MEMORANDUM OF AGREEMENT BETWEEN THE SECRETARY OF DEFENSE AND THE DIRECTOR OF CE

Created: 10/16/1998

OCR scan of the original document, errors are possible

of Agreement

The Secretary of Defense

Director of Central Intelligence

National Imagery and Mapping Agency 8

9 A. APPUCABlXITY

Memorandum of Agreement (MOA) between the Sewetary of Defense

(Secretary) and the Director of Central Intelligence (DCI) implements those provisions of

the National Imagery and Mapping Agency Aa6 (Title XI of the National Defense

Authorization Act fox Fiscalublic,

crcinaftcr the "NTMA Act) relating to the transfer of CIA personnel and

assets for activities being assigned to NTMA and to the provision of CIA support to tbe

X1MA; additionally, this MOA addresses various mission and funcnop matters. It is not

intended to address and resolve all matters relating to imagery responsibilities and

implememarion of the NTMA Act, or to delegate or otherwise affect the authorities or

responsibilities of the Secretary or the DCI unless addressed sr>ecificAlry in the MOA. All

references herein to the Secretary, the DCL the Director, NTMA, or the Exeartrve Director,

CIA, are intended to include any persons designated to act for themiven purpose. 22

STATUS OF CIA POSITIONS,SSETS

CIAersonnel

Not earlier than two years after NTMA establuhment, the DCI and the

Secretary shall determine which, if any, CIA positions and personnel within the CLA

program and budget are to be transferred to the NTMA, under terms and conditions

prescribed by the Secretary and the DCI.

Pending thai dctamination, all CIA personnel performing activities that

are within the missions and functions transferred to the NTMA shall remain CIA employees.

The funds allocated for their salaries and benefits, and the positions for such personnel, shall

remain within the CIA Program of the National Foreign Intelligencentil

otherwise deterrnined jointly by the DCI and Secretary, vacancies to these positions shall

be filled by the CIA in consultation with MIMA ClA personnel detailed or assigned to

NTMA shall continue to receive CIA entitlements and benefits, except as otherwise

determined by agreement between the Executive Director, CIA and the Director, NTMA

The Director, NTMA, and the Executive Director, CIA. shall develop a

proposal topwsuaot to3 of the NT^dAAaie status of CIA

positions and personnel in NTMA This proposal shall be presented through the appropriate

channels to the Secretary and the DCI for their review and decision on or after October 1,

ut no later thanays from the effective date of this MOA

All CIA personnel within the provision of paragraphbove, who are

assigned to NTMA shall work under and accept day-to-day operational direction and

control from the Director, NTMA Operational direction and control includes decisions on

placement of these CIA personnel As necessary, details, assignments, and other personnel

matters, including performance evaluations and career development, related to these

employees shall be addressed by the Executive Director, CLA, and the Director, NTMA

The CIA shall not diminish the number of positions, and funds sufficient to

pay personnel occupying those positions, beyond any previously mandated downsizing

unless additional downsizing for CIA is mandated by the Executive Branch or Congress or

unless agreed to between the Director, NTMA, and the Executive Director, CIA

The CIA may nominate candidates for management positions throughout the

NTMA simcture, but decisions on assignment or detail of personnel to NTMA management

positions are reserved to the Director, NTMA except as dnennined jointly by the Executive

Director, CIA and the Director, NTMA

Assignments of personnel by theto provideupport

to dana^stine operations of the CIA shall be made only at the request and with the

concurrence of the Executive Director, CLA NTMA personnel assigned to provide direct

support to clandestine operations of the CLA shall meet security requirements approved by

the CIA Deputy Director for Operations.

ssets

The Director, NTMA, and the Executive Director, CIA may enter into such

admiriistrativc agreements as may be necessary for the transfer of property, contracts,

leases, and other assets pursuant toc) of the NTMA Act9

RECORDS AND ARCHIVAL FUNCTIONS

Archival Functions

The NTMA shall serve as the central repository for those imagery and

imagery-related records and other materials, data and information that transfer to NTMA

under authority provided by the NTMA Acthe Director, NTMA, in support of 3$ the national security objectives of the United States, shall make this repository available to

support activities of all Intelligence Common;ty (IC) and DoD components, aad other

appropriate dements of tbe US Government

Wiih respect to elements of the US Government other than DoD and CIA

that have records, other materials, data or information that are imagery-related and for

epository is being sought, the NIMA shall be prepared to serve as the repository

undo such terms and conditions as are mutually agreed to between the NIMA and the

affected agencyfies).

