-CITE-

10 USC CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

.

-HEAD-

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

-MISC1-

Subchapter Sec.

I. Missions and Authority 441

II. Maps, Charts, and Geodetic Products 451

III. Personnel Management 461

IV. Definitions 467

PRIOR PROVISIONS

A prior chapter 22 was renumbered chapter 23 of this title.

-CITE-

10 USC SUBCHAPTER I - MISSIONS AND AUTHORITY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER I - MISSIONS AND AUTHORITY

.

-HEAD-

SUBCHAPTER I - MISSIONS AND AUTHORITY

-MISC1-

Sec.

441. Establishment.

442. Missions.

443. Imagery intelligence and geospatial information: support for

foreign countries.

444. Support from Central Intelligence Agency.

(445. Repealed.)

AMENDMENTS

1997 - Pub. L. 105-107, title V, Sec. 503(d)(3), Nov. 20, 1997,

111 Stat. 2263, struck out item 445 ''Protection of agency

identifications and organizational information''.

-CITE-

10 USC Sec. 441 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER I - MISSIONS AND AUTHORITY

-HEAD-

Sec. 441. Establishment

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept.

23, 1996, 110 Stat. 2678.)

-MISC1-

EFFECTIVE DATE

Subchapter effective Oct. 1, 1996, see section 1124 of Pub. L.

104-201, set out as an Effective Date of 1996 Amendment note under

section 193 of this title.

SHORT TITLE OF 1996 AMENDMENT

Section 1101 of title XI of div. A of Pub. L. 104-201 provided

that: ''This title (enacting this chapter, section 424 of this

title, and sections 404e and 404f of Title 50, War and National

Defense, amending sections 193, 201, and 451 to 456 of this title,

sections 2302, 3132, 4301, 4701, 5102, 5342, 6339, and 7323 of

Title 5, Government Organization and Employees, section 105 of the

Ethics in Government Act of 1978, set out in the Appendix to Title

5, section 82 of Title 14, Coast Guard, section 2006 of Title 29,

Labor, section 1336 of Title 44, Public Printing and Documents, and

sections 401a and 403-5 of Title 50, renumbering chapter 22 and

sections 451, 452, 2792 to 2796, and 2798 of this title as chapter

23 and sections 481, 482, 451 to 455, and 456 of this title,

respectively, repealing sections 424, 425, 2791, and 2797 of this

title, enacting provisions set out as notes under this section and

section 193 of this title, and amending provisions set out as a

note under section 501 of Title 44) may be cited as the 'National

Imagery and Mapping Agency Act of 1996'.''

SAVINGS PROVISIONS

Section 1116 of title XI of div. A of Pub. L. 104-201, as

amended by Pub. L. 105-85, div. A, title X, Sec. 1073(c)(8), Nov.

18, 1997, 111 Stat. 1904, provided that:

''(a) Continuing Effect on Legal Documents. - All orders,

determinations, rules, regulations, permits, agreements,

international agreements, grants, contracts, leases, certificates,

licenses, registrations, privileges, and other administrative

actions -

''(1) which have been issued, made, granted, or allowed to

become effective by the President, any Federal agency or official

thereof, or by a court of competent jurisdiction, in connection

with any of the functions which are transferred under this title

(see Short Title of 1996 Amendment note above) or any function

that the National Imagery and Mapping Agency is authorized to

perform by law, and

''(2) which are in effect at the time this title takes effect,

or were final before the effective date of this title (Oct. 1,

1996) and are to become effective on or after the effective date

of this title,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Secretary of Defense, the Director of the

National Imagery and Mapping Agency or other authorized official, a

court of competent jurisdiction, or by operation of law.

''(b) Proceedings Not Affected. - This title and the amendments

made by this title shall not affect any proceedings, including

notices of proposed rulemaking, or any application for any license,

permit, certificate, or financial assistance pending before an

element of the Department of Defense or Central Intelligence Agency

at the time this title takes effect, with respect to function of

that element transferred by section 1111 (set out below), but such

proceedings and applications shall be continued. Orders shall be

issued in such proceedings, appeals shall be taken therefrom, and

payments shall be made pursuant to such orders, as if this title

had not been enacted, and orders issued in any such proceedings

shall continue in effect until modified, terminated, superseded, or

revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law. Nothing in this section

shall be deemed to prohibit the discontinuance or modification of

any such proceeding under the same terms and conditions and to the

same extent that such proceeding could have been discontinued or

modified if this title had not been enacted.''

