MISSIONS AND AUTHORITY.

SEC. 1112. MISSIONS AND AUTHORITY. (a) Agency Charter.— Part I of subtitle A of title 10, United States Code, is amended— 110 STAT. 2678 (1) by redesignating chapter 22 as chapter 23; and (2) by inserting after chapter 21 the following new chapter 22: “CHAPTER 22— NATIONAL IMAGERY AND MAPPING AGENCY “Subchapter Sec “I. Missions and Authority 441 “11. Maps, Charts, and Geodetic Products 451 “III. Personnel Management 461 “IV. Definitions 467 “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. 110 STAT. 2679 “(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. 110 STAT. 2680 “§ 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 “(a) Unauthorized Use of Agency Name, Initials, or Seal.— (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. 110 STAT. 2681 “(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 110 STAT. 2682to 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.”. (b) Transfer of Defense Mapping Agency Provisions.— (1) Sections 2792, 2793, 2794, 2795, 2796, and 2798 of title 10, United States Code, are transferred to subchapter II of chapter 22 of such title, as added by subsection (a), inserted in that sequence in such subchapter following the table of sections, and redesignated in accordance with the following table: Section transferred Section as redesignated 2792 451 2793 452 2794 453 2795 454 2796 455 2798 456 (2) Sections 451(1), 452, 453, 454, and 455 (in subsections (a) and (b)(1)(C)), and 456 of title 10, United States Code, as 110 STAT. 2683transferred and redesignated by paragraph (1), are amended by striking out “Defense Mapping Agency” each place it appears and inserting in lieu thereof “National Imagery and Mapping Agency”. (c) Oversight of Agency as a Combat Support Agency.— Section 193 of title 10, United States Code, is amended— (1) in subsection (d)— (A) by striking out the caption and inserting in lieu thereof “Review of National Security Agency and National Imagery and Mapping Agency.—”; (B) in paragraph (1)— (i) by inserting “and the National Imagery and Mapping Agency” after “the National Security Agency”; and (ii) by striking out “the Agency” and inserting in lieu thereof “that the agencies”; and (C) in paragraph (2), by inserting “and the National Imagery and Mapping Agency” after “the National Security Agency”; (2) in subsection (e)— (A) by striking out “DIA and NSA” in the caption and inserting in lieu thereof the following: “DIA, NSA, and NIMA”; and (B) by striking out “and the National Security Agency” and inserting in lieu thereof “, the National Security Agency, and the National Imagery and Mapping Agency”; and (3) in subsection (f), by striking out paragraph (4) and inserting in lieu thereof the following: “(4) The National Imagery and Mapping Agency.”. s (d) Consolidation and Standardization of Exemptions From Disclosure of Organizational and Personnel Information.— Chapter 21 of title 10, United States Code, is amended by striking out sections 424 and 425 and inserting in lieu thereof the following: “§424. Disclosure of organizational and personnel information: exemption for Defense Intelligence Agency, National Reconnaissance Office, and National Imagery and Mapping Agency “(a) Exemption From Disclosure.— Except as required by the President or as provided in subsection (c), no provision of law shall be construed to require the disclosure of— “(1) the organization or any function of an organization of the Department of Defense named in subsection (b); or “(2) the number of persons employed by or assigned or detailed to any such organization or the name, official title, occupational series, grade, or salary of any such person. “(b) Covered Organizations.— This section applies to the following organizations of the Department of Defense: “(1) The Defense Intelligence Agency. “(2) The National Reconnaissance Office. “(3) The National Imagery and Mapping Agency. “(c) Provision of Information to Congress.— Subsection (a) does not apply with respect to the provision of information to Congress.”. (e) Special Printing Authority for Agency.— (1) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 110 STAT. 2684(Public Law 102–392; 44 U.S.C. 501 note), is amended by inserting “National Imagery and Mapping Agency,” after “Defense Intelligence Agency,” (2) Section 1336 of title 44, United States Code, is amended— (A) by striking out “Secretary of the Navy” and inserting in lieu thereof “Director of the National Imagery and Mapping Agency”; and (B) by striking out “United States Naval Oceanographic Office” and inserting in lieu thereof “National Imagery and Mapping Agency”.