50 U.S.C. § 3334a: Transfer of National…

Summary

The National Intelligence University will move from the Defense Intelligence Agency to the Office of the Director of National Intelligence once the Secretary of Defense and the Director of National Intelligence send joint written certifications. Those certifications must be sent as soon as possible after December 20, 2019, but no later than 18 months after that date. The certifications must show five things: regional accreditation by the Middle States Commission on Higher Education, that service members will get Phase I joint professional military education credit, that the Secretary of Education will approve the degrees, that a proper governance plan is in place, and that the Department of Defense will use the school for advanced intelligence education. If the leaders miss the 18‑month deadline, they must send a report by 21 months after December 20, 2019, explaining progress, problems, and new dates, and then send the certifications as soon as they can. Within 90 days after December 20, 2019, the DNI, the DIA Director, and the University President must brief Congress on the transfer plans, and the Secretary of Defense and the DNI must give Congress cost estimates (including indirect costs like HR, security, facilities, and IT). "Appropriate congressional committees" means the congressional intelligence committees and the Senate and House Armed Services Committees. "Phase I joint professional military education" refers to the meaning given in 10 U.S.C. §2154. The legal changes take effect when the joint certifications are submitted, and the leaders must tell the Law Revision Counsel when that happens.

Title 50, §3334a

War and National Defense, Source: USLM XML via OLRC

(a)Transfer

Upon the submission of the joint certifications under subsection (b)(1), the Secretary of Defense and the Director of National Intelligence shall take such actions that the Director determines necessary to transfer the National Intelligence University from the Defense Intelligence Agency to the Director of National Intelligence.

(b)Joint certifications

(1)Requirement

Except as provided by paragraph (2), as soon as practicable after December 20, 2019, but not later than 18 months after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees written certifications of each of the following:

(A)The Middle States Commission on Higher Education has provided regional academic accreditation for the National Intelligence University before the date of the certification, or will provide such academic accreditation as of the date on which the University is transferred under subsection (a).

(B)Members of the Armed Forces attending the University will be eligible to receive credit for Phase I joint professional military education.

(C)The Secretary of Education has informed the Director of National Intelligence that the Secretary has recommended approval of the degrees to be conferred pursuant to section 3227a(b) of this title or will provide such recommended approval as of the date on which the University is transferred under subsection (a).

(D)The Director of National Intelligence, in collaboration with the Secretary of Defense, has established an appropriate governance model for the University.

(E)The Secretary of Defense shall use the University to provide personnel of the Department of Defense with advanced intelligence education.

(2)Failure to certify

(A)Actions required

If the Secretary of Defense and the Director of National Intelligence fail to submit the certifications under paragraph (1) by the date specified in such paragraph, the Secretary and the Director shall—

(i)jointly submit to the appropriate congressional committees a report on such failure by not later than 21 months after December 20, 2019; and

(ii)jointly submit such certifications as soon as practicable.

(B)Contents of report

The report under subparagraph (A)(i) shall contain the following:

(i)A description of the progress made toward fulfilling the conditions described in such paragraph as of the date of the report.

(ii)A description of any obstacles preventing the fulfillment of such conditions.

(iii)The estimated dates of completion for the fulfillment of such conditions and the submission of the certifications.

(c)Briefing

Not later than 90 days after December 20, 2019, the Director of National Intelligence, the Director of the Defense Intelligence Agency, and the President of the National Intelligence University shall jointly provide to the appropriate congressional committees a briefing on the plan to carry out the transfer under subsection (a), including with respect to—

(1)ensuring the provision of services to all elements of the intelligence community;

(2)employing a military cadre at the University; and

(3)addressing the current accreditation status of the National Intelligence University with the Middle States Commission on Higher Education.

(d)Cost estimates of transfer

(1)Requirement

Not later than 90 days after December 20, 2019, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the appropriate congressional committees an estimate of— (A)

(B)the costs to the Federal Government of transferring the National Intelligence University to the Director of National Intelligence.

(2)Inclusion of indirect costs

The estimate submitted under paragraph (1) shall include all indirect costs, including with respect to human resources, security, facilities, and information technology.

(e)Conforming repeal

(1)Omitted

(2)Effective date

The amendments made by paragraph (1) shall take effect on the date on which the Secretary of Defense and the Director of National Intelligence jointly submit the joint certifications under subsection (b)(1). The Secretary and the Director shall jointly notify the Law Revision Counsel of the House of Representatives of the submission of the certifications so that the Law Revision Counsel may execute the amendments made by paragraph (1).

(f)Definitions

In this section: (1) Appropriate congressional committees

(2)Phase I joint professional military education

The term “Phase I joint professional military education” has the meaning given that term pursuant to section 2154 of title 10.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 5324 of Pub. L. 116–92. Subsec. (e)(1) of section 5324 of Pub. L. 116–92 repealed section 2161 of Title 10, Armed Forces, and amended the analysis preceding section 2161 of Title 10.

Amendments

2020—Subsec. (b)(1)(C). Pub. L. 116–260, § 305(c)(1), substituted “section 3227a(b) of this title” for “subsection (e)(2)”. Subsecs. (e) to (h). Pub. L. 116–260, § 305(c)(2), (3), redesignated subsecs. (g) and (h) as (e) and (f), respectively, and struck out former subsecs. (e) and (f) which related to degree-granting authority and congressional notification requirements, respectively.

Statutory Notes and Related Subsidiaries

Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.

§3334a Transfer of National Intelligence University to the Office of the Director of National Intelligence