CONGRESSIONAL FINDINGS

Section 1102 of Pub. L. 104-201 provided that: ''Congress makes

the following findings:

''(1) There is a need within the Department of Defense and the

Intelligence Community of the United States to provide a single

agency focus for the growing number and diverse types of

customers for imagery and geospatial information resources within

the Government, to ensure visibility and accountability for those

resources, and to harness, leverage, and focus rapid

technological developments to serve the imagery, imagery

intelligence, and geospatial information customers.

''(2) There is a need for a single Government agency to solicit

and advocate the needs of that growing and diverse pool of

customers.

''(3) A single combat support agency dedicated to imagery,

imagery intelligence, and geospatial information could act as a

focal point for support of all imagery intelligence and

geospatial information customers, including customers in the

Department of Defense, the Intelligence Community, and related

agencies outside of the Department of Defense.

''(4) Such an agency would best serve the needs of the imagery,

imagery intelligence, and geospatial information customers if it

were organized -

''(A) to carry out its mission responsibilities under the

authority, direction, and control of the Secretary of Defense,

with the advice of the Chairman of the Joint Chiefs of Staff;

and

''(B) to carry out its responsibilities to national

intelligence customers in accordance with policies and

priorities established by the Director of Central

Intelligence.''

ESTABLISHMENT OF NATIONAL IMAGERY AND MAPPING AGENCY; TRANSFER OF

FUNCTIONS

Section 1111 of Pub. L. 104-201 provided that:

''(a) Establishment. - There is hereby established in the

Department of Defense a Defense Agency to be known as the National

Imagery and Mapping Agency.

''(b) Transfer of Functions From Department of Defense Entities.

- The missions and functions of the following elements of the

Department of Defense are transferred to the National Imagery and

Mapping Agency:

''(1) The Defense Mapping Agency.

''(2) The Central Imagery Office.

''(3) Other elements of the Department of Defense as specified

in the classified annex to this Act (see section 1002 of Pub. L.

104-201, set out as a note under section 114 of this title).

''(c) Transfer of Functions From Central Intelligence Agency. -

The missions and functions of the following elements of the Central

Intelligence Agency are transferred to the National Imagery and

Mapping Agency:

''(1) The National Photographic Interpretation Center.

''(2) Other elements of the Central Intelligence Agency as

specified in the classified annex to this Act.

''(d) Preservation of Level and Quality of Imagery Intelligence

Support to All-Source Analysis and Production. - In managing the

establishment of the National Imagery and Mapping Agency, the

Secretary of Defense, in consultation with the Director of Central

Intelligence, shall ensure that imagery intelligence support

provided to all-source analysis and production is in no way

degraded or compromised.''

TRANSFERS OF PERSONNEL AND ASSETS

Section 1113 of Pub. L. 104-201 provided that:

''(a) Personnel and Assets. - Subject to subsections (b) and (c),

the personnel, assets, unobligated balances of appropriations and

authorizations of appropriations, and, to the extent jointly

determined appropriate by the Secretary of Defense and Director of

Central Intelligence, obligated balances of appropriations and

authorizations of appropriations employed, used, held, arising

from, or available in connection with the missions and functions

transferred under section 1111(b) or section 1111(c) (set out

above) are transferred to the National Imagery and Mapping Agency.

Transfers of appropriations from the Central Intelligence Agency

under this subsection shall be made in accordance with section 1531

of title 31, United States Code.

''(b) Determination of CIA Positions To Be Transferred. - Not

earlier than two years after the effective date of this subtitle

(Oct. 1, 1996), the Secretary of Defense and the Director of

Central Intelligence shall determine which, if any, positions and

personnel of the Central Intelligence Agency are to be transferred

to the National Imagery and Mapping Agency. The positions to be

transferred, and the employees serving in such positions, shall be

transferred to the National Imagery and Mapping Agency under terms

and conditions prescribed by the Secretary of Defense and the

Director of Central Intelligence.

