§ 2165. National Defense University: component institutions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title IX · 111 Stat. 1629

   Enacted · 10 U.S.C. § 2165

   Added and amended Pub. L. 105–85, div. A, title IX, §§ 921(a)(1), 922(a), Nov. 18, 1997, 111 Stat. 1862, 1863

   Source evidence

   Code source credit
   Added and amended Pub. L. 105–85, div. A, title IX, §§ 921(a)(1), 922(a), Nov. 18, 1997, 111 Stat. 1862, 1863

   Enacted provision · exact public law
   TITLE IX— DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A— Department of Defense Positions and Organizations and Other General Matters Sec. 902. Use of CINC Initiative Fund for force protection. Sec. 903. Revision to required frequency for provision of policy guidance for contingency plans. Sec. 904. Annual justification for Department of Defense advisory committees. Sec. 905. Airborne reconnaissance management. Sec. 906. Termination of the Armed Services Patent Advisory Board. Sec. 907. Coordination of Department of Defense criminal investigations and audits. Subtitle B— Department of Defense Personnel Management Sec. 911. Reduction in personnel assigned to management headquarters and headquarters support activities. Sec. 912. Defense acquisition workforce. Subtitle C— Department of Defense Schools and Centers Sec. 921. Professional military education schools. Sec. 922. Center for Hemispheric Defense Studies. Sec. 923. Correction to reference to George C. Marshall European Center for Security Studies. Subtitle D— Department of Defense Intelligence-Related Matters Sec. 931. Transfer of certain military department programs from TIARA budget aggregation. Sec. 932. Report on coordination of access of commanders and deployed units to intelligence collected and analyzed by the intelligence community. Sec. 933. Protection of imagery, imagery intelligence, and geospatial information and data. Sec. 934. POW/MIA intelligence analysis. Subtitle A— Department of Defense Positions and Organizations and Other General Matters SEC. 901. ASSISTANTS TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR NATIONAL GUARD MATTERS AND FOR RESERVE MATTERS. (a) Establishment of Positions.— The Secretary of Defense shall establish the following positions within the Joint Staff: (1) Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters. (2) Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters. (b) Selection.— (1) The Assistant to the Chairman of the Joint Chiefs of Staff for National Guard Matters shall be selected by the Chairman from officers of the Army National Guard of the United States or the Air Guard of the United States who— (A) are recommended for such selection by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard; (B) have had at least 10 years of federally recognized commissioned service in the National Guard; and (C) are in a grade above the grade of colonel. (2) The Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters shall be selected by the Chairman from officers of the Army Reserve, the Naval Reserve, the Marine Corps Reserve, or the Air Force Reserve who— (A) are recommended for such selection by the Secretary of the military department concerned; (B) have had at least 10 years of commissioned service in their reserve component; and (C) are in a grade above the grade of colonel or, in the case of the Naval Reserve, captain. (c) Term of Office.— Each Assistant to the Chairman under subsection (a) serves at the pleasure of the Chairman for a term of two years and may be continued in that assignment in the same manner for one additional term. However, in time of war there is no limit on the number of terms. (d) Grade.— Each Assistant to the Chairman, while so serving, holds the grade of major general or, in the case of the Naval Reserve, rear admiral. Each such officer shall be considered to be serving in a position external to that officer’s Armed Force for purposes of section 721 of title 10, United States Code, as added by section 501(a). (e) Duties.— The Assistant to the Chairman for National Guard Matters is an adviser to the Chairman on matters relating to the National Guard and performs the duties prescribed for that position by the Chairman. The Assistant to the Chairman for Reserve Matters is an adviser to the Chairman on matters relating to the reserves and performs the duties prescribed for that position by the Chairman. (f) Other Reserve Component Representation on Joint Staff.— (1) The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs, shall develop appropriate policy guidance to ensure that, to the maximum extent practicable, the level of reserve component officer representation within the Joint Staff is commensurate with the significant role of the reserve components within the Total Force. (2) Not later than March 1, 1998, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report describing the steps taken and being taken to implement this subsection. (g) Effective Date.— The positions specified in subsection (a) shall be established by the Secretary of Defense not later than 60 days after the date of the enactment of this Act. SEC. 902. USE OF CINC INITIATIVE FUND FOR FORCE PROTECTION. Section 166a(b) of title 10, United States Code, is amended by adding at the end the following: “(9) Force protection”. SEC. 903. REVISION TO REQUIRED FREQUENCY FOR PROVISION OF POLICY GUIDANCE FOR CONTINGENCY PLANS. Section 113(g)(2) of title 10, United States Code, is amended— (1) in the first sentence, by striking out “annually”; and (2) in the second sentence, by inserting “be provided every two years or more frequently as needed and shall” after “Such guidance shall”. SEC. 904. ANNUAL JUSTIFICATION FOR DEPARTMENT OF DEFENSE ADVISORY COMMITTEES. (a) Annual Justification Required.— Chapter 7 of title 10, United States Code, is amended by adding after section 182, as added by section 382(a)(1), the following new section: “§ 183. Advisory committees: annual justification required “(a) Annual Report.— The Secretary of Defense shall include in the annual report of the Secretary under section 113(c) of this title a report on advisory committees of the Department of Defense. In each such report, the Secretary shall— “(1) identify each advisory committee that the Secretary proposes to support, or that the Secretary is required by law or direction from the President to support, during the next fiscal year; and “(2) for each committee identified under paragraph (1), set forth— “(A) the justification or requirement for that committee; and “(B) the projected cost to the Department of Defense to support that committee during the next fiscal year. “(b) Advisory Committee Defined.