10 U.S.C. § 350 — Inter-European Air Forces Academy

Page 398 TITLE 10—ARMED FORCES § 349 the Air Force may carry out an Aviation Lead- ership Program to provide undergraduate pilot training and necessary related training to per- sonnel of the air forces of friendly, developing foreign countries. Training under this section shall include language training and programs to promote better awareness and understanding of the democratic institutions and social frame- work of the United States. (b) SUPPLIES AND CLOTHING.—(1) The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this section— (A) transportation incident to the training; (B) supplies and equipment to be used during the training; (C) flight clothing and other special clothing required for the training; and (D) billeting, food, and health services. (2) The Secretary may authorize such expendi- tures from the appropriations of the Air Force as the Secretary considers necessary for the effi- cient and effective maintenance of the Program in accordance with this section. (c) ALLOWANCES.—The Secretary of the Air Force may pay to a person receiving training under this section a living allowance at a rate to be prescribed by the Secretary, taking into ac- count the amount of living allowances author- ized for a member of the armed forces under similar circumstances. (Added Pub. L. 114–328, div. A, title XII, § 1241(i)(1), Dec. 23, 2016, 130 Stat. 2507.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in chapter 905 of this title prior to repeal by Pub. L. 114–328. Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 103–160, div. A, title XI, § 1178(a), Nov. 30, 1993, 107 Stat. 1768, provided that: ‘‘The Congress finds the following: ‘‘(1) The training in the United States of pilots from the air forces of friendly foreign nations fur- thers the interests of the United States, promotes closer relations with such nations, and advances the national security. ‘‘(2) Many friendly foreign nations cannot afford to reimburse the United States for the cost of such training. ‘‘(3) It is in the interest of the United States that the Secretary of the Air Force establish a program to train in the United States pilots from the air forces of friendly, less developed foreign nations.’’ § 349. Inter-American Air Forces Academy (a) OPERATION.—The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training to military per- sonnel of Central and South American coun- tries, Caribbean countries, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.). (b) LIMITATIONS.— (1) CONCURRENCE OF SECRETARY OF STATE.— Military personnel of a foreign country may be provided education and training under this section only with the concurrence of the Sec- retary of State. (2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—Education and training may not be pro- vided under this section to the military per- sonnel of any country that is otherwise pro- hibited from receiving such type of assistance under any other provision of law. (c) COSTS.—The fixed costs of operating and maintaining the Inter-American Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force. (Added Pub. L. 101–510, div. A, title III, § 330(a), Nov. 5, 1990, 104 Stat. 1535, § 9415; renumbered § 349 and amended Pub. L. 114–328, div. A, title XII, § 1241(j), Dec. 23, 2016, 130 Stat. 2508.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 5 of part II of such Act is classified generally to part V of subchapter II (§ 2347 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. AMENDMENTS 2016—Pub. L. 114–328, § 1241(j)(1), renumbered section 9415 of this title as this section. Subsecs. (b), (c). Pub. L. 114–328, § 1241(j)(2), added sub- sec. (b) and redesignated former subsec. (b) as (c). § 350. Inter-European Air Forces Academy (a) OPERATION.—The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy (in this section referred to as the ‘‘Academy’’). (b) PURPOSE.—The purpose of the Academy shall be to provide military education and train- ing to military personnel of countries that are— (1) members of the North Atlantic Treaty Organization; (2) signatories to the Partnership for Peace Framework Documents; or (3)(A) within the United States Africa Com- mand area of responsibility; and (B) eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.). (c) LIMITATIONS.— (1) CONCURRENCE OF SECRETARY OF STATE.— Military personnel of a country may be pro- vided education and training under this sec- tion only with the concurrence of the Sec- retary of State. (2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—Education and training may not be pro- vided under this section to the military per- sonnel of any country that is otherwise pro- hibited from receiving such type of assistance under any other provision of law. (d) SUPPLIES AND CLOTHING.—The Secretary of the Air Force may, under such conditions as the Page 399 TITLE 10—ARMED FORCES § 351 Secretary may prescribe, provide to a person re- ceiving education and training under this sec- tion the following: (1) Transportation incident to such edu- cation and training. (2) Supplies and equipment to be used during such education and training. (3) Billeting, food, and health services in connection with the receipt of such education and training. (e) LIVING ALLOWANCE.—The Secretary of the Air Force may pay to a person receiving edu- cation and training under this section a living allowance at a rate to be prescribed by the Sec- retary, taking into account the rates of living allowances authorized for a member of the Armed Forces under similar circumstances. (f) FUNDING.—Amounts for the operations and maintenance of the Academy, and for the provi- sion of education and training through the Academy, may be paid from funds available for the Air Force for operation and maintenance. (Added Pub. L. 114–328, div. A, title XII, § 1241(k)(1), Dec. 23, 2016, 130 Stat. 2508; amended Pub. L. 116–283, div. A, title XII, § 1205, Jan. 1, 2021, 134 Stat. 3912.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(3)(B), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 5 of part II of the Act is classified generally to part V (§ 2347 et seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Ta- bles. CODIFICATION Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a) to (f) of section 1268 of Pub. L. 113–291, div. A, title XII, Dec. 19, 2014, 128 Stat. 3585, which was formerly set out as a note under section 9411 of this title, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1241(k)(2), Dec. 23, 2016, 130 Stat. 2509. AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘that are—’’ for ‘‘that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents.’’ and added pars (1) to (3). § 351. Inter-American Defense College (a) AUTHORITY TO SUPPORT.—The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American De- fense College, including the use of Department of Defense facilities and equipment, as the Sec- retary considers necessary to— (1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-Amer- ican system, and related disciplines; and (2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Depart- ment of Defense senior service colleges and that includes the promotion of security co- operation, human rights, humanitarian assist- ance and disaster response, peacekeeping, and democracy in the Western Hemisphere. (b) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memo- randum of understanding with the Inter-Amer- ican Defense Board for the participation of members of the armed forces and civilian per- sonnel of the Department of Defense in the oper- ation of and provision of host nation support to the Inter-American Defense College under sub- section (a). (2) If Department of Defense facilities, equip- ment, or funds will be used to support the Inter- American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other fund- ing arrangement relating to the use of such fa- cilities, equipment, or funds. (3) A memorandum of understanding entered into under paragraph (1) shall also include a cur- riculum and a plan for academic program devel- opment. (c) USE OF FUNDS.—(1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the par- ticipation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including— (A) the costs of expenses of such partici- pants; (B) the cost of hiring and retaining qualified professors, instructors, and lecturers; (C) curriculum support costs, including ad- ministrative costs, academic outreach, and curriculum support personnel; (D) the cost of translation and interpreta- tion services; (E) the cost of information and educational technology; (F) the cost of utilities; and (G) the cost of maintenance and repair of fa- cilities. (2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this sec- tion. (3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fis- cal year. (d) WAIVER OF REIMBURSEMENT.—The Sec- retary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title) of the costs of funding and other host nation support provided to the