''(c) Rule For CIA Imagery Activities Only Partially Transferred.

- If the National Photographic Interpretation Center of the Central

Intelligence Agency or any imagery-related activity of the Central

Intelligence Agency authorized to be performed by the National

Imagery and Mapping Agency is not completely transferred to the

National Imagery and Mapping Agency, the Secretary of Defense and

the Director of Central Intelligence shall -

''(1) jointly determine which, if any, contracts, leases,

property, and records employed, used, held, arising from,

available to, or otherwise relating to such Center or activity is

to be transferred to the National Imagery and Intelligence

Agency; and

''(2) provide by written agreement for the transfer of such

items.''

CREDITABLE CIVILIAN SERVICE FOR CAREER CONDITIONAL EMPLOYEES OF

DEFENSE MAPPING AGENCY

Section 1115 of Pub. L. 104-201 provided that: ''In the case of

an employee of the National Imagery and Mapping Agency who, on the

day before the effective date of this title (Oct. 1, 1996), was an

employee of the Defense Mapping Agency in a career-conditional

status, the continuous service of that employee as an employee of

the National Imagery and Mapping Agency on and after such date

shall be considered creditable service for the purpose of any

determination of the career status of the employee.''

-CROSS-

DEFINITIONS

Section 1117 of Pub. L. 104-201 provided that: ''In this subtitle

(subtitle A (Sec. 1111-1118) of title XI of div. A of Pub. L.

104-201, enacting this chapter, section 424 of this title, and

sections 404e and 404f of Title 50, War and National Defense,

amending sections 193 and 451 to 456 of this title, section 1336 of

Title 44, Public Printing and Documents, and section 403-5 of Title

50, renumbering chapter 22 and sections 2792 to 2796 and 2798 of

this title as chapter 23 and sections 451 to 455 and 456 of this

title, respectively, repealing sections 424 and 425 of this title,

enacting provisions set out as notes under this section, and

amending provisions set out as a note under section 501 of Title

44), the terms 'function', 'imagery', 'imagery intelligence', and

'geospatial information' have the meanings given those terms in

section 467 of title 10, United States Code, as added by section

1112.''

-CITE-

10 USC Sec. 442 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER I - MISSIONS AND AUTHORITY

-HEAD-

Sec. 442. Missions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept.

23, 1996, 110 Stat. 2678.)

-REFTEXT-

REFERENCES IN TEXT

Section 120(a) of the National Security Act of 1947, referred to

in subsec. (d), is classified to section 404e(a) of Title 50, War

and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 404e.

-CITE-

10 USC Sec. 443 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER I - MISSIONS AND AUTHORITY

-HEAD-

Sec. 443. Imagery intelligence and geospatial information: support

for foreign countries

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept.

23, 1996, 110 Stat. 2679; amended Pub. L. 105-85, div. A, title X,

Sec. 1073(a)(7), Nov. 18, 1997, 111 Stat. 1900.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(1). Pub. L. 105-85 substituted semicolon for

period after ''denied funds''.

-CITE-

10 USC Sec. 444 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER I - MISSIONS AND AUTHORITY

-HEAD-

Sec. 444. Support from Central Intelligence Agency

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept.

23, 1996, 110 Stat. 2680.)

-REFTEXT-

REFERENCES IN TEXT

The Central Intelligence Agency Act of 1949, referred to in

subsec. (e)(2)(B), is act June 20, 1949, ch. 227, 63 Stat. 208, as

amended, which is classified generally to section 403a et seq. of

Title 50, War and National Defense. For complete classification of

this Act to the Code, see Short Title note set out under section

403a of Title 50 and Tables.

-CITE-

10 USC Sec. 445 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER I - MISSIONS AND AUTHORITY

-HEAD-

(Sec. 445. Repealed. Pub. L. 105-107, title V, Sec. 503(c), Nov.