Records

as provided below, all records of tbe former COMIREX held by the

Central Imagery Office, records of the former NPIC. records of theomponent

whose functions transferred to NIMA, and non-CIA records generated by CIA "affiliates'1

assigned to NIMA are NIMA records subject to applicable laws and regulations relating to

the records maintenance, control, review and disposition. Certain CIA designated

operational files, and personnel and administrative files that record the conduct of internal

CIA business, shall remain CIA files under CIA records control Such records shall be more

fully describedeparate memorandum agreed to by the records custodians and tbe

General Counsels of the CIA and NIMA

aintenance of Records

As appropriate in light of the location of the records and other relevant

considerations, the Director, NIMA and the Executive Director. CIA. shall continue

discussions regarding records processing issues, the categorization of specific records and

other record issues of common cooceni (records rnaruu^emcnt, control, drd ossification,

FOIA and non-FOIA review and release procedures) related to CIA and NIMA records.

The parties recognize that the rccoouneodatioos resulting fromialogue may require

adjustment in resource allocations. Each organization will be responsible for providing tbe

funding and penonnd necessary to effectively implement this agreement. 27

NATIONAL MISSION AND PERFORMANCE REVIEW

accordanced) of the National Security Acts

amended, there willoint Secretary/DCI national mission review and evaluation of tbe

capabilities of the NIMA to accomplish its assigned national missions, including support to

the all-source analysis and production process and clandestine operations, and its

performance and responsiveness in doing so. The resulting evaluation and report, at a

minimum, shall address;

- Those issues requested by the Secretary, the DCI, or the Chairman of the Joint

of Staff.

OH

Tbe availability and coiuinued improvemem of imagery mieliigeoce jupport for

analysis and production.

The ability of ihe Unrtco Stales Imagery and Geospatia! IrJormanon System

(US1GS) to support national customers and the IC.

Wrthin ISO days from the effective date of this MOA. the DCI and the Secretary shall

review and approve the policies, procedures, and schedule applicable to this review. 7

IC FUNCTIONAL MANAGER

Director. NTMA, shall serve as the IC Functional Manager within the NFTP. on

behalf of the DCI, for investment activities related to imagery, imagery intelligence and

geospatia] information, which includend procijrernenl imuatrves The Director.

NTMA, shall:

Review and coordinate on NFD* investment activities related to imagery.

intelligence and geospatia! information.

Review all NFTP imagery-related fiscal and woriryear resources. Program

Objective Memoranda aod budget submissions to affect resource allocation decisions and

assure compliance with technical architecture, ccruipmcnl, and dau and related standards

and policy Provide recornrrjeridations to the Secretary and the DCI.

Provide program planning and resour ce guidance to the NFIP program managers

inputs to the DCfs Capabilities Programming and Budgeting System of the NFTP.

Prepare andompendium of all ongoing and planned NFIP imagiy,

intelligence, and geospatial information activities and resources

La this capacity, tbe Director, NIMA, shall prepare program and budget

sub missions in accordance with procedures defined by the DCI for NFIP submissions.

NTMA will nuurttain records related to the NFTP programs as required by the DCI 26

ALL-SOURCE ANALYSIS AND PRODUCTION

Director, NTMA, in timely consultation with the Executive Director, CIA, shall

ensure that imagery intelligence support to CIA all-source analysis and production is in no

way degraded or compromised. Consultation between the Director. NTMA, and the

Executive Director, CIA, shall occur on an on-going basis. 32

QUALIFICATIONS AND TRAINING

Director, NTMA, shall develop and implement guidance and standards for

and establish minimum qualifications requirements for imagery analysts, and

personnel performing imagery-related uuking, processing, exploitation and dissemination

functions, or functional management functions within the IC.

