US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 10USC2166]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
               CHAPTER 108--DEPARTMENT OF DEFENSE SCHOOLS
 
Sec. 2166. Western Hemisphere Institute for Security Cooperation

    (a) Establishment and Administration.--(1) The Secretary of Defense 
may operate an education and training facility for the purpose set forth 
in subsection (b). The facility shall be known as the ``Western 
Hemisphere Institute for Security Cooperation''.
    (2) The Secretary may designate the Secretary of a military 
department as the Department of Defense executive agent for carrying out 
the responsibilities of the Secretary of Defense under this section.
    (b) Purpose.--The purpose of the Institute is to provide 
professional education and training to eligible personnel of nations of 
the Western Hemisphere within the context of the democratic principles 
set forth in the Charter of the Organization of American States (such 
charter being a treaty to which the United States is a party), while 
fostering mutual knowledge, transparency, confidence, and cooperation 
among the participating nations and promoting democratic values, respect 
for human rights, and knowledge and understanding of United States 
customs and traditions.
    (c) Eligible Personnel.--(1) Subject to paragraph (2), personnel of 
nations of the Western Hemisphere are eligible for education and 
training at the Institute as follows:
        (A) Military personnel.
        (B) Law enforcement personnel.
        (C) Civilian personnel.

    (2) The Secretary of State shall be consulted in the selection of 
foreign personnel for education or training at the Institute.
    (d) Curriculum.--(1) The curriculum of the Institute shall include 
mandatory instruction for each student, for at least 8 hours, on human 
rights, the rule of law, due process, civilian control of the military, 
and the role of the military in a democratic society.
    (2) The curriculum may include instruction and other educational and 
training activities on the following:
        (A) Leadership development.
        (B) Counterdrug operations.
        (C) Peace support operations.
        (D) Disaster relief.
        (E) Any other matter that the Secretary determines appropriate.

    (e) Board of Visitors.--(1) There shall be a Board of Visitors for 
the Institute. The Board shall be composed of the following:
        (A) The chairman and ranking minority member of the Committee on 
    Armed Services of the Senate, or a designee of either of them.
        (B) The chairman and ranking minority member of the Committee on 
    Armed Services of the House of Representatives, or a designee of 
    either of them.
        (C) Six persons designated by the Secretary of Defense 
    including, to the extent practicable, persons from academia and the 
    religious and human rights communities.
        (D) One person designated by the Secretary of State.
        (E) The senior military officer responsible for training and 
    doctrine for the Army or, if the Secretary of the Navy or the 
    Secretary of the Air Force is designated as the executive agent of 
    the Secretary of Defense under subsection (a)(2), the senior 
    military officer responsible for training and doctrine for the Navy 
    or Marine Corps or for the Air Force, respectively, or a designee of 
    the senior military officer concerned.
        (F) The commander of the unified combatant command having 
    geographic responsibility for Latin America, or a designee of that 
    officer.

    (2) A vacancy in a position on the Board shall be filled in the same 
manner as the position was originally filled.
    (3) The Board shall meet at least once each year.
    (4)(A) The Board shall inquire into the curriculum, instruction, 
physical equipment, fiscal affairs, and academic methods of the 
Institute, other matters relating to the Institute that the Board 
decides to consider, and any other matter that the Secretary of Defense 
determines appropriate.
    (B) The Board shall review the curriculum of the Institute to 
determine whether--
        (i) the curriculum complies with applicable United States laws 
    and regulations;
        (ii) the curriculum is consistent with United States policy 
    goals toward Latin America and the Caribbean;
        (iii) the curriculum adheres to current United States doctrine; 
    and
        (iv) the instruction under the curriculum appropriately 
    emphasizes the matters specified in subsection (d)(1).