20, 1997, 111 Stat. 2262)

-MISC1-

Section, added Pub. L. 104-201, div. A, title XI, Sec.

1112(a)(2), Sept. 23, 1996, 110 Stat. 2680; amended Pub. L. 105-85,

div. A, title X, Sec. 1073(a)(8), Nov. 18, 1997, 111 Stat. 1900,

related to protection of agency identifications and organizational

information.

-CITE-

10 USC SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC

PRODUCTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

.

-HEAD-

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-MISC1-

Sec.

451. Maps, charts, and books.

452. Pilot charts.

453. Sale of maps, charts, and navigational publications: prices;

use of proceeds.

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.

457. Operational files previously maintained by or concerning

activities of National Photographic Interpretation Center:

authority to withhold from public disclosure.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title X, Sec. 1010(b), 1045(b),

Oct. 5, 1999, 113 Stat. 739, 763, substituted ''Sale of maps,

charts, and navigational publications: prices; use of proceeds''

for ''Prices of maps, charts, and navigational publications'' in

item 453 and added item 457.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 442 of this title;

title 14 section 82.

-CITE-

10 USC Sec. 451 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 451. Maps, charts, and books

-STATUTE-

The Secretary of Defense may -

(1) have the National Imagery and Mapping Agency prepare maps,

charts, and nautical books required in navigation and have those

materials published and furnished to navigators; and

(2) buy the plates and copyrights of existing maps, charts,

books on navigation, and sailing directions and instructions.

-SOURCE-

(Added Pub. L. 97-295, Sec. 1(50)(C), Oct. 12, 1982, 96 Stat. 1299,

Sec. 2792; renumbered Sec. 451 and amended Pub. L. 104-201, div.

A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2792 10:7392.

-------------------------------

In the section, the words ''Secretary of Defense'' and ''Defense

Mapping Agency'' are substituted for ''Secretary of the Navy'' and

''United States Naval Oceanographic Office'', respectively, for

consistency with 10:2791. The words ''under such regulations as he

prescribes'' are omitted as unnecessary.

PRIOR PROVISIONS

A prior section 451 was renumbered section 481 of this title.

AMENDMENTS

1996 - Pub. L. 104-201 renumbered section 2792 of this title as

this section and substituted ''National Imagery and Mapping

Agency'' for ''Defense Mapping Agency'' in par. (1).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

-CITE-

10 USC Sec. 452 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 452. Pilot charts

-STATUTE-

(a) There shall be conspicuously printed on pilot charts prepared

in the National Imagery and Mapping Agency the following:

''Prepared from data furnished by the National Imagery and Mapping

Agency of the Department of Defense and by the Department of

Commerce, and published at the National Imagery and Mapping Agency

under the authority of the Secretary of Defense''.

(b) The Secretary of Commerce shall furnish to the National

Imagery and Mapping Agency, as quickly as possible, all

meteorological information received by the Secretary that is

necessary for, and of the character used in, preparing pilot

charts.

-SOURCE-

(Added Pub. L. 97-295, Sec. 1(50)(C), Oct. 12, 1982, 96 Stat. 1299,

Sec. 2793; renumbered Sec. 452 and amended Pub. L. 104-201, div.

A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2793 10:7393.

-------------------------------

The words ''Secretary of Defense'' and ''Defense Mapping Agency''

are substituted for ''Secretary of the Navy'' and ''United States

Naval Oceanographic Office'', respectively, for consistency with

10:2791. The words ''Secretary of Commerce'' are substituted for

''Weather Bureau of the Department of Commerce'' to reflect the

transfer of functions from the Weather Bureau to the Secretary of

Commerce under Reorganization Plan No. 2 of 1965 (eff. July 13,

1965, 79 Stat. 1318). The word ''quickly'' is substituted for

''expeditiously'' for consistency in title 10.

PRIOR PROVISIONS

A prior section 452 was renumbered section 482 of this title.

