
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC441]

 
                         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
 
Sec. 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.

(Added Pub. L. 104-201, div. A, title XI, Sec. 1112(a)(2), Sept. 23, 
1996, 110 Stat. 2678.)


                             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.''


                               Definitions

    Section 1117 of Pub. L. 104-201 provided that: ``In this subtitle 
[subtitle A (Secs. 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.''