3

COLLECTION TASKING

accordance with the National Security Acts amended, the NIMA Act

nd DCI policies and procedures, the Director, NIMA shall develop, recommend.

and implement approved policy and procedure for tasking national imagery collection

systems- To ensure effective management of the collection tasking process, under DCI

policy, procedure, requirements, and priorities governing the collection and protection of

national intelligence and tbe tasking of national imagery collection assets, the Director,

NIMA shall.

Manage requirements for the collection tasking, processing, production,

and dissemination of imagery.

Support the imagery requirements of the Department of Stale and other non-

DoD departments and agencies in accordance withof the National Security Act of

s amended.

Implement decisions of the DCI or the DCI's designee or. in accordance with

National Security Decision, "Transfer of National Intelligence Collection

Tasking Authority" (datednd the implementing "Memorandum of

Agreement Between tbe Director of Central Intelligence and the Secretary of Defense"

(dated, the Secretary or the Secretary's designee, for the following:

Approval of collection requirements levied on national imagery collection

b. Determination of priorities for such requirements,

c. Resolution of conflicts in such26

In carrying out responsibilities assigned in this MOA the Director, NIMA, shall

keep the Secretary and the DCI fully and currently informed, as appropriate, on NIMA

acriviries.

The Director. NTMA shall enter into such agreements with tbe Executive

Duector, CIA, as may be necesaary to clarify administrative arrangements available for use

by CIA personnel assigned to NIMA for matters such as EEO, grievance, and alternative

dispute resolution processes.

The Director, NTMA, and the Executive Director, CIA, shall assure that NTMA

participates in the OA career board processes forrsonnc! assigned, detailed or on

rotation to NIMA

The CIA may provide administrative, contract, security and other support to

NIMA pursuant to, under terms and conditions agreed to between the

Executive Director, CIA, or designee and the Secretary's designee.

7

MODIFICATION AND TERMINATION

MOA will take effect on the later date of the signatures below. The panics

shall review this MOA no less often than every two years and modify it as cucumstances

warrant Consistent with applicable law and any Presidential guidance, this MOA may be

terminated by written Agreement of the parties. 13

S. Grx^gerTTenet

ofof Central tadligence

8

2

ndio-end Architectures: The means by which imagery-

reined irjfonnatioo flows from tne collectors and producers to the customers. The term

includes guiding principles, design concepts, standards, capabilities, customer feedback, and

relationships of imagery-related organizations and systems. 7

GJobal Gcospaual Information: Worldwide, precise, spatially co-rrderenced information

about the earth, arrangedoherent structure to support measurement, mapping

visualization, monitoring, modeling, terrain evaluation, and spatial reasoning applications.

It is data defining characteristics, properties, and location of physical and cultural

phenomenon associated with the earth's natural and roan-made environment, such as

information generally found on maps and charts, spatially controlled imagery, data produced

and maintained in ADP format, and dau exploitedeographic Information System.

GGI includes uadrdonal mapping, charting, and geodesy (MC&G) data as well as imagery

and other sources of spatial information and those services which are made available to the

warfighter to provide dominant battlefield awareness 18

Gcospatial InfoiTir*>inP Infrastructure: Tbe collection of technology, poliaes, standards,

capabilities, services, and doctrine necessary to produce, maintain, ftiwrpinaro and exploit

geospatial information. It includes the links between global gcospatial information and

sophisticated geographic mforrnation iyttem technologies which allow desktop import and

export of gcospatial data sets; which assure interactive and reliable data manipulation,

update, and value adding; and which encourage dissemination through use of electronic

gateways and networks. 26

Imagery Intelligence and Geospatjal baformatjpp; Have the same meaning as in

.

29

Intelligence Community: Has the same meaning as in Executivendof the

National Security Acts amended. 32

8

United States Imagery and Geospatia! Information System fUSIGSV The end to end

architecture and systems designed to meet both national and defense requirements for

imagery, imagery intelligence and gcospatial mfonnaiion It includes the functional

areas of requirements and needs management, collection, processing, exploitation,

production and dissemination

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