AMENDMENTS

1996 - Pub. L. 104-201 renumbered section 2793 of this title as

this section and substituted ''National Imagery and Mapping

Agency'' for ''Defense Mapping Agency'' wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

-CITE-

10 USC Sec. 453 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 453. Sale of maps, charts, and navigational publications:

prices; use of proceeds

-STATUTE-

(a) Prices. - All maps, charts, and other publications offered

for sale by the National Imagery and Mapping Agency shall be sold

at prices and under regulations that may be prescribed by the

Secretary of Defense.

(b) Use of Proceeds To Pay Foreign Licensing Fees. - (1) The

Secretary of Defense may pay any NIMA foreign data acquisition fee

out of the proceeds of the sale of maps, charts, and other

publications of the Agency, and those proceeds are hereby made

available for that purpose.

(2) In this subsection, the term ''NIMA foreign data acquisition

fee'' means any licensing or other fee imposed by a foreign country

or international organization for the acquisition or use of data or

products by the National Imagery and Mapping Agency.

-SOURCE-

(Added Pub. L. 97-295, Sec. 1(50)(C), Oct. 12, 1982, 96 Stat. 1299,

Sec. 2794; renumbered Sec. 453 and amended Pub. L. 104-201, div.

A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L.

106-65, div. A, title X, Sec. 1010(a), Oct. 5, 1999, 113 Stat.

739.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2794 10:7394.

-------------------------------

The words ''Secretary of Defense'' and ''Defense Mapping Agency''

are substituted for ''Secretary of the Navy'' and ''United States

Naval Oceanographic Office'', respectively, for consistency with

10:2791. The word ''prescribed'' is substituted for ''determined''

for consistency in title 10. The last sentence, which provided that

money from sales be covered into the Treasury, is omitted because

of 31:3302.

AMENDMENTS

1999 - Pub. L. 106-65 amended section catchline and text

generally. Prior to amendment, text read as follows: ''All maps,

charts, and other publications offered for sale by the National

Imagery and Mapping Agency shall be sold at prices and under

regulations that may be prescribed by the Secretary of Defense.''

1996 - Pub. L. 104-201 renumbered section 2794 of this title as

this section and substituted ''National Imagery and Mapping

Agency'' for ''Defense Mapping Agency''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

-CITE-

10 USC Sec. 454 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 454. Exchange of mapping, charting, and geodetic data with

foreign countries and international organizations

-STATUTE-

The Secretary of Defense may authorize the National Imagery and

Mapping Agency to exchange or furnish mapping, charting, and

geodetic data, supplies and services to a foreign country or

international organization pursuant to an agreement for the

production or exchange of such data.

-SOURCE-

(Added Pub. L. 99-569, title VI, Sec. 601(a), Oct. 27, 1986, 100

Stat. 3202, Sec. 2795; renumbered Sec. 454 and amended Pub. L.

104-201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat.

2682.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 renumbered section 2795 of this title as

this section and substituted ''National Imagery and Mapping

Agency'' for ''Defense Mapping Agency''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

-CITE-

10 USC Sec. 455 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 455. Maps, charts, and geodetic data: public availability;

exceptions

-STATUTE-

(a) The National Imagery and Mapping Agency shall offer for sale

maps and charts at scales of 1:500,000 and smaller, except those

withheld in accordance with subsection (b) or those specifically

authorized under criteria established by Executive order to be kept

secret in the interest of national defense or foreign policy and in

fact properly classified pursuant to such Executive order.

(b)(1) Notwithstanding any other provision of law, the Secretary

of Defense may withhold from public disclosure any geodetic product

in the possession of, or under the control of, the Department of

Defense -

(A) that was obtained or produced, or that contains information

that was provided, pursuant to an international agreement that

restricts disclosure of such product or information to government

officials of the agreeing parties or that restricts use of such

product or information to government purposes only;

(B) that contains information that the Secretary of Defense has

determined in writing would, if disclosed, reveal sources and

methods, or capabilities, used to obtain source material for

production of the geodetic product; or

(C) that contains information that the Director of the National

Imagery and Mapping Agency has determined in writing would, if

disclosed, jeopardize or interfere with ongoing military or

intelligence operations, reveal military operational or

contingency plans, or reveal, jeopardize, or compromise military

or intelligence capabilities.

