The Western Hemisphere Institute

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1. An institute set up by statute

The Western Hemisphere Institute for Security Cooperation is an education and training facility the Secretary of Defense may operate under its own section of title 10 (10 U.S.C. 343(a)). The Secretary may designate the Secretary of a military department as the Defense Department executive agent for running it. That choice matters later in the section, because the executive agent’s budget and training command appear in the funding and oversight rules.

2. Purpose

The purpose is set out in one long sentence (10 U.S.C. 343(b)). The Institute provides professional education and training to eligible personnel of countries of the Western Hemisphere. It does so within the democratic principles of the Charter of the Organization of American States, a treaty to which the United States is a party.

The same sentence lists what the Institute should foster. It names mutual knowledge, transparency, confidence and cooperation among the participating countries. It also names promoting democratic values, respect for human rights, and knowledge and understanding of American customs and traditions (10 U.S.C. 343(b)).

3. Who may attend

Three groups from countries of the Western Hemisphere are eligible: military personnel, law enforcement personnel and civilian personnel (10 U.S.C. 343(c)). The inclusion of law enforcement and civilians distinguishes the Institute from a purely military school. The Secretary of State must be consulted in selecting the foreign personnel who attend.

4. The curriculum and its fixed element

One part of the curriculum is mandatory for every student. "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" (10 U.S.C. 343(d)(1)).

Beyond that core, the curriculum may cover leadership development, counterdrug operations, peace support operations and disaster relief (10 U.S.C. 343(d)(2)). It may also include any other matter the Secretary of Defense determines appropriate.

5. The Board of Visitors

Oversight is built into the statute through a Board of Visitors (10 U.S.C. 343(e)(1)). Its members are the chairman and ranking minority member of each Armed Services Committee, or their designees, and six persons designated by the Secretary of Defense. Those six include, to the extent practicable, people from academia and from the religious and human rights communities. One person is designated by the Secretary of State.

The Board also has military members. One is the senior officer responsible for training and doctrine in the service whose Secretary is the executive agent, which is the Army unless the Navy or Air Force Secretary has been designated. The others are the commanders of the combatant commands with geographic responsibility for the hemisphere, or their designees (10 U.S.C. 343(e)(1)).

A vacancy on the Board is filled in the same manner as the position was originally filled (10 U.S.C. 343(e)(2)). The Board meets at least once a year (10 U.S.C. 343(e)(3)). It inquires into the curriculum, instruction, physical equipment, fiscal affairs and academic methods of the Institute, and anything else it decides to consider or the Secretary determines appropriate (10 U.S.C. 343(e)(4)).

The Board applies four specific tests to the curriculum. It reviews whether the curriculum complies with applicable American laws and regulations, and whether it is consistent with American policy goals toward Latin America and the Caribbean. It also checks whether the curriculum adheres to current American doctrine, and whether instruction appropriately emphasizes the mandatory subjects (10 U.S.C. 343(e)(4)).

Within 60 days after its annual meeting, the Board reports its activities, views and recommendations in writing to the Secretary of Defense (10 U.S.C. 343(e)(5)). Members are not paid for their service. With the Secretary’s approval, the Board may use voluntary and uncompensated advisers, and members and advisers receive travel expenses and per diem (10 U.S.C. 343(e)(6) to 10 U.S.C. 343(e)(8)). Travel allowances for members who are federal officers or employees follow the rates for agency employees, and for the others the rules for employees serving without pay. The federal advisory committee provisions of chapter 10 of title 5 apply, except the provision on termination after two years (10 U.S.C. 343(e)(9)).

6. How the Institute is funded

The Secretary of Defense may accept foreign gifts or donations on the Institute’s behalf to defray its costs or enhance its operation (10 U.S.C. 343(f)(1)). A foreign gift or donation may be funds, materials including research materials, property, or services including lecture and faculty services. It may come from a foreign government, a foundation or charitable organization in a foreign country, or an individual in a foreign country (10 U.S.C. 343(f)(4)).

Gifted funds are credited to the Institute’s appropriations and merged with them for the same purposes and period (10 U.S.C. 343(f)(2)). If the money accepted in a fiscal year exceeds $1,000,000, the Secretary must notify Congress. The notice lists each contributor and the amount of each contribution (10 U.S.C. 343(f)(3)).

Fixed costs are handled separately from tuition. The fixed costs of operating and maintaining the Institute may be paid from the executive agent’s operation and maintenance funds for the year. If no executive agent has been designated, they come from the Department’s operation and maintenance funds for Defense-wide activities (10 U.S.C. 343(g)). Tuition charged to attendees may not include those fixed costs (10 U.S.C. 343(h)).

7. Annual reporting

By March 15 each year, the Secretary of Defense submits a detailed report to Congress on the Institute’s activities during the preceding year (10 U.S.C. 343(i)). It includes a copy of the latest Board of Visitors report and any comments of the Secretary on it, and it is prepared in consultation with the Secretary of State.

The Defense Department’s other regional education institutions are covered in the regional centers for security studies.

Key terms

Executive agent	The military department Secretary the Secretary of Defense may designate to run the Institute.
Mandatory instruction	At least eight hours for each student on human rights, the rule of law and related subjects.
Board of Visitors	The body of legislators, designees and commanders that reviews the Institute and reports each year.
Foreign gift or donation	Funds, materials, property or services from a foreign government, foundation or individual.
Fixed costs	The costs of operating and maintaining the Institute, paid from operation and maintenance funds, not tuition.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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