—In this section, the term ‘advisory committee’ means an entity that is subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.).”. (b) Clerical Amendment.— The table of sections at the beginning of such chapter is amended by adding after the item relating to section 182, as added by section 382(a)(2), the following new item: “183. Advisory committees: annual justification required.”. SEC. 905. AIRBORNE RECONNAISSANCE MANAGEMENT. (a) Reorganization of Defense Airborne Reconnaissance Management.— Not later than September 30, 1998, the Secretary of Defense shall reorganize the management of defense airborne reconnaissance within the Department of Defense in accordance with the plan developed under subsection (b). (b) Plan and Report.— (1) The Secretary of Defense shall develop a plan to reorganize the following organizations by transferring functions as required under subsections (c) and (d): (A) The organization within the Department of Defense that is subordinate to the Under Secretary of Defense for Acquisition and Technology and known as the Defense Airborne Reconnaissance Office. (B) The organization within the Department of Defense that is subordinate to the Secretary of the Navy and known as the Unmanned Aerial Vehicle Joint Program Office. (2) The Secretary shall submit to the congressional defense committees a report containing— (A) the plan developed under paragraph (1); and (B) an explanation of how the plan addresses the findings and recommendations in the final report of the Task Force on Defense Reform (established by the Secretary of Defense on May 14, 1997, and headed by the Deputy Secretary of Defense). (3) The plan under paragraph (1) shall be developed, and the report under paragraph (2) shall be submitted, not later than March 1, 1998. (c) Transfer of Certain Functions to Secretaries of Military Departments.— (1) Not later than September 30, 1998, the Secretary of Defense shall transfer to the Secretaries of the military departments those functions specified in paragraph (2) that were performed on the day before the date of the enactment of this Act by the Defense Airborne Reconnaissance Office and the Unmanned Aerial Vehicle Joint Program Office. (2) The functions referred to in paragraph (1) are the functions of the Defense Airborne Reconnaissance Office and the Unmanned Aerial Vehicle Joint Program Office relating to their responsibilities for acquisition of systems, budgeting, program management (for research, development, test, and evaluation, for procurement, for life-cycle support, and for operations), and related responsibilities for individual airborne reconnaissance programs. (d) Transfer of Certain Functions to Defense Airborne Reconnaissance Office.— (1) Not later than September 30, 1998, the Secretary of Defense shall transfer to the Defense Airborne Reconnaissance Office those functions specified in paragraph (2) that were performed on the day before the date of the enactment of this Act by the Unmanned Aerial Vehicle Joint Program Office. (2) The functions referred to in paragraph (1) are the functions of the Unmanned Aerial Vehicle Joint Program Office relating to its responsibilities for management and oversight of defense airborne reconnaissance architecture, requirements, and system interfaces (other than the responsibilities specified in subsection (c)(2)). SEC. 906. TERMINATION OF THE ARMED SERVICES PATENT ADVISORY BOARD. (a) Termination of Board.— The organization within the Department of Defense known as the Armed Services Patent Advisory Board is terminated. No funds available for the Department of Defense may be used for the operation of that Board after the effective date specified in subsection (c). (b) Transfer of Functions.— All functions performed on the day before the date of the enactment of this Act by the Armed Services Patent Advisory Board (including performance of the responsibilities of the Department of Defense for security review of patent applications under chapter 17 of title 35, United States Code) shall be transferred to the Defense Technology Security Administration. (c) Effective Date.— Subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act. SEC. 907. COORDINATION OF DEPARTMENT OF DEFENSE CRIMINAL INVESTIGATIONS AND AUDITS. (a) Military Department Criminal Investigative Organizations.— (1) The heads of the military department criminal investigative organizations shall take such action as may be practicable to conserve the limited resources available to the military department criminal investigative organizations by sharing personnel, expertise, infrastructure, training, equipment, software, and other resources. (2) The heads of the military department criminal investigative organizations shall meet on a regular basis to determine the manner in which and the extent to which the military department criminal investigative organizations will be able to share resources. (b) Defense Auditing Organizations.— (1) The heads of the defense auditing organizations shall take such action as may be practicable to conserve the limited resources available to the defense auditing organizations by sharing personnel, expertise, infrastructure, training, equipment, software, and other resources. (2) The heads of the defense auditing organizations shall meet on a regular basis to determine the manner in which and the extent to which the defense auditing organizations will be able to share resources. (c) Implementation Plan.— Not later than December 31, 1997, the Secretary of Defense shall submit to Congress a plan designed to maximize the resources available to the military department criminal investigative organizations and the defense auditing organizations, as required by this section. (d) Definitions.— For purposes of this section: (1) The term “military department criminal investigative organizations” means— (A) the Army Criminal Investigation Command; (B) the Naval Criminal Investigative Service; and (C) the Air Force Office of Special Investigations. (2) The term “defense auditing organizations” means— (A) the Office of the Inspector General of the Department of Defense; (B) the Defense Contract Audit Agency; (C) the Army Audit Agency; (D) the Naval Audit Service; and (E) the Air Force Audit Agency. Subtitle B— Department of Defense Personnel Management SEC. 911. REDUCTION IN PERSONNEL ASSIGNED TO MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT ACTIVITIES. (a) In General.