10 U.S.C. § 2165 — National Defense University: component

Page 1716 TITLE 10—ARMED FORCES § 2165 § 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 in- stitutions: (1) The National War College. (2) The Dwight D. Eisenhower School for Na- tional Security and Resource Strategy. (3) The Joint Forces Staff College. (4) The Institute for National Strategic Studies. (5) The College of Information and Cyber- space. (6) The College of International Security Af- fairs. (7) Any other educational institution of the Department of Defense that the Secretary considers appropriate and designates as an in- stitution of the university. [(c) Repealed. Pub. L. 109–364, div. A, title IX, § 904(b)(2)(B), Oct. 17, 2006, 120 Stat. 2353.] (d) SOURCE OF FUNDS FOR PROFESSIONAL DE- VELOPMENT EDUCATION OPERATIONS.—Funding for the professional development education oper- ations of the National Defense University shall be provided from funds made available to the Secretary of Defense from the annual appropria- tion ‘‘Operation and Maintenance, Defense- wide’’. (e) ACCEPTANCE OF FACULTY RESEARCH GRANTS.—(1) The Secretary of Defense may au- thorize 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, lit- erary, or educational purpose. (2) A qualifying research grant under this sub- section is a grant that is awarded on a competi- tive basis by an entity referred to in paragraph (3) for a research project with a scientific, lit- erary, or educational purpose. (3) A grant may be accepted under this sub- section only from a corporation, fund, founda- tion, educational institution, or similar entity that is organized and operated primarily for sci- entific, 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 pro- vided 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 pur- suing, the award of qualifying research grants. (6) The Secretary shall prescribe regulations for the administration of this subsection. (f) COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.—(1) In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooper- ative agreement, or grant pursuant to sub- section (b)(1) of such section, the Secretary may enter into such contract or cooperative agree- ment or award such grant through the National Defense University. (2) The National Defense University shall be considered a Government-operated Federal lab- oratory for purposes of section 12 of the Steven- son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). (Added and amended Pub. L. 105–85, div. A, title IX, §§ 921(a)(1), 922(a), Nov. 18, 1997, 111 Stat. 1862, 1863; Pub. L. 105–261, div. A, title IX, §§ 904, 905(a), Oct. 17, 1998, 112 Stat. 2093; Pub. L. 106–398, § 1 [[div. A], title IX, § 913(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230; Pub. L. 107–107, div. A, title V, § 527(c)(1), Dec. 28, 2001, 115 Stat. 1102; Pub. L. 109–163, div. A, title V, § 522(a), Jan. 6, 2006, 119 Stat. 3240; Pub. L. 109–364, div. A, title IX, § 904(b)(2), Oct. 17, 2006, 120 Stat. 2353; Pub. L. 112–81, div. B, title XXVIII, § 2861(b), Dec. 31, 2011, 125 Stat. 1701; Pub. L. 114–328, div. A, title II, § 214(a), title XVI, § 1648(a), Dec. 23, 2016, 130 Stat. 2048, 2606; Pub. L. 116–283, div. A, title XVIII, § 1841(e)(1), Jan. 1, 2021, 134 Stat. 4244; Pub. L. 118–31, div. A, title IX, § 912, Dec. 22, 2023, 137 Stat. 365.) Editorial Notes AMENDMENTS 2023—Subsec. (b)(6), (7). Pub. L. 118–31 added par. (6) and redesignated former par. (6) as (7). 2021—Subsec. (f)(1). Pub. L. 116–283 substituted ‘‘sec- tion 4001’’ for ‘‘section 2358’’. 2016—Subsec. (b)(5). Pub. L. 114–328, § 1648(a), sub- stituted ‘‘College of Information and Cyberspace’’ for ‘‘Information Resources Management College’’. Subsec. (f). Pub. L. 114–328, § 214(a), added subsec. (f). 2011—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.’’ 2006—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.’’ 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.’’ Subsec. (e). Pub. L. 109–163 added subsec. (e). 2001—Subsec. (d). Pub. L. 107–107 added subsec. (d). 2000—Subsec. (b)(3). Pub. L. 106–398 substituted ‘‘Joint Forces Staff College’’ for ‘‘Armed Forces Staff Col- lege’’. 1998—Subsec. (b)(7). Pub. L. 105–261, § 904, added par. (7). Subsec. (c). Pub. L. 105–261, § 905(a), added subsec. (c). 1997—Subsec. (b)(6). Pub. L. 105–85, § 922(a), added par. (6). Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 114–328, div. A, title XVI, § 1648(b), Dec. 23, 2016, 130 Stat. 2606, provided that: ‘‘Any reference in any law, regulation, document, record, or other paper of the United States to the Information Resources Management College shall be considered to be a ref- erence to the College of Information and Cyberspace.’’ Pub. L. 112–81, div. B, title XXVIII, § 2861, Dec. 31, 2011, 125 Stat. 1701, provided that: ‘‘(a) REDESIGNATION.—The Industrial College of the Armed Forces is hereby renamed the ‘Dwight D. Eisen- Page 1717 TITLE 10—ARMED FORCES § 2167 hower School for National Security and Resource Strategy’. ‘‘(b) CONFORMING AMENDMENT.—[Amended section 2165(b)(2) of this title.] ‘‘(c) REFERENCES.—Any reference to the Industrial College of the Armed Forces in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Dwight D. Eisenhower School for National Security and Re- source Strategy.’’ Pub. L. 106–398, § 1 [[div. A], title IX, § 913(a), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–230, provided that: ‘‘(a) CHANGE IN NAME.—The Armed Forces Staff Col- lege of the Department of Defense is hereby renamed the ‘Joint Forces Staff College’. ‘‘(c) REFERENCES.