10 U.S.C. § 461 — Management rights

Page 476 TITLE 10—ARMED FORCES § 461 ‘‘(6) to support Department of Defense operations and infrastructure with a skilled geospatial work- force. ‘‘(c) LOCATION.— ‘‘(1) IN GENERAL.—In selecting a location for the pilot program required under subsection (a), the Sec- retary shall prioritize a location— ‘‘(A) where the Secretary can partner with an eli- gible institution of higher education that— ‘‘(i) conducts research; ‘‘(ii) is in close proximity to National Geospatial-Intelligence Agency facilities outside of the National Capital Region; ‘‘(iii) offers programs of education in geospatial or related matters; and ‘‘(iv) has a demonstrated ability to build the professional workforce, by impacting kinder- garten through college learning and beyond, as demonstrated by an educational partnership agreement and a collaborative research and de- velopment agreement with the National Geospatial-Intelligence Agency; ‘‘(B) that has a significant presence of Depart- ment of Defense installations or related activities; and ‘‘(C) that demonstrates a strong potential to re- cruit from a broad spectrum of academic candidates for growth in geospatial technology sectors;[.] ‘‘(2) ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION.— For purposes of the Pilot Program, an eligible insti- tution of higher education is an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that— ‘‘(A) is an institution of higher education de- scribed in paragraph (1)(A); ‘‘(B) has a demonstrated capacity for research and development in geospatial technologies; and ‘‘(C) engages in partnerships with local schools and community organizations to promote geospatial education at all levels. ‘‘(d) IMPLEMENTATION.—In carrying out the Pilot Pro- gram, the Secretary shall— ‘‘(1) collaborate with local and regional educational institutions, including public research institutions, to develop curriculum and training modules tailored to geospatial technology skills; ‘‘(2) engage with industry partners to ensure the training meets current and future workforce de- mands; ‘‘(3) provide funding and resources for training fa- cilities, instructors, and materials; ‘‘(4) monitor and evaluate the effectiveness of the training programs and make necessary adjustments to improve outcomes; and ‘‘(5) ensure, in carrying out the pilot program under subsection (a), the Department’s activities do not de- tract from, interfere with, or otherwise hinder the ef- forts carried out by Geomatics Emerging Scientist Consortium for Education, Research, and Capabilities Enhancement (GEO-ESCON), or any successor pro- gram. ‘‘(e) CITIZENSHIP REQUIREMENT.—The Secretary shall ensure that participation in the Pilot Program is lim- ited to citizens of the United States. ‘‘(f) TERMINATION.—The requirement to carry out a pilot program under subsection (a) shall terminate on September 30, 2030. ‘‘(g) REPORTS.— ‘‘(1) INITIAL REPORT.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary shall submit to the congressional intel- ligence committees [Select Committee on Intel- ligence of the Senate and Permanent Select Com- mittee on Intelligence of the House of Representa- tives] and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a re- port on the establishment of the Pilot Program. ‘‘(2) ANNUAL REPORT.— ‘‘(A) REQUIREMENT.—Not later than one year after the date of the commencement of the Pilot Pro- gram, and not less frequently than once each year thereafter through fiscal year 2030, the Secretary shall submit to the congressional intelligence com- mittees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an annual report on the Pilot Program. ‘‘(B) ELEMENTS.—Each report submitted pursuant to subparagraph (A) shall include, for the period covered by the report, the following with respect to the goals described in subsection (b): ‘‘(i) An assessment of the demand for geospatial technology skills. ‘‘(ii) The progress in developing and imple- menting the Pilot Program. ‘‘(iii) Employment outcomes and economic im- pact. ‘‘(iv) Recommendations for expanding or modi- fying the Pilot Program.’’ § 461. Management rights (a) SCOPE.—If there is no obligation under the provisions of chapter 71 of title 5 for the head of an agency of the United States to consult or ne- gotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regu- lation, the Director of the National Geospatial- Intelligence Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regula- tion is inapplicable to the National Geospatial- Intelligence Agency. (b) BARGAINING UNITS.—The Director of the National Geospatial-Intelligence Agency shall accord exclusive recognition to a labor organiza- tion under section 7111 of title 5 only for a bar- gaining unit that was recognized as appropriate for the Defense Mapping Agency on September 30, 1996. (c) TERMINATION OF BARGAINING UNIT COV- ERAGE OF POSITION MODIFIED TO AFFECT NA- TIONAL SECURITY DIRECTLY.—(1) If the Director of the National Geospatial-Intelligence Agency determines that the responsibilities of a posi- tion within a collective bargaining unit should be modified to include intelligence, counter- intelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned du- ties directly affects the national security of the United States, then, upon such a modification of the responsibilities of that position, the position shall cease to be covered by the collective bar- gaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recogni- tion for that collective bargaining unit. (2) A determination described in paragraph (1) that is made by the Director of the National Geospatial-Intelligence Agency may not be re- viewed by the Federal Labor Relations Author- ity or any court of the United States. (Added Pub. L. 104–201, div. A, title XI, § 1112(a)(2), Sept. 23, 1996, 110 Stat. 2681; amended Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), (C), Nov. 24, 2003, 117 Stat. 1568.