available to carry out this part (notwithstanding section 2392(d) of this title), if such attendance is pursuant to an agreement providing for the exchange of students on a one-for-one, reciprocal basis each fiscal year between those United States professional military education institutions and comparable institutions of foreign countries and international organizations.

#### (b) Attendance of foreign military and civilian defense personnel at flight training schools and programs

The President may provide for the attendance of foreign military and civilian defense personnel at flight training schools and programs (including test pilot schools) in the United States without charge, and without charge to funds available to carry out this part (notwithstanding section 2392(d) of this title), if such attendance is pursuant to an agreement providing for the exchange of students on a one-for-one basis each fiscal year between those United States flight training schools and programs (including test pilot schools) and comparable flight training schools and programs of foreign countries.

#### (c) Post-undergraduate flying training and tactical leadership programs at training locations in Southwest Asia

(1) The President is authorized to enter into cooperative arrangements providing for the participation of foreign and United States military and civilian defense personnel in post-undergraduate flying training and tactical leadership programs and integrated air and missile defense programs at training locations in Southwest Asia without charge to participating foreign countries, and without charge to funds available to carry out this part (notwithstanding section 2392(d) of this title). Such training must satisfy common requirements with the United States for post-undergraduate flying and tactical leadership training and integrated air and missile defense training.

(2) Cooperative arrangements under this subsection shall require an equitable contribution of support and services from each participating country. The President may waive the requirement for an equitable contribution of a participating foreign country if he determines that to do so is important to the national security interests of the United States.

(3) Costs incurred by the United States shall be charged to the current applicable appropriations accounts or funds of the participating United States Government agencies.

(4) The President shall report to the appropriate congressional committees (as defined in section 2416(e) of this title) annually on the activities undertaken in the programs authorized under this subsection.

(Pub. L. 87–195, pt. II, §544, as added Pub. L. 99–83, title I, §126, Aug. 8, 1985, 99 Stat. 205; amended Pub. L. 104–164, title I, §112(b), July 21, 1996, 110 Stat. 1427; Pub. L. 107–228, div. B, title XII, §1213, Sept. 30, 2002, 116 Stat. 1429; Pub. L. 113–66, div. A, title XII, §1233, Dec. 26, 2013, 127 Stat. 920; Pub. L. 113–276, title II, §203, Dec. 18, 2014, 128 Stat. 2990.)

#### **Editorial Notes**

#### Amendments

2014—Subsec. (c)(4). Pub. L. 113–276 added par. (4).

2013—Subsec. (c)(1). Pub. L. 113–66 inserted "and integrated air and missile defense programs" after "tactical leadership programs" and "and integrated air and missile defense training" after "tactical leadership training".

2002—Subsec. (c). Pub. L. 107–228 added subsec. (c).

1996—Pub. L. 104–164 designated existing provisions as subsec. (a) and added subsec. (b).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amendment note under section 2151–1 of this title.

#### Authority for Exchange Training Through Specified Professional Military Education Institution Outside United States

Pub. L. 101–189, div. A, title IX, §935, Nov. 29, 1989, 103 Stat. 1538, provided that:

"(a) Authority.—The United States Army Russian Institute in Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated for purposes of section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c) as if it were located in the United States.

"(b) Expiration of Authority.—Subsection (a) shall cease to be in effect upon the enactment in foreign assistance authorizing legislation of an amendment to section 544 of the Foreign Assistance Act of 1961 that provides the same authority as is provided by subsection (a)."

#### **Executive Documents**

#### Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.