— (1) Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section: “§ 130a. Management headquarters and headquarters support activities personnel: limitation “(a) Limitation.— Effective October 1, 2002, the number of Effective date. management headquarters and headquarters support activities personnel in the Department of Defense may not exceed 75 percent of the baseline number. “(b) Phased Reduction.— The number of management headquarters and headquarters support activities personnel in the Department of Defense— “(1) as of October 1, 1998, may not exceed 95 percent of the baseline number; “(2) as of October 1, 1999, may not exceed 90 percent of the baseline number; “(3) as of October 1, 2000, may not exceed 85 percent of the baseline number; and “(4) as of October 1, 2001, may not exceed 80 percent of the baseline number. “(c) Baseline Number.— In this section, the term ‘baseline number’ means the number of management headquarters and headquarters support activities personnel in the Department of Defense as of October 1, 1997. “(d) Limitation on Management Headquarters and Headquarters Support Personnel Assigned to the United States Transportation Command.— (1) Effective October 1, 1998, the Effective date. number of management headquarters activities and management headquarters support activities personnel assigned to, or employed in, the United States Transportation Command may not exceed the number equal to 95 percent of the number of such personnel as of October 1, 1997. “(2) For purposes of paragraph (1), the United States Transportation Command shall be considered to include the following: “(A) The United States Transportation Command Headquarters. “(B) The Air Mobility Command of the Air Force. “(C) The Military Sealift Command of the Navy. “(D) The Military Traffic Management Command of the Army. “(E) The Defense Courier Service. “(F) Any other element of the Department of Defense assigned to the United States Transportation Command. “(3) The Secretary of Defense may waive or suspend operation of paragraph (1) in the event of a war or national emergency. “(e) Management Headquarters and Headquarters Support Activities Personnel Defined.— In this section: “(1) The term ‘management headquarters and headquarters support activities personnel’ means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in management headquarters activities or in management headquarters support activities. “(2) The terms ‘management headquarters activities’ and ‘management headquarters support activities’ have the meanings given those terms in Department of Defense Directive 5100.73, entitled ‘Department of Defense Management Headquarters and Headquarters Support Activities’, as in effect on November 12, 1996. “(f) Limitation on Reassignment of Functions.— In carrying out reductions in the number of personnel assigned to, or employed in, management headquarters and headquarters support activities in order to comply with this section, the Secretary of Defense and the Secretaries of the military departments may not reassign functions in order to evade the requirements of this section. “(g) Flexibility.— If the Secretary of Defense determines, and certifies to Congress, that the limitation in subsection (b) with respect to any fiscal year would adversely affect United States national security, the Secretary may waive the limitation under that subsection with respect to that fiscal year. If the Secretary of Defense determines, and certifies to Congress, that the limitation in subsection (a) during fiscal year 2001 would adversely affect United States national security, the Secretary may waive the limitation under that subsection with respect to that fiscal year. The authority under this subsection may be used only once, with respect to a single fiscal year.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “130a. Management headquarters and headquarters support activities personnel: limitation.”. (b) Implementation Report.— Not later than January 15, 1998, the Secretary of Defense shall submit to Congress a report— (1) containing a plan to achieve the personnel reductions required by section 130a of title 10, United States Code, as added by subsection (a); and (2) including the recommendations of the Secretary regarding— (A) the revision, replacement, or augmentation of Department of Defense Directive 5100.73, entitled “Department of Defense Management Headquarters and Headquarters Support Activities”, as in effect on November 12, 1996; and (B) the revision of the definitions of the terms “management headquarters activities” and “management headquarters support activities” under that Directive so that those terms apply uniformly throughout the Department of Defense. (c) Duties of Task Force on Defense Reform To Include Consideration Of Management Headquarters Activities.— (1) The Secretary of Defense shall require that the areas of study of the Task Force on Defense Reform (established by the Secretary of Defense on May 14, 1997, and headed by the Deputy Secretary of Defense) include an examination of the missions, functions, and responsibilities of the various management headquarters activities and management headquarters support activities of the Department of Defense. In carrying out that examination of those activities, the Task Force shall identify areas of duplication in those activities and recommend to the Secretary options to streamline, reduce, and eliminate redundancies. (2) The examination of the missions, functions, and responsibilities of the various management headquarters activities and management headquarters support activities of the Department of Defense under paragraph (1) shall include the following: (A) An assessment of benefits of consolidation or selected elimination of Department of Defense management headquarters activities and management headquarters support activities. (B) An assessment of the opportunities to streamline the management headquarters and management headquarters support infrastructure that were realized as a result of the enactment of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) and the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) or as result of other management reform initiatives implemented administratively during the period from 1993 through 1997. (C) An assessment of such other options for streamlining or restructuring the management headquarters and management headquarters support infrastructure as the Task Force considers appropriate and as can be carried out under existing provisions of law. (3) Not later than March 1, 1998, the Secretary of Defense Reports. shall submit to Congress a report on the results of the examination by the Task Force under this subsection. The Secretary shall include in the report any report to the Secretary from the Task Force with respect to the matters described in paragraphs (1) and (2). (d) Codification of Prior Permanent Limitation on OSD Personnel.