443. 444. [445. Imagery intelligence and geospatial information: support for foreign coun tries. Support from Central Intelligence Agency. § 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, de- ; ploy, 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. 4030), 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. Repealed. P.L. 105-107, §503(c), Nov. 20, 1997, 11 Sec. 451. 452. 453. 454. 455. 456. 457. Stat. 2262] SUBCHAPTER II-MAPS, CHARTS, AND GEODETIC Maps, charts, and books. Pilot charts. PRODUCTS 1 Sale of maps, charts, and navigational publications: prices; use of proceedi Maps, charts, and geodetic data: public availability; exceptions. Operational files previously maintained by or concerning activities of Ne § 451. Maps, charts, and books 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 naviga tors; and (2) buy the plates and copyrights of existing maps, charts books on navigation, and sailing directions and instructions. § 452. Pilot charts (a) There shall be conspicuously printed on pilot charts pre pared in the National Imagery and Mapping Agency the following "Prepared from data furnished by the National Imagery and Map ping 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. § 453. Sale of maps, charts, and navigational publications: prices; use of proceeds (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 acquisi tion 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. 1 Section 8101 of the Department of Defense Appropriations Act, 1999 (P.L. 105–262; 112 Stat 2320) provides: SEC. 8101. None of the funds in this Act may be used by the National Imagery and Mappin Agency for mapping, charting, and geodesy activities unless contracts for such services are awarded in accordance with the qualifications based selection process in 40 U.S.C. 541 et seq and 10 U.S.C. 2855: Provided, That such agency may continue to fund existing contracts fe such services for not more than 180 days from the date of the enactment of this Act: Provide further, That an exception shall be provided for such services that are critical to national sect rity after a written notification has been submitted by the Deputy Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate. (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. § 454. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations 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. § 455. Maps, charts, and geodetic data: public availability; exceptions (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 |