(2) In this subsection, the term ''geodetic product'' means

imagery, imagery intelligence, or geospatial information.

(c)(1) Regulations to implement this section (including any

amendments to such regulations) shall be published in the Federal

Register for public comment for a period of not less than 30 days

before they take effect.

(2) Regulations under this section shall address the conditions

under which release of geodetic products authorized under

subsection (b) to be withheld from public disclosure would be

appropriate -

(A) in the case of allies of the United States; and

(B) in the case of qualified United States contractors

(including contractors that are small business concerns) who need

such products for use in the performance of contracts with the

United States.

-SOURCE-

(Added Pub. L. 102-88, title V, Sec. 502(a)(1), Aug. 14, 1991, 105

Stat. 435, Sec. 2796; amended Pub. L. 103-359, title V, Sec. 502,

Oct. 14, 1994, 108 Stat. 3430; renumbered Sec. 455 and amended Pub.

L. 104-201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110

Stat. 2682; Pub. L. 105-85, div. A, title IX, Sec. 933(a), (b)(1),

Nov. 18, 1997, 111 Stat. 1866; Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1074), Oct. 30, 2000, 114 Stat. 1654, 1654A-280.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1)(C). Pub. L. 106-398 substituted '', reveal

military operational or contingency plans, or reveal, jeopardize,

or compromise military or intelligence capabilities'' for ''or

reveal military operational or contingency plans''.

1997 - Subsec. (b)(1)(B). Pub. L. 105-85, Sec. 933(a), inserted

'', or capabilities,'' after ''methods''.

Subsec. (b)(2). Pub. L. 105-85, Sec. 933(b)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''In this

subsection, the term 'geodetic product' means any map, chart,

geodetic data, or related product.''

1996 - Pub. L. 104-201 renumbered section 2796 of this title as

this section and substituted ''National Imagery and Mapping

Agency'' for ''Defense Mapping Agency'' in subsecs. (a) and

(b)(1)(C).

1994 - Subsec. (b)(1)(C). Pub. L. 103-359 inserted ''jeopardize

or interfere with ongoing military or intelligence operations or''

after ''disclosed,''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

REGULATIONS

Section 502(b) of Pub. L. 102-88 provided that: ''Regulations to

implement section 2796 (now 455) of title 10, United States Code,

as added by subsection (a), shall be published in the Federal

Register for public comment in accordance with subsection (c) of

that section not later than 90 days after the date of the enactment

of this Act (Aug. 14, 1991).''

-CITE-

10 USC Sec. 456 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 456. Civil actions barred

-STATUTE-

(a) Claims Barred. - No civil action may be brought against the

United States on the basis of the content of a navigational aid

prepared or disseminated by the National Imagery and Mapping

Agency.

(b) Navigational Aids Covered. - Subsection (a) applies with

respect to a navigational aid in the form of a map, a chart, or a

publication and any other form or medium of product or information

in which the National Imagery and Mapping Agency prepares or

disseminates navigational aids.

-SOURCE-

(Added Pub. L. 103-337, div. A, title X, Sec. 1074(b), Oct. 5,

1994, 108 Stat. 2861, Sec. 2798; renumbered Sec. 456 and amended

Pub. L. 104-201, div. A, title XI, Sec. 1112(b), Sept. 23, 1996,

110 Stat. 2682.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 renumbered section 2798 of this title as

this section and substituted ''National Imagery and Mapping

Agency'' for ''Defense Mapping Agency'' wherever appearing.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

this title.

EFFECTIVE DATE

Section 1074(d) of Pub. L. 103-337 provided that: ''Section 2798

(now 456) of title 10, United States Code, as added by subsection

(b), shall take effect on the date of the enactment of this Act

(Oct. 5, 1994) and shall apply with respect to (1) civil actions

brought before such date that are pending adjudication on such

date, and (2) civil actions brought on or after such date.''

