10 U.S.C. § 351 — Inter-American Defense College

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 Page 400 TITLE 10—ARMED FORCES § 352 Inter-American Defense College under this sec- tion if the Secretary determines that the provi- sion of such funding or support without reim- bursement is in the national security interest of the United States. (e) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES DEFINED.—In this section, the term ‘‘logistic support, supplies, and services’’ has the meaning given that term in section 2350 of this title. (Added Pub. L. 115–232, div. A, title XII, § 1207(a), Aug. 13, 2018, 132 Stat. 2019.) Editorial Notes PRIOR PROVISIONS A prior section 351 was renumbered section 261 of this title. § 352. Naval Small Craft Instruction and Tech- nical Training School (a) IN GENERAL.—The Secretary of Defense may operate an education and training facility known as the ‘‘Naval Small Craft Instruction and Technical Training School’’ (in this section referred to as the ‘‘School’’). (b) DESIGNATION OF EXECUTIVE AGENT.—The Secretary of Defense shall designate the Sec- retary of a military department as the Depart- ment of Defense executive agent for carrying out the responsibilities of the Secretary of De- fense under this section. (c) PURPOSE.—The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training under any other provi- sion of law related to naval small craft instruc- tion and training and to increase profes- sionalism, readiness, and respect for human rights through formal courses of instruction or mobile training teams for— (1) the operation, employment, maintenance, and logistics of specialized equipment; (2) participation in— (A) joint exercises; or (B) coalition or international military op- erations; and (3) improved interoperability between— (A) the armed forces; and (B) the military and other security forces of the one or more friendly foreign coun- tries. (d) LIMITATION ON PERSONNEL ELIGIBLE TO RE- CEIVE EDUCATION AND TRAINING.—The Secretary of Defense may not provide education or train- ing at the School to any personnel of a country that is prohibited from receiving such education or training under any other provision of law. (e) COSTS.—(1) The fixed costs of the School may be paid from amounts made available for the Navy as follows: (A) The costs of operating and maintaining the School may be paid from amounts made available to the Navy for operation and main- tenance. (B) The costs of the equipment requirements of the School may be paid from amounts made available to the Navy for procurement. (C) The costs of the facilities construction requirements of the School may be paid from amounts made available to the Navy for mili- tary construction. (2) The food procurement and service costs of the School that may be paid from amounts made available to the Navy for operation and mainte- nance are as follows: (A) The costs of providing food services to personnel, visitors, and international students at the School. (B) The costs of operating, maintaining, and sustaining a dining facility or contracted food services at the School. (f) ANNUAL REPORT.—Not later than March 15 each year, the Secretary of Defense, with the concurrence of the Secretary of State, shall sub- mit to the appropriate congressional commit- tees a detailed report on the activities and oper- ating costs of the School during the preceding fiscal year. (Added Pub. L. 115–232, div. A, title XII, § 1208(a)(1), Aug. 13, 2018, 132 Stat. 2021; amended Pub. L. 118–159, div. A, title XII, § 1202(a), Dec. 23, 2024, 138 Stat. 2093.) Editorial Notes AMENDMENTS 2024—Subsec. (e). Pub. L. 118–159 amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts made available for such fiscal year for operation and mainte- nance of the Department of Defense.’’ Statutory Notes and Related Subsidiaries UPDATES REQUIRED Pub. L. 118–159, div. A, title XII, § 1202(b), Dec. 23, 2024, 138 Stat. 2093, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall update the Secu- rity Assistance Management Manual (DSCA 5105.38–M) and volume 15 of the Department of Defense Financial Management Regulation (DoD 7000.14–R) in accordance with the amendment made by this section [amending this section].’’ LIMITATION ON USE OF FUNDS Pub. L. 115–232, div. A, title XII, § 1208(c), Aug. 13, 2018, 132 Stat. 2022, provided that: ‘‘(1) IN GENERAL.—Nothing in section 352 of title 10, United States Code (as so added), may be construed as authorizing the use of funds appropriated for the De- partment of Defense for any purpose described in para- graph (2) unless specifically authorized by an Act of Congress other than that section or this Act [see Ta- bles for classification]. ‘‘(2) PURPOSES.—The purposes described in this para- graph are the following: ‘‘(A) The operation of a facility other than the Naval Small Craft Instruction and Technical Train- ing School that is in operation as of the date of the enactment of this Act [Aug. 13, 2018] for the provision of education and training authorized to be provided by the School. ‘‘(B) The construction or expansion of any facility of the School.’’ SUBCHAPTER VI—LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE FUNDS Sec. 361. Prohibition on providing financial assistance to terrorist countries. 362. Prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights.