§ 443. Imagery intelligence and geospatial information: support for foreign countries, regional organizations, and security alliances

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. 1996

   National Imagery and Mapping Agency Act of 1996

   Pub. L. 104–201 div. A title XI § 1112(a)(2) · 110 Stat. 2422

   Enacted · 10 U.S.C. § 443

   Added Pub. L. 104–201, div. A, title XI, § 1112(a)(2), Sept. 23, 1996, 110 Stat. 2679

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title XI, § 1112(a)(2), Sept. 23, 1996, 110 Stat. 2679

   Enacted provision · exact public law section
   (2) by inserting after chapter 21 the following new chapter 22: “CHAPTER 22— NATIONAL IMAGERY AND MAPPING AGENCY “Subchapter “I. Missions and Authority “11. Maps, Charts, and Geodetic Products “III. Personnel Management “IV. Definitions “SUBCHAPTER I— MISSIONS AND AUTHORITY “Sec. “441. Establishment. “442. Missions. “443. Imagery intelligence and geospatial information: support for foreign countries. “444. Support from Central Intelligence Agency. “445. Protection of agency identifications and organizational information. “§441. Establishment “(a) Establishment.— The National Imagery and Mapping Agency is a combat support agency of the Department of Defense and has significant national missions. “(b) Director.— (1) The Director of the National Imagery and Mapping Agency is the head of the agency. “(2) Upon a vacancy in the position of Director, the Secretary of Defense shall recommend to the President an individual for appointment to the position. “(3) If an officer of the armed forces on active duty is appointed to the position of Director, the position shall be treated as having been designated by the President as a position of importance and responsibility for purposes of section 601 of this title and shall carry the grade of lieutenant general, or, in the case of an officer of the Navy, vice admiral. “(c) Director of Central Intelligence Collection Tasking Authority.— Unless otherwise directed by the President, the Director of Central Intelligence shall have authority (except as otherwise agreed by the Director and the Secretary of Defense) to— “(1) approve collection requirements levied on national imagery collection assets; “(2) determine priorities for such requirements; and “(3) resolve conflicts in such priorities. “(d) Availability and Continued Improvement of Imagery Intelligence Support to All-Source Analysis and Production Function.— The Secretary of Defense, in consultation with the Director of Central Intelligence, shall take all necessary steps to ensure the full availability and continued improvement of imagery intelligence support for all-source analysis and production. “§ 442. Missions “(a) National Security Missions.— (1) The National Imagery and Mapping Agency shall, in support of the national security objectives of the United States, provide the following: “(A) Imagery. “(B) Imagery intelligence. “(C) Geospatial information. “(2) Imagery, intelligence, and information provided in carrying out paragraph (1) shall be timely, relevant, and accurate. “(b) Navigation Information.— The National Imagery and Mapping Agency shall improve means of navigating vessels of the Navy and the merchant marine by providing, under the authority of the Secretary of Defense, accurate and inexpensive nautical charts, sailing directions, books on navigation, and manuals of instructions for the use of all vessels of the United States and of navigators generally. “(c) Maps, Charts, Etc.— The National Imagery and Mapping Agency shall prepare and distribute maps, charts, books, and geodetic products as authorized under subchapter II of this chapter. “(d) National Missions.— The National Imagery and Mapping Agency also has national missions as specified in section 120(a) of the National Security Act of 1947. “(e) Systems.— The National Imagery and Mapping Agency may, in furtherance of a mission of the Agency, design, develop, deploy, operate, and maintain systems related to the processing and dissemination of imagery intelligence and geospatial information that may be transferred to, accepted or used by, or used on behalf of— “(1) the armed forces, including any combatant command, component of a combatant command, joint task force, or tactical unit; or “(2) any other department or agency of the United States. “§ 443. Imagery intelligence and geospatial information: support for foreign countries “(a) Use of Appropriated Funds.— The Director of the National Imagery and Mapping Agency may use appropriated funds available to the National Imagery and Mapping Agency to provide foreign countries with imagery intelligence and geospatial information support. “(b) Use of Funds Other Than Appropriated Funds.— The Director may use funds other than appropriated funds to provide foreign countries with imagery intelligence and geospatial information support, notwithstanding provisions of law relating to the expenditure of funds of the United States, except that— “(1) no such funds may be expended, in whole or in part, by or for the benefit of the National Imagery and Mapping Agency for a purpose for which Congress had previously denied funds. “(2) proceeds from the sale of imagery intelligence or geospatial information items may be used only to purchase replacement items similar to the items that are sold; and “(3) the authority provided by this subsection may not be used to acquire items or services for the principal benefit of the United States. “(c) Accommodation Procurements.— The authority under this section may be exercised to conduct accommodation procurements on behalf of foreign countries. “(d) Coordination With Director of Central Intelligence.— The Director of the Agency shall coordinate with the Director of Central Intelligence any action under this section that involves imagery intelligence or intelligence products or involves providing support to an intelligence or security service of a foreign country. “§ 444. Support from Central Intelligence Agency “(a) Support Authorized.— The Director of Central Intelligence may provide support in accordance with this section to the Director of the National Imagery and Mapping Agency. The Director of the National Imagery and Mapping Agency may accept support provided under this section. “(b) Administrative and Contract Services.— (1) In furtherance of the national intelligence effort, the Director of Central Intelligence may provide administrative and contract services to the National Imagery and Mapping Agency as if that agency were an organizational element of the Central Intelligence Agency. “(2) Services provided under paragraph (1) may include the services of security police. For purposes of section 15 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403o), an installation of the National Imagery and Mapping Agency that is provided security police services under this section shall be considered an installation of the Central Intelligence Agency. “(3) Support provided under this subsection shall be provided under terms and conditions agreed upon by the Secretary of Defense and the Director of Central Intelligence. “(c) Detail of Personnel.— The Director of Central Intelligence may detail personnel of the Central Intelligence Agency indefinitely to the National Imagery and Mapping Agency without regard to any limitation on the duration of interagency details of Federal Government personnel. “(d) Reimbursable or Nonreimbursable Support.— Support under this section may be provided and accepted on either a reimbursable basis or a nonreimbursable basis. “(e) Authority To Transfer Funds.— (1) The Director of the National Imagery and Mapping Agency may transfer funds available for that agency to the Director of Central Intelligence for the Central Intelligence Agency. “(2) The Director of Central Intelligence— “(A) may accept funds transferred under paragraph (1); and “(B) shall expend such funds, in accordance with the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), to provide administrative and contract services or detail personnel to the National Imagery and Mapping Agency under this section. “§445. Protection of agency identifications and organizational information (1) Except with the written permission of the Secretary of Defense, no person may knowingly use, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary of Defense, any of the following: “(A) The words ‘National Imagery and Mapping Agency’, the initials ‘NIMA’, or the seal of the National Imagery and Mapping Agency. “(B) The words ‘Defense Mapping Agency’, the initials ‘DMA’, or the seal of the Defense Mapping Agency. “(C) Any colorable imitation of such words, initials, or seals. “(2) Whenever it appears to the Attorney General that any person is engaged or about to engage in an act or practice which constitutes or will constitute conduct prohibited by paragraph (1), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to a hearing and determination of such action and may, at any time before such final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. “SUBCHAPTER II— MAPS, CHARTS, AND GEODETIC PRODUCTS “Sec. “451. Maps, charts, and books. “452. Pilot charts. “453. Prices of maps, charts, and navigational publications. “454. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations. “455. Maps, charts, and geodetic data: public availability; exceptions. “456. Civil actions barred. “SUBCHAPTER III— PERSONNEL MANAGEMENT “Sec. “461. Management rights. “§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 negotiate with a labor organization on a particular matter by reason of that matter being covered by a provision of law or a Governmentwide regulation, the Director of the National Imagery and Mapping Agency is not obligated to consult or negotiate with a labor organization on that matter even if that provision of law or regulation is inapplicable to the National Imagery and Mapping Agency. “(b) Bargaining Units.— The National Imagery and Mapping Agency shall accord exclusive recognition to a Tabor organization under section 7111 of title 5 only for a bargaining unit that was recognized as appropriate for the Defense Mapping Agency on the day before the date on which employees and positions of the Defense Mapping Agency in that bargaining unit became 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). “(c) Termination of Bargaining Unit Coverage of Position Modified To Affect National Security Directly.— (1) If the Director of the National Imagery and Mapping Agency determines that the responsibilities of a position within a collective bargaining unit should be modified to include intelligence, counterintelligence, investigative, or security duties not previously assigned to that position and that the performance of the newly assigned duties 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 bargaining unit and the employee in that position shall cease to be entitled to representation by a labor organization accorded exclusive recognition for that collective bargaining unit. “(2) A determination described in paragraph (1) that is made by the Director of the National Imagery and Mapping Agency may not be reviewed by the Federal Labor Relations Authority or any court of the United States. “SUBCHAPTER IV— DEFINITIONS “Sec. “467. Definitions. “§ 467. Definitions “In this chapter: “(1) The term ‘function’ means any duty, obligation, 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 feature or related object or activity and the positional data acquired at the same time the likeness or representation was acquired, including— “(i) products produced by space-based national 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 organizations. “(3) The term ‘imagery intelligence’ means the technical, geographic, and intelligence information derived through the interpretation or analysis of imagery and collateral materials. “(4) The term ‘geospatial information’ means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth and includes— “(A) statistical data and information derived from, among other things, remote sensing, mapping, and surveying technologies; “(B) mapping, charting, and geodetic data; and “(C) geodetic products, as defined in section 455(c) of this title.”.

2. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1073(a)(7) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 443(b)(1)

   Pub. L. 105–85 substituted semicolon for period after “denied funds”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 105–85 substituted semicolon for period after “denied funds”.

   Enacted provision · exact public law section
   (7) Section 443(b)(1) is amended by striking out the period at the end and inserting in lieu thereof a semicolon.

3. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title IX § 921(d)(2)(A) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 443(a); 10 U.S.C. § 443(b)(1)

   Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b)(1). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency” wherever appearing.

   Enacted provision · exact public law section
   (A) 10 USC 441–444, 451–457, 461, 462. by striking “National Imagery and Mapping Agency” each place it appears (other than in section 461(b)) and inserting “National Geospatial-Intelligence Agency”;

4. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title IX § 931(a)(11) · 122 Stat. 3

   1. Amended · 10 U.S.C. § 443(d)

      Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(10), (b)(2), amended subsec. (d) identically

   2. Repealed · 10 U.S.C. § 443(d)

      Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(10), (b)(2), substituting “Director of National Intelligence” for “Director of Central Intelligence” in heading and text. Pub. L. 110–417, § 932(a)(10), (b)(2), was repealed by Pub. L. 111–84

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–181 and Pub. L. 110–417, § 932(a)(10), (b)(2), amended subsec. (d) identically, substituting “Director of National Intelligence” for “Director of Central Intelligence” in heading and text. Pub. L. 110–417, § 932(a)(10), (b)(2), was repealed by Pub. L. 111–84.

   Enacted provision · exact public law section
   (11) Section 443(d).

5. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title X § 1073(c)(10) · 123 Stat. 2190

   Repealed · 10 U.S.C. § 443(d)

   Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(10), (b)(2). See 2008 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 111–84 repealed Pub. L. 110–417, § 932(a)(10), (b)(2). See 2008 Amendment note below.

   Enacted provision · exact public law section
   (10) Section 932 (122 Stat. 4576) is repealed.

   Effective date note
   Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(10) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

6. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 921(b)(1) · 126 Stat. 1632

   Substituted · 10 U.S.C. § 443

   Pub. L. 112–239, § 921(b)(1), substituted “foreign countries, regional organizations, and security alliances” for “foreign countries” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 112–239, § 921(b)(1), substituted “foreign countries, regional organizations, and security alliances” for “foreign countries” in section catchline.

   Enacted provision · exact public law section
   (1) Section heading.— The heading of section 443 of title 10, United States Code, is amended by striking “foreign countries” and inserting “foreign countries, regional organizations, and security alliances”.

7. 2013

   National Defense Authorization Act for Fiscal Year 2013

   Pub. L. 112–239 § 921(a) · 126 Stat. 1632

   Substituted · 10 U.S.C. § 443(a)

   Pub. L. 112–239, § 921(a), substituted “foreign countries, regional organizations with defense or security components, and security alliances of which the United States is a member” for “foreign countries”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–239, § 921(a), substituted “foreign countries, regional organizations with defense or security components, and security alliances of which the United States is a member” for “foreign countries”.

   Enacted provision · exact public law section
   (a) Authorization.— Section 443(a) of title 10, United States Code, is amended by striking “foreign countries” and inserting “foreign countries, regional organizations with defense or security components, and security alliances of which the United States is a member”.

8 of 8 references resolved to an enrolled provision