-CITE-

10 USC Sec. 457 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER II - MAPS, CHARTS, AND GEODETIC PRODUCTS

-HEAD-

Sec. 457. Operational files previously maintained by or concerning

activities of National Photographic Interpretation Center:

authority to withhold from public disclosure

-STATUTE-

(a) Authority. - The Secretary of Defense may withhold from

public disclosure operational files described in subsection (b) to

the same extent that operational files may be withheld under

section 701 of the National Security Act of 1947 (50 U.S.C. 431).

(b) Covered Operational Files. - The authority under subsection

(a) applies to operational files in the possession of the National

Imagery and Mapping Agency that -

(1) as of September 22, 1996, were maintained by the National

Photographic Interpretation Center; or

(2) concern the activities of the Agency that, as of such date,

were performed by the National Photographic Interpretation

Center.

(c) Operational Files Defined. - In this section, the term

''operational files'' has the meaning given that term in section

701(b) of the National Security Act of 1947 (50 U.S.C. 431(b)).

-SOURCE-

(Added Pub. L. 106-65, div. A, title X, Sec. 1045(a), Oct. 5,

1999, 113 Stat. 762.)

-CITE-

10 USC SUBCHAPTER III - PERSONNEL MANAGEMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER III - PERSONNEL MANAGEMENT

.

-HEAD-

SUBCHAPTER III - PERSONNEL MANAGEMENT

-MISC1-

Sec.

461. Management rights.

462. Financial assistance to certain employees in acquisition of

critical skills.

AMENDMENTS

2001 - Pub. L. 107-108, title V, Sec. 504(b), Dec. 28, 2001, 115

Stat. 1406, added item 462.

-CITE-

10 USC Sec. 461 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER III - PERSONNEL MANAGEMENT

-HEAD-

Sec. 461. Management rights

-STATUTE-

(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 labor 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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept.

23, 1996, 110 Stat. 2681.)

-REFTEXT-

REFERENCES IN TEXT

The National Imagery and Mapping Agency Act of 1996 (title XI of

the National Defense Authorization Act for Fiscal Year 1997),

referred to in subsec. (b), is title XI of Pub. L. 104-201, div.

A, Sept. 23, 1996, 110 Stat. 2675. For complete classification of

this Act to the Code, see Short Title of 1996 Amendment note set

out under section 441 of this title and Tables.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1996, see section 1124 of Pub. L.

104-201, set out as an Effective Date of 1996 Amendment note under

section 193 of this title.

-CITE-

10 USC Sec. 462 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER III - PERSONNEL MANAGEMENT

-HEAD-

Sec. 462. Financial assistance to certain employees in acquisition

of critical skills

-STATUTE-

The Secretary of Defense may establish an undergraduate training

program with respect to civilian employees of the National Imagery

and Mapping 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 Agency Act of

1959 (50 U.S.C. 402 note) for civilian employees of the National

Security Agency.

-SOURCE-

(Added Pub. L. 107-108, title V, Sec. 504(a), Dec. 28, 2001, 115

Stat. 1405.)

-REFTEXT-

REFERENCES IN TEXT

Section 16 of the National Security Agency Act of 1959, referred

to in text, is section 16 of Pub. L. 86-36, which is set out as a

note under section 402 of Title 50, War and National Defense.

-CITE-

10 USC SUBCHAPTER IV - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER IV - DEFINITIONS

.

-HEAD-

SUBCHAPTER IV - DEFINITIONS

-MISC1-

Sec.

467. Definitions.

-CITE-

10 USC Sec. 467 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 22 - NATIONAL IMAGERY AND MAPPING AGENCY

SUBCHAPTER IV - DEFINITIONS

-HEAD-

Sec. 467. Definitions

-STATUTE-

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; and

(B) mapping, charting, geodetic data, and related products.

-SOURCE-

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept.

23, 1996, 110 Stat. 2682; amended Pub. L. 105-85, div. A, title

IX, Sec. 933(b)(2), Nov. 18, 1997, 111 Stat. 1866.)

-MISC1-

AMENDMENTS

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: ''geodetic products, as defined

in section 455(c) of this title.''

EFFECTIVE DATE

Section effective Oct. 1, 1996, see section 1124 of Pub. L.

104-201, set out as an Effective Date of 1996 Amendment note under

section 193 of this title.

-CITE-