— (1) Chapter 4 of title 10, United States Code, is amended by adding at the end a new section 143 consisting of— (A) a heading as follows: “§ 143. Office of the Secretary of Defense personnel: limitation”; and (B) a text consisting of the text of subsections (a) through (f) of section 903 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2617). (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “143. Office of the Secretary of Defense personnel: limitation.”. (3) Section 903 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2617) is repealed. SEC. 912. DEFENSE ACQUISITION WORKFORCE. (a) Reduction of Defense Acquisition Workforce.— (1) The Secretary of Defense shall accomplish reductions in defense acquisition personnel positions during fiscal year 1998 so that the total number of such personnel as of October 1, 1998, is less than the total number of such personnel as of October 1, 1997, by at least the applicable number determined under paragraph (2). (2) (A) The applicable number for purposes of paragraph (1) is 25,000. However, the Secretary of Defense may specify a lower number, which may not be less than 10,000, as the applicable number for purposes of paragraph (1) if the Secretary determines, and certifies to Congress not later than June 1, 1998, that an applicable number greater than the number specified by the Secretary would be inconsistent with the cost-effective management of the defense acquisition system to obtain best value equipment and would adversely affect military readiness. (B) The Secretary shall include with such a certification a detailed explanation of each of the matters certified. (C) The authority of the Secretary under subparagraph (A) may only be delegated to the Deputy Secretary of Defense. (3) For purposes of this subsection, the term “defense acquisition personnel” means military and civilian personnel (other than civilian personnel who are employed at a maintenance depot) who are assigned to, or employed in, acquisition organizations of the Department of Defense (as specified in Department of Defense Instruction numbered 5000.58 dated January 14, 1992). (b) Report on Specific Acquisition Positions Previously Eliminated.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on reductions in the defense acquisition workforce made since fiscal year 1989. The report shall show aggregate reductions by fiscal year and shall show for each fiscal year reductions identified by specific job title, classification, or position. The report shall also identify those reductions carried out pursuant to law (and how the Secretary implemented any statutory requirement for such reductions, including definition of the workforce subject to the reduction) and those reductions carried out as a result of base closures and realignments under the so-called BRAC process. The Secretary shall include in the report a definition of the term “defense acquisition workforce” that is to be applied uniformly throughout the Department of Defense. (c) Implementation Plan To Streamline and Improve Acquisition Organizations.— (1) Not later than April 1, 1998, the Secretary of Defense shall submit to Congress a report containing a plan to streamline the acquisition organizations, workforce, and infrastructure of the Department of Defense. The Secretary shall include with the report a detailed discussion of the recommendations of the Secretary based on the review under subsection (d) and the assessment of the Task Force on Defense Reform pursuant to subsection (e), together with a request for the enactment of any legislative changes necessary for implementation of the plan. The Secretary shall include in the report the results of the review under subsection (d) and the independent assessment of the Task Force on Defense Reform pursuant to subsection (e). (2) In carrying out this subsection and subsection (d), the Secretary of Defense shall formally consult with the Chairman of the Joint Chiefs of Staff, the Director of Program Analysis and Evaluation, the Under Secretary of Defense (Comptroller), and the Under Secretary for Acquisition and Technology. (d) Review of Acquisition Organizations and Functions.— The Secretary of Defense shall conduct a review of the organizations and functions of the Department of Defense acquisition activities and of the personnel required to carry out those functions. The review shall identify the following: (1) Opportunities for cross-service, cross-functional arrangements within the military services and defense agencies. (2) Specific areas of overlap, duplication, and redundancy among the various acquisition organizations. (3) Opportunities to further streamline acquisition processes. (4) Benefits of an enhanced Joint Requirements Oversight Council in the acquisition process. (5) Alternative consolidation options for acquisition organizations. (6) Alternative methods for performing industry oversight and quality assurance. (7) Alternative options to shorten the procurement cycle. (8) Alternative acquisition infrastructure reduction options within current authorities. (9) Alternative organizational arrangements that capitalize on core acquisition competencies among the military services and defense agencies. (10) Future acquisition personnel requirements of the Department. (11) Adequacy of the Program, Plans, and Budgeting System in fulfilling current and future acquisition needs of the Department. (12) Effect of technology and advanced management tools in the future acquisition system. (13) Applicability of more flexible alternative approaches to the current civil service system for the acquisition workforce. (14) Adequacy of Department of Defense Instruction numbered 5000.58 dated January 14, 1992. (e) Duties of Task Force on Defense Reform To Include Consideration Of Acquisition Organizations.