    (5) Not later than 60 days after its annual meeting, the Board shall 
submit to the Secretary of Defense a written report of its activities 
and of its views and recommendations pertaining to the Institute.
    (6) Members of the Board shall not be compensated by reason of 
service on the Board.
    (7) With the approval of the Secretary of Defense, the Board may 
accept and use the services of voluntary and uncompensated advisers 
appropriate to the duties of the Board without regard to section 1342 of 
title 31.
    (8) Members of the Board and advisers whose services are accepted 
under paragraph (7) shall be allowed travel and transportation expenses, 
including per diem in lieu of subsistence, while away from their homes 
or regular places of business in the performance of services for the 
Board. Allowances under this paragraph shall be computed--
        (A) in the case of members of the Board who are officers or 
    employees of the United States, at rates authorized for employees of 
    agencies under subchapter I of chapter 57 of title 5; and
        (B) in the case of other members of the Board and advisers, as 
    authorized under section 5703 of title 5 for employees serving 
    without pay.

    (9) The Federal Advisory Committee Act (5 U.S.C. App.), other than 
section 14 (relating to termination after two years), shall apply to the 
Board.
    (f) Authority To Accept Foreign Gifts and Donations.--(1) The 
Secretary of Defense may, on behalf of the Institute, accept foreign 
gifts or donations in order to defray the costs of, or enhance the 
operation of, the Institute.
    (2) Funds received by the Secretary under paragraph (1) shall be 
credited to appropriations available for the Department of Defense for 
the Institute. Funds so credited shall be merged with the appropriations 
to which credited and shall be available for the Institute for the same 
purposes and same period as the appropriations with which merged.
    (3) The Secretary of Defense shall notify Congress if the total 
amount of money accepted under paragraph (1) exceeds $1,000,000 in any 
fiscal year. Any such notice shall list each of the contributors of such 
money and the amount of each contribution in such fiscal year.
    (4) For the purposes of this subsection, a foreign gift or donation 
is a gift or donation of funds, materials (including research 
materials), property, or services (including lecture services and 
faculty services) from a foreign government, a foundation or other 
charitable organization in a foreign country, or an individual in a 
foreign country.
    (g) Fixed Costs.--The fixed costs of operating and maintaining the 
Institute for a fiscal year may be paid from--
        (1) any funds available for that fiscal year for operation and 
    maintenance for the executive agent designated under subsection 
    (a)(2); or
        (2) if no executive agent is designated under subsection (a)(2), 
    any funds available for that fiscal year for the Department of 
    Defense for operation and maintenance for Defense-wide activities.

    (h) Tuition.--Tuition fees charged for persons who attend the 
Institute may not include the fixed costs of operating and maintaining 
the Institute.
    (i) Annual Report.--Not later than March 15 of each year, the 
Secretary of Defense shall submit to Congress a detailed report on the 
activities of the Institute during the preceding year. The report shall 
include a copy of the latest report of the Board of Visitors received by 
the Secretary under subsection (e)(5), together with any comments of the 
Secretary on the Board's report. The report shall be prepared in 
consultation with the Secretary of State.

(Added Pub. L. 106-398, Sec. 1 [[div. A], title IX, Sec. 911(a)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-226; amended Pub. L. 107-107, div. A, 
title X, Sec. 1048(a)(16), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107-
314, div. A, title IX, Sec. 932, Dec. 2, 2002, 116 Stat. 2625.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (e)(9), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    2002--Subsecs. (f) to (h). Pub. L. 107-314, Sec. 932(a), added 
subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), 
respectively.
    Subsec. (i). Pub. L. 107-314, Sec. 932(a)(1), (b), redesignated 
subsec. (h) as (i) and inserted after first sentence ``The report shall 
include a copy of the latest report of the Board of Visitors received by 
the Secretary under subsection (e)(5), together with any comments of the 
Secretary on the Board's report.''
    2001--Subsec. (e)(9). Pub. L. 107-107 substituted ``(5 U.S.C. 
App.)'' for ``(5 U.S.C. App. 2)''.