—Any reference to the Armed Forces Staff College in any law, regulation, map, docu- ment, record, or other paper of the United States shall be considered to be a reference to the Joint Forces Staff College.’’ EFFECTIVE DATE OF 2021 AMENDMENT 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. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 527(c)(2), Dec. 28, 2001, 115 Stat. 1102, provided that: ‘‘Subsection (d) of section 2165 of title 10, United States Code, as added by para- graph (1), shall become effective beginning with fiscal year 2003.’’ CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS Pub. L. 106–65, div. A, title IX, § 914, Oct. 5, 1999, 113 Stat. 721, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish a Center for the Study of Chinese Military Af- fairs as part of the National Defense University. The Center shall be organized under the Institute for Na- tional Strategic Studies of the University. ‘‘(b) QUALIFICATIONS OF DIRECTOR.—The Director of the Center shall be an individual who is a distinguished scholar of proven academic, management, and leader- ship credentials with a superior record of achievement and publication regarding Chinese political, strategic, and military affairs. ‘‘(c) MISSION.—The mission of the Center is to study and inform policymakers in the Department of Defense, Congress, and throughout the Government regarding the national goals and strategic posture of the People’s Republic of China and the ability of that nation to de- velop, field, and deploy an effective military instru- ment in support of its national strategic objectives. The Center shall accomplish that mission by a variety of means intended to widely disseminate the research findings of the Center. ‘‘(d) STARTUP OF CENTER.—The Secretary of Defense shall establish the Center for the Study of Chinese Military Affairs not later than March 1, 2000. The first Director of the Center shall be appointed not later than June 1, 2000. The Center should be fully operational not later than June 1, 2001. ‘‘(e) IMPLEMENTATION REPORT.—(1) Not later than January 1, 2001, the President of the National Defense University shall submit to the Secretary of Defense a report setting forth the President’s organizational plan for the Center for the Study of Chinese Military Af- fairs, the proposed budget for the Center, and the time- table for initial and full operations of the Center. The President of the National Defense University shall pre- pare that report in consultation with the Director of the Center and the Director of the Institute for Na- tional Strategic Studies of the University. ‘‘(2) The Secretary of Defense shall transmit the re- port under paragraph (1), together with whatever com- ments the Secretary considers appropriate, to the Com- mittee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Representa- tives not later than February 1, 2001.’’ [§ 2166. Renumbered § 343] § 2167. National Defense University: admission of private sector civilians to professional mili- tary education program (a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may permit eligible private sector employees who work in organizations relevant to national security to receive instruction at the National Defense University in accordance with this section. No more than the equivalent of 35 full-time student positions may be filled at any one time by private sector employees en- rolled under this section. Upon successful com- pletion of the course of instruction in which en- rolled, any such private sector employee may be awarded an appropriate diploma or degree under section 2165 of this title. (b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of this section, an eligible private sec- tor employee is an individual employed by a pri- vate firm that is engaged in providing to the De- partment of Defense or other Government de- partments or agencies significant and substan- tial defense-related systems, products, or serv- ices or whose work product is relevant to na- tional security policy or strategy. A private sec- tor employee admitted for instruction at the National Defense University remains eligible for such instruction only so long as that person re- mains employed by the same firm. (c) ANNUAL CERTIFICATION BY SECRETARY OF DEFENSE.—Private sector employees may re- ceive instruction at the National Defense Uni- versity during any academic year only if, before the start of that academic year, the Secretary of Defense determines, and certifies to the Com- mittee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under this section dur- ing that year will further national security in- terests of the United States. (d) PROGRAM REQUIREMENTS.—The Secretary of Defense shall ensure that— (1) the curriculum for the professional mili- tary education program in which private sec- tor employees may be enrolled under this sec- tion is not readily available through other schools and concentrates on national security relevant issues; and (2) the course offerings at the National De- fense University continue to be determined solely by the needs of the Department of De- fense. (e) TUITION.—The President of the National Defense University shall charge students en- rolled under this section a rate— (1) that is at least the rate charged for em- ployees of the United States outside the De- partment of Defense, less infrastructure costs, and (2) that considers the value to the school and course of the private sector student. (f) STANDARDS OF CONDUCT.—While receiving instruction at the National Defense University,