— (1) The Secretary of Defense shall require that the areas of study of the Task Force on Defense Reform (established by the Secretary of Defense on May 14, 1997, and headed by the Deputy Secretary of Defense) include an examination of the missions, functions, and responsibilities of the various acquisition organizations of the Department of Defense, including the acquisition workforce of the Department. In carrying out that examination of those organizations and that workforce, the Task Force shall identify areas of duplication in defense acquisition organization and recommend to the Secretary options to streamline, reduce, and eliminate redundancies. (2) The examination of the missions, functions, and responsibilities of the various acquisition organizations of the Department of Defense under paragraph (1) shall include the following: (A) An assessment of benefits of consolidation or selected elimination of Department of Defense acquisition organizations. (B) An assessment of the opportunities to streamline the defense acquisition infrastructure that were realized as a result of the enactment of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) and the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) or as result of other acquisition reform initiatives implemented administratively during the period from 1993 through 1997. (C) An assessment of such other options for streamlining or restructuring the defense acquisition infrastructure as the Task Force considers appropriate and as can be carried out under existing provisions of law. (3) Not later than March 1, 1998, the Task Force shall submit to the Secretary a report on the results of its review of the acquisition organizations of the Department of Defense, including any recommendations of the Task Force for improvements to those organizations. (f) Technical Reference Correction.— Section 1721(c) of title 10, United States Code, is amended by striking out “November 25, 1988” and inserting in lieu thereof “November 12, 1996”. Subtitle C— Department of Defense Schools and Centers SEC. 921. PROFESSIONAL MILITARY EDUCATION SCHOOLS. (a) Component Institutions of the National Defense University.— (1) Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section: “§2165. National Defense University: component institutions “(a) In General.— There is a National Defense University in the Department of Defense. “(b) Component Institutions.— The National Defense University consists of the following institutions: “(1) The National War College. “(2) The Industrial College of the Armed Forces. “(3) The Armed Forces Staff College. “(4) The Institute for National Strategic Studies. “(5) The Information Resources Management College.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2165. National Defense University: component institutions.”. (b) Marine Corps University as Professional Military Education School.— Subsection (d) of section 2162 of such title is amended to read as follows: This section applies to each of the following professional military education schools: “(1) The National Defense University. “(2) The Army War College. “(3) The College of Naval Warfare. “(4) The Air War College. “(5) The United States Army Command and General Staff College. “(6) The College of Naval Command and Staff. “(7) The Air Command and Staff College. “(8) The Marine Corps University.”. (c) Repeal of Duplicative Definition.— Section 1595(d) of such title is amended— (1) by striking out “(1)” before “In the case of” and (2) by striking out paragraph (2). SEC. 922. CENTER FOR HEMISPHERIC DEFENSE STUDIES. (a) Institution of the National Defense University.— Subsection (b) of section 2165 of title 10, United States Code, as added by section 921(a)(1), is amended by adding at the end the following new paragraph: “(6) The Center for Hemispheric Defense Studies.”. (b) Civilian Faculty Members.— Section 1595 of title 10, United States Code, is amended by striking out subsections (e) and (f) and inserting in lieu thereof the following: “(e) Applicability to Director and Deputy Director at Certain Institutions.— In addition to the persons specified in subsection (a), this section also applies with respect to the Director and the Deputy Director of the following: “(1) The George C. Marshall European Center for Security Studies. “(2) The Asia-Pacific Center for Security Studies. “(3) The Center for Hemispheric Defense Studies.”. SEC. 923. CORRECTION TO REFERENCE TO GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY STUDIES. (a) Correction to Reference to Name of Center.— Subsection (a) of section 506 of the Intelligence Authorization Act, Fiscal Year 1990 (Public Law 101–193; 8 U.S.C. 1430 note), is amended by striking out “the United States Army Russian Institute” and inserting in lieu thereof “the George C. Marshall European Center for Security Studies”. (b) Section Heading.— The heading of such section is amended to read as follows: “requirements for citizenship for staff of george c. marshall european center for security studies”. Subtitle D— Department of Defense Intelligence Matters SEC. 931. TRANSFER OF CERTAIN MILITARY DEPARTMENT PROGRAMS FROM TIARA BUDGET AGGREGATION. (a) Transfer.— Effective March 1, 1998, the Secretary of Effective date. Defense shall, for each program identified by the Secretary under subsection (c)(2), transfer the management and budgeting of funds for that program from the TIARA budget aggregation to a nonintelligence budget activity of the military department responsible for that program. (b) Assessment.— The Secretary of Defense shall conduct an assessment of the policy of the Department of Defense that is used for determining the programs of the Department that are included within the TIARA budget aggregation. In conducting the assessment, the Secretary— (1) shall consider whether the current policy is in need of revision to reflect changes in technology and battlefield use of TIARA systems; (2) shall specifically consider the appropriateness of the continued inclusion in the TIARA budget aggregation of each of the programs described in subsection (e); and (3) may consider the appropriateness of the continued inclusion in the TIARA budget aggregation of any other program (in addition to the programs described to in subsection (e)) that as of the date of the enactment of this Act is managed and budgeted as part of the TIARA budget aggregation. (c) Report.