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–136, § 921(d)(2)(A), sub- stituted ‘‘National Geospatial-Intelligence Agency’’ for Page 477 TITLE 10—ARMED FORCES § 467 ‘‘National Imagery and Mapping Agency’’ in two places. Subsec. (b). Pub. L. 108–136, § 921(d)(2)(C), substituted ‘‘The Director of the National Geospatial-Intelligence Agency’’ for ‘‘The National Imagery and Mapping Agency’’ and ‘‘on September 30, 1996’’ for ‘‘on the day before the date on which employees and positions of the Defense Mapping Agency in that bargaining unit be- came employees and positions of the National Imagery and Mapping Agency under the National Imagery and Mapping Agency Act of 1996 (title XI of the National Defense Authorization Act for Fiscal Year 1997)’’. Subsec. (c). Pub. L. 108–136, § 921(d)(2)(A), substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘Na- tional Imagery and Mapping Agency’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 193 of this title. § 462. Financial assistance to certain employees in acquisition of critical skills The Secretary of Defense may establish an un- dergraduate training program with respect to ci- vilian employees of the National Geospatial-In- telligence Agency that is similar in purpose, conditions, content, and administration to the program established by the Secretary of Defense under section 16 of the National Security Agen- cy Act of 1959 (50 U.S.C. 3614) for civilian em- ployees of the National Security Agency. (Added Pub. L. 107–108, title V, § 504(a), Dec. 28, 2001, 115 Stat. 1405; amended Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 113–291, div. A, title X, § 1071(c)(9), Dec. 19, 2014, 128 Stat. 3509.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3614)’’ for ‘‘(50 U.S.C. 402 note)’’. 2003—Pub. L. 108–136 substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘National Imagery and Mapping Agency’’. SUBCHAPTER IV—DEFINITIONS Sec. 467. Definitions. § 467. Definitions In this chapter: (1) The term ‘‘function’’ means any duty, ob- ligation, responsibility, privilege, activity, or program. (2)(A) The term ‘‘imagery’’ means, except as provided in subparagraph (B), a likeness or presentation of any natural or manmade fea- ture or related object or activity and the posi- tional data acquired at the same time the likeness or representation was acquired, in- cluding— (i) products produced by space-based na- tional intelligence reconnaissance systems; and (ii) likenesses or presentations produced by satellites, airborne platforms, unmanned aerial vehicles, or other similar means. (B) Such term does not include handheld or clandestine photography taken by or on behalf of human intelligence collection organiza- tions. (3) The term ‘‘imagery intelligence’’ means the technical, geographic, and intelligence in- formation derived through the interpretation or analysis of imagery and collateral mate- rials. (4) The term ‘‘geospatial information’’ means information that identifies the geo- graphic location and characteristics of natural or constructed features and boundaries on or about the earth and includes— (A) data and information derived from, among other things, remote sensing, map- ping, and surveying technologies; and (B) mapping, charting, geomatics data, and related products and services. (5) The term ‘‘geospatial intelligence’’ means the exploitation and analysis of im- agery and geospatial information to describe, assess, and visually depict physical features and geographically referenced activities on or about the earth. Geospatial intelligence con- sists of imagery, imagery intelligence, and geospatial information. (Added Pub. L. 104–201, div. A, title XI, § 1112(a)(2), Sept. 23, 1996, 110 Stat. 2682; amended Pub. L. 105–85, div. A, title IX, § 933(b)(2), Nov. 18, 1997, 111 Stat. 1866; Pub. L. 108–136, div. A, title IX, § 921(b), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 116–283, div. A, title XVI, § 1621(f), Jan. 1, 2021, 134 Stat. 4054.) Editorial Notes AMENDMENTS 2021—Par. (4). Pub. L. 116–283, § 1621(f)(1)(A), inserted ‘‘or about’’ after ‘‘boundaries on’’ in introductory pro- visions. Par. (4)(A). Pub. L. 116–283, § 1621(f)(1)(B), struck out ‘‘statistical’’ before ‘‘data’’. Par. (4)(B). Pub. L. 116–283, § 1621(f)(1)(C), substituted ‘‘geomatics’’ for ‘‘geodetic’’ and inserted ‘‘and serv- ices’’ after ‘‘products’’. Par. (5). Pub. L. 116–283, § 1621(f)(2), inserted ‘‘or about’’ after ‘‘activities on’’. 2003—Par. (5). Pub. L. 108–136 added par. (5). 1997—Par. (4). Pub. L. 105–85 inserted ‘‘and’’ at end of subpar. (A), substituted ‘‘geodetic data, and related products.’’ for ‘‘and geodetic data; and’’ in subpar. (B), and struck out subpar. (C) which read as follows: ‘‘geo- detic products, as defined in section 455(c) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amend- ment note under section 193 of this title. CHAPTER 23—MISCELLANEOUS STUDIES AND REPORTS Sec. 480. Reports to Congress: submission in electronic form. 481. Racial and ethnic issues; gender issues: sur- veys. 481a. Workplace and gender relations issues: sur- veys of Department of Defense civilian em- ployees. 482. Readiness reports. 483. Notifications related to basing decision-mak- ing process.