[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1217 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1217

   To suspend the authority for the Western Hemisphere Institute for 
 Security Cooperation (the successor institution to the United States 
  Army School of the Americas) in the Department of Defense, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

   Mr. McGovern (for himself, Mr. Nussle, Mr. Olver, Mr. LaHood, Mr. 
Serrano, Mr. Petri, Mr. Payne, Mr. Boehlert, Mrs. Lowey, Mr. Paul, Mr. 
Lantos, Ms. Baldwin, Mr. Frank of Massachusetts, Ms. Woolsey, Mr. Kind, 
Mr. Grijalva, Ms. Schakowsky, Mr. Sanders, Mr. Delahunt, Mr. Lynch, Mr. 
Udall of New Mexico, Mrs. Maloney, Mr. Rush, Ms. Lee, Mr. Oberstar, Mr. 
  McDermott, Mr. Holt, Mr. Moore of Kansas, Ms. Watson, Mr. Davis of 
    Illinois, Mr. Conyers, Mr. DeFazio, Mr. Hinchey, Mr. Dicks, Mr. 
    Hinojosa, Mr. Engel, Mr. Abercrombie, Mr. Markey, Mr. Larson of 
    Connecticut, Mr. Wynn, Mr. Pallone, Mr. Gutierrez, Mr. Lewis of 
Georgia, Mr. Meehan, Mr. Rothman, Mr. Evans, Mrs. McCarthy, Mr. Allen, 
 Ms. Waters, Ms. McKinney, Mr. Blumenauer, Mr. Farr, Mr. McNulty, Mr. 
Cummings, Mrs. Capps, Ms. Moore of Wisconsin, Mr. Sabo, Ms. Zoe Lofgren 
     of California, Mr. Price of North Carolina, Mr. Kucinich, Ms. 
   Slaughter, Mr. Clay, Mr. Van Hollen, Mr. Doggett, Ms. McCollum of 
Minnesota, Mrs. Jones of Ohio, Mr. Jackson of Illinois, Mr. Weiner, Mr. 
    Israel, Mr. Gene Green of Texas, Mr. Neal of Massachusetts, Mr. 
  Jefferson, Mr. Costello, Mr. Kildee, Mr. Emanuel, Mrs. Biggert, Mr. 
   George Miller of California, Mr. Udall of Colorado, and Ms. Eddie 
  Bernice Johnson of Texas) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To suspend the authority for the Western Hemisphere Institute for 
 Security Cooperation (the successor institution to the United States 
  Army School of the Americas) in the Department of Defense, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Latin America Military Training 
Review Act of 2005''.

SEC. 2. SUSPENSION OF AUTHORITY FOR WESTERN HEMISPHERE INSTITUTE FOR 
              SECURITY COOPERATION.

    (a) Suspension of Institute.--The Secretary of the Army shall 
suspend the operation of the Western Hemisphere Institute for Security 
Cooperation until the submission of the report under section 4(e) of 
this Act.
    (b) Suspension of Authority.--The authority of the Secretary of 
Defense to operate an education and training facility under section 
2166 of title 10, United States Code, is suspended until the submission 
of the report under section 4(e) of this Act.
    (c) Limitation on Establishment of New Education and Training 
Facility.--No training or education facility may be established in the 
Department of Defense for Latin American military personnel (as a 
successor to the United States Army School of the Americas, the Western 
Hemisphere Institute for Security Cooperation, or otherwise) until the 
submission of the report under section 4(e) of this Act.

SEC. 3. JOINT CONGRESSIONAL TASK FORCE.

    (a) Establishment.--There is established a joint congressional task 
force to conduct an assessment of the kind of education and training 
that is appropriate for the Department of Defense to provide to 
military personnel of Latin American nations.
    (b) Composition.--The task force shall be composed of eight Members 
of Congress, of whom two each shall be designated by the Speaker of the 
House of Representatives, the minority leader of the House of 
Representatives, the majority leader of the Senate, and the minority 
leader of the Senate.
    (c) Report.--Not later than six months after the date of the 
enactment of this Act, the task force shall submit to Congress a report 
on its assessment under subsection (a). The report shall include--
            (1) a critical assessment of courses, curriculum, and 
        procedures appropriate for such education and training; and
            (2) an evaluation of the effect of such education and 
        training on the performance of Latin American military 
        personnel in the areas of human rights and adherence to 
        democratic principles and the rule of law.
    (d) Definition.--In this section, the term ``Member'' includes a 
Delegate to, or Resident Commissioner, in the Congress.

SEC. 4. COMMISSION TO INVESTIGATE HUMAN RIGHTS ABUSES AT THE UNITED 
              STATES ARMY SCHOOL OF THE AMERICAS.

    (a) Establishment.--There is established a commission to 
investigate the activities of the United States Army School of the 
Americas and its successor institution, the Western Hemisphere 
Institute for Security Cooperation.
    (b) Membership.--
            (1) Appointment.--The commission shall be composed of eight 
        members, of whom two each shall be appointed by the Speaker of 
        the House of Representatives, the minority leader of the House 
        of Representatives, the majority leader of the Senate, and the 
        minority leader of the Senate.
            (2) Qualifications.--Members of the commission shall be 
        selected from among individuals noted for their knowledge and 
        experience in foreign military training and international human 
        rights who are not officers or employees of the Federal 
        Government.
            (3) Deadline for appointment.--The members of the 
        commission shall be appointed not later than 60 days after the 
        date of the enactment of this Act.
            (4) Vacancies.--Any vacancy of the commission shall not 
        affect its powers and shall be filled in the manner in which 
        the original appointment was made.
            (5) Chairperson; vice chairperson.--The Chairperson and 
        Vice Chairperson of the commission shall be elected by the 
        members.
            (6) Compensation.--Members of the commission shall serve 
        without pay.
            (7) Travel expenses.--Each member of the commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with applicable provisions under 
        subchapter I of chapter 57 of title 5, United States Code.
    (c) Powers.--
            (1) Hearings and sessions.--The commission may, for the 
        purpose of carrying out this section, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        as the commission considers appropriate.
            (2) Information from federal agencies.--The commission may 
        secure directly from any Federal department or agency such 
        information as the commission considers necessary to carry out 
        the provisions of this section. Upon request of the Chairperson 
        of the commission, the head of such department or agency shall 
        furnish such information to the commission.
    (d) Investigation.--Not later than two years after the date on 
which all members of the commission have been appointed, the commission 
shall complete an investigation into the activities of the United 
States Army School of the Americas and its successor institution, the 
Western Hemisphere Institute for Security Cooperation. The 
investigation shall--
            (1) identify those individuals responsible for drafting or 
        approving manuals for use at either such institution advocating 
        tactics that violate international law or the laws of the 
        United States;
            (2) determine how such manuals were used in training 
        conducted by either such institution;
            (3) determine the effect of such training; and
            (4) identify those individuals responsible for teaching 
        such tactics.
    (e) Report.--Not later than 30 days after the completion of the 
investigation under subsection (d), the commission shall submit to 
Congress and the Secretary of Defense a report containing the results 
of the investigation and recommendations for actions in response to any 
violations of human rights to which training at the United States Army 
School of the Americas or its successor institution, the Western 
Hemisphere Institute for Security Cooperation, contributed.
    (f) Termination.--The commission shall terminate 30 days after the 
date of the submission of the report under subsection (e).
                                 <all>