— Not later than March 1, 1998, the Secretary of Defense shall submit to Congress a report on the assessment carried out under section (b). The Secretary shall include in the report— (1) a description of any proposed changes to Department of Defense policies for determining which programs are included in the TIARA budget aggregation; and (2) identification of each program (among the programs considered pursuant to paragraphs (2) and (3) of subsection (b)) for which the management and budgeting of funds is to be transferred under subsection (a). (d) Identification of Programs.— (1) In specifying the programs to be included on the list under subsection (c)(2), the Secretary— (A) shall (except as otherwise provided pursuant to a waiver under paragraph (2)) include each program described in subsection (e); and (B) may include such additional programs considered in the assessment pursuant to subsection (b)(3) as the Secretary determines appropriate. (2) The Secretary, after considering the results of the assessment under subsection (c), may waive the applicability of paragraph (1)(A) to any program described in subsection (e). The Secretary shall include in the report under subsection (c) identification of each such program for which the Secretary has granted such a waiver and supporting rationale for each waiver. (e) Covered Programs.— The programs described in this subsection are the following (each of which, as of the date of the enactment of this Act, is managed and budgeted as part of the TIARA budget aggregation): (1) Each targeting or target acquisition program of the Department of Defense, including the Joint Surveillance and Target Attack Radar System (JSTARS) and the Advanced Deployable System. (2) Each Tactical Warning and Attack Assessment program of the Department of Defense, including the Defense Support Program, the Space-Based Infrared Program, and early warning radars. (3) Each tactical communications system of the Department of Defense, including the Joint Tactical Terminal. (f) TIARA Budget Aggregation Defined.— For purposes of this section, the term “TIARA budget aggregation” means the aggregation of programs of the Department of Defense for which funds are managed and budgeted through a common designation as Tactical Intelligence and Related Activities (TIARA) of the Department of Defense. SEC. 932. REPORT ON COORDINATION OF ACCESS OF COMMANDERS AND DEPLOYED UNITS TO INTELLIGENCE COLLECTED AND ANALYZED BY THE INTELLIGENCE COMMUNITY. (a) Findings.— Congress makes the following findings: (1) Coordination of operational intelligence support for the commanders of the combatant commands and deployed units of the Armed Forces has proven to be inadequate. (2) Procedures used to reconcile information among various intelligence community and Department of Defense data bases have proven to be inadequate and, being inadequate, have diminished the usefulness of that information and have precluded commanders and planners within the Armed Forces from fully benefiting from key information that should have been available to them. (3) Excessive compartmentalization of responsibilities and information within the Department of Defense and the other elements of the intelligence community has resulted in inaccurate analysis of important intelligence material. (4) Excessive restrictions on the distribution of information within the executive branch have disadvantaged units of the Armed Forces that would have benefited most from the information. (5) Procedures used in the Department of Defense to ensure that critical intelligence information is provided to the right combat units in a timely manner failed during the Persian Gulf War and, as a result, information about potential chemical weapons storage locations did not reach the units that eventually destroyed those storage areas. (6) A recent, detailed review of the events leading to and following the destruction of chemical weapons by members of the Armed Forces at Khamisiyah, Iraq, during the Persian Gulf War has revealed a number of inadequacies in the way the Department of Defense and the other elements of the intelligence community handled, distributed, recorded, and stored intelligence information about the threat of exposure of United States forces to chemical weapons and the toxic agents in those weapons. (7) The inadequacy of procedures for recording the receipt of, and reaction to, intelligence reports provided by the intelligence community to combat units of the Armed Forces during the Persian Gulf War has caused it to be impossible to analyze the failures in transmission of intelligence-related information on the location of chemical weapons at Khamisiyah, Iraq, that resulted in the demolition of chemical weapons by members of the Armed Forces unaware of the hazards to which they were exposed. (b) Report Requirement.— Not later than March 1, 1998, the Secretary of Defense shall submit to Congress a report that identifies the specific actions that have been taken or are being taken to ensure that there is adequate coordination of access of commanders of the combatant commands and deployed units of the Armed Forces to intelligence collected and analyzed by the intelligence community. SEC. 933. PROTECTION OF IMAGERY, IMAGERY INTELLIGENCE, AND GEOSPATIAL INFORMATION AND DATA. (a) Protection of Information on Capabilities.— Paragraph (1)(B) of section 455(b) of title 10, United States Code, is amended by inserting “, or capabilities,” after “methods”. (b) Products Protected.— (1) Paragraph (2) of such section is amended to read as follows: “(2) In this subsection, the term ‘geodetic product’ means imagery, imagery intelligence, or geospatial information.”. (2) Section 467(4) of title 10, United States Code, is amended— (A) by inserting “and” at the end of subparagraph (A); (B) in subparagraph (B), by striking out “and geodetic data; and” and inserting in lieu thereof “geodetic data, and related products.”; and (C) by striking out subparagraph (C). SEC. 934. POW/MIA INTELLIGENCE ANALYSIS. (a) Intelligence Analysis.— The Director of Central Intelligence, in consultation with the Secretary of Defense, shall provide intelligence analysis on matters concerning prisoners of war and missing persons (as defined in chapter 76 of title 10, United States Code) to all departments and agencies of the Federal Government involved in such matters. (b) Use of Intelligence in Analysis of POW/MIA Cases in Department of Defense.— The Secretary of Defense shall ensure that the Defense Prisoner of War/Missing Personnel Office of the Department of Defense takes into full account all intelligence regarding matters concerning of prisoners of war and missing persons (as defined in chapter 76 of title 10, United States Code) in analyzing cases involving such persons.

2. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 922(a) · 111 Stat. 1629

   Added · 10 U.S.C. § 2165(b)(6)

   Pub. L. 105–85, § 922(a), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 105–85, § 922(a), added par. (6).

   Enacted provision · exact public law section
   (a) Institution of the National Defense University.— Subsection (b) of section 2165 of title 10, United States Code, as added by section 921(a)(1), is amended by adding at the end the following new paragraph: “(6) The Center for Hemispheric Defense Studies.”.

3. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 904 · 112 Stat. 1920

   Added · 10 U.S.C. § 2165(b)(7)

   Pub. L. 105–261, § 904, added par. (7)

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 105–261, § 904, added par. (7).

   Enacted provision · exact public law section
   SEC. 904. AUTHORITY TO EXPAND THE NATIONAL DEFENSE UNIVERSITY. Section 2165(b) of title 10, United States Code, is amended by adding at the end the following: “(7) Any other educational institution of the Department of Defense that the Secretary considers appropriate and designates as an institution of the university.”.

4. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 905(a) · 112 Stat. 1920

   Added · 10 U.S.C. § 2165(c)

   Pub. L. 105–261, § 905(a), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–261, § 905(a), added subsec. (c).

   Enacted provision · exact public law section
   (a) Funding for Center.— Section 2165 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Source of Funds for Center for Hemispheric Defense Studies.— Funds available for the payment of personnel expenses under the Latin American cooperation authority set forth in section 1050 of this title are also available for the costs of the operation of the Center for Hemispheric Defense Studies.”.

5. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 10 U.S.C. § 2165(b)(3)

   Pub. L. 106–398 substituted “Joint Forces Staff College” for “Armed Forces Staff College”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 106–398 substituted “Joint Forces Staff College” for “Armed Forces Staff College”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

6. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 527(c)(1) · 115 Stat. 1012

   Added · 10 U.S.C. § 2165(d)

   Pub. L. 107–107 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 107–107 added subsec. (d).

   Enacted provision · exact public law section
   (1) Section 2165 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) Source of Funds for Professional Development Education Operations.— Funding for the professional development education operations of the National Defense University shall be provided from funds made available to the Secretary of Defense from the annual appropriation ‘Operation and Maintenance, Defense-wide’.”.

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title V § 522(a) · 119 Stat. 3136

   Added · 10 U.S.C. § 2165(e)

   Pub. L. 109–163 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–163 added subsec. (e).

   Enacted provision · exact public law section
   (a) National Defense University.— Section 2165 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Acceptance of Faculty Research Grants.— (1) The Secretary of Defense may authorize the President of the National Defense University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of one of the institutions comprising the University for a scientific, literary, or educational purpose. “(2) A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose. “(3) A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes. “(4) The Secretary shall establish an account for administering funds received as research grants under this subsection. The President of the University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. “(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the National Defense University may be used to pay expenses incurred by the University in applying for, and otherwise pursuing, the award of qualifying research grants. “(6) The Regulations. Secretary shall prescribe regulations for the administration of this subsection.” .

8. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 904(b)(2)(A) · 120 Stat. 2083

   1. Redesignated · 10 U.S.C. § 2165(b)(6); 10 U.S.C. § 2165(b)(7)

      Pub. L. 109–364, § 904(b)(2)(A), redesignated par. (7) as (6)

   2. Struck · 10 U.S.C. § 2165(b)(6); 10 U.S.C. § 2165(b)(7)

      Pub. L. 109–364, § 904(b)(2)(A), struck out former par. (6) which read as follows: “The Center for Hemispheric Defense Studies.”

   Source evidence

   Code amendment note
   Subsec. (b)(6), (7). Pub. L. 109–364, § 904(b)(2)(A), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “The Center for Hemispheric Defense Studies.”

   Enacted provision · exact public law section
   (A) in subsection (b)— (i) by striking paragraph (6); and (ii) by redesignating paragraph (7) as paragraph (6); and

9. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 904(b)(2)(B) · 120 Stat. 2083

   Struck · 10 U.S.C. § 2165(c)

   Pub. L. 109–364, § 904(b)(2)(B), struck out heading and text of subsec. (c). Text read as follows: “Funds available for the payment of personnel expenses under the Latin American cooperation authority set forth in section 1050 of this title are also available for the costs of the operation of the Center for Hemispheric Defense Studies.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–364, § 904(b)(2)(B), struck out heading and text of subsec. (c). Text read as follows: “Funds available for the payment of personnel expenses under the Latin American cooperation authority set forth in section 1050 of this title are also available for the costs of the operation of the Center for Hemispheric Defense Studies.”

   Enacted provision · exact public law section
   (B) by striking subsection (c).

10. 2011

    Military Construction Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. B title XXVIII § 2861(b) · 125 Stat. 1298

    Amended · 10 U.S.C. § 2165(b)(2)

    Pub. L. 112–81 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Industrial College of the Armed Forces.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–81 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Industrial College of the Armed Forces.”

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Paragraph (2) of section 2165(b) of title 10, United States Code, is amended to read as follows: “(2) The Dwight D. Eisenhower School for National Security and Resource Strategy.” .

11. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 1648(a) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 2165(b)(5)

    Pub. L. 114–328, § 1648(a), substituted “College of Information and Cyberspace” for “Information Resources Management College”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 114–328, § 1648(a), substituted “College of Information and Cyberspace” for “Information Resources Management College”.

    Enacted provision · exact public law section
    (a) In General.— Section 2165(b)(5) of title 10, United States Code, is amended by striking “Information Resources Management College” and inserting “College of Information and Cyberspace”.

12. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 214(a) · 130 Stat. 2000

    Added · 10 U.S.C. § 2165(f)

    Pub. L. 114–328, § 214(a), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–328, § 214(a), added subsec. (f).

    Enacted provision · exact public law section
    (a) National Defense University.— Section 2165 of title 10, United States Code, is amended by adding at the end the following new subsection: “(f) Cooperative Research and Development Agreements.— (1) In engaging in research and development projects pursuant to subsection (a) of section 2358 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary may enter into such contract or cooperative agreement or award such grant through the National Defense University. “(2) The National Defense University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).” .

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1841(e)(1) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 2165(f)(1)

    Pub. L. 116–283 substituted “section 4001” for “section 2358”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 116–283 substituted “section 4001” for “section 2358”.

    Enacted provision · exact public law section
    (1) Sections 1746(d)(1) and 2165(f)(1) of title 10, United States Code, are amended by striking “section 2358” and inserting “section 4001”.

    Effective date note
    Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

14. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title IX § 912 · 137 Stat. 136

    1. Added · 10 U.S.C. § 2165(b)(6); 10 U.S.C. § 2165(b)(7)

       Pub. L. 118–31 added par. (6)

    2. Redesignated · 10 U.S.C. § 2165(b)(6); 10 U.S.C. § 2165(b)(7)

       Pub. L. 118–31 redesignated former par. (6) as (7)

    Source evidence

    Code amendment note
    Subsec. (b)(6), (7). Pub. L. 118–31 added par. (6) and redesignated former par. (6) as (7).

    Enacted provision · exact public law section
    SEC. 912. ADDITION OF COLLEGE OF INTERNATIONAL SECURITY AFFAIRS TO NATIONAL DEFENSE UNIVERSITY.   Section 2165(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph (6): “(6) The College of International Security Affairs.” .

15. 2025

    Pub. L. 119–60 div. A title V § 554(a) · 139 Stat. 877

    Inserted · 10 U.S.C. § 2165(b)(4)

    Pub. L. 119–60 inserted “(including a Center for Strategic Deterrence and Weapons of Mass Destruction Studies)” after “The Institute for National Strategic Studies”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 119–60 inserted “(including a Center for Strategic Deterrence and Weapons of Mass Destruction Studies)” after “The Institute for National Strategic Studies”.

15 of 17 references resolved to an enrolled provision · 1 partial · 1 unresolved