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Title 10 — Armed Forces

Part I · Chapter 22 — National Geospatial-Intelligence Agency

§ 455. Maps, charts, and geomatics data: public availability; exceptions

Statutory text

(a)

The National Geospatial-Intelligence 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 geomatics 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 geomatics product; or

(C)

that contains information that the Director of the National Geospatial-Intelligence 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 “geomatics 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 geomatics 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 102–88 title V § 502(a)(1) · 105 Stat. 429

    Enacted · 10 U.S.C. § 455

    Added Pub. L. 102–88, title V, § 502(a)(1), Aug. 14, 1991, 105 Stat. 435, § 2796

    Source evidence

    Code source credit
    Added Pub. L. 102–88, title V, § 502(a)(1), Aug. 14, 1991, 105 Stat. 435, § 2796

    Enacted provision · exact public law section
    (1) Chapter 167 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2796. Maps, charts, and geodetic data: public availability; exceptions “(a) The Defense 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 used to obtain source material for production of the geodetic product; or “(C) that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, reveal military operational or contingency plans. “(2) In this subsection, the term ‘geodetic product means any map, chart, geodetic data, or related product. “(c) (1) Regulations to implement this section (including any Regulations. Federal Register, publication. 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.”.

  2. Intelligence Authorization Act for Fiscal Year 1995

    Pub. L. 103–359 title V § 502 · 108 Stat. 3423

    Inserted · 10 U.S.C. § 455(b)(1)(C)

    Pub. L. 103–359 inserted “jeopardize or interfere with ongoing military or intelligence operations or” after “disclosed,”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 103–359 inserted “jeopardize or interfere with ongoing military or intelligence operations or” after “disclosed,”.

    Enacted provision · exact public law section
    SEC. 502. EXCEPTION TO PUBLIC AVAILABILITY OF CERTAIN DEPARTMENT OF DEFENSE MAPS, CHARTS, AND GEODETIC DATA Section 2796(b)(1) of title 10, United States Code, is amended by inserting “jeopardize or interfere with ongoing military or intelligence operations or” in subparagraph (C) after “disclosed,”.

  3. National Imagery and Mapping Agency Act of 1996

    Pub. L. 104–201 div. A title XI § 1112(b) · 110 Stat. 2422

    Substituted · 10 U.S.C. § 455

    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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (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 transferred 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”.

    Effective date note
    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.

  4. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 933(a) · 111 Stat. 1629

    Inserted · 10 U.S.C. § 455(b)(1)(B)

    Pub. L. 105–85, § 933(a), inserted “, or capabilities,” after “methods”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 105–85, § 933(a), inserted “, or capabilities,” after “methods”.

    Enacted provision · exact public law section
    (a) Protection of Information on Capabilities.— Paragraph (1)(B) of section 455(b) of title 10, United States Code, is amended by inserting “, or capabilities,” after “methods”.

  5. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 § 933(b)(1) · 111 Stat. 1629

    Amended · 10 U.S.C. § 455(b)(2)

    Pub. L. 105–85, § 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.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–85, § 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.”

    Enacted provision · exact public law section
    (1) Paragraph (2) of such section is amended to read as follows: “(2) In this subsection, the term ‘geodetic product’ means imagery, imagery intelligence, or geospatial information.”.

  6. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 455(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  7. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title IX § 921(d)(2)(A) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 455(a); 10 U.S.C. § 455(b)(1)(C)

    Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

    Enacted provision · exact public law section
    (A) 10 USC 441–444, 451–457, 461, 462. by striking “National Imagery and Mapping Agency” each place it appears (other than in section 461(b)) and inserting “National Geospatial-Intelligence Agency”;

  8. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVI § 1621(d)(1) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 455

    Pub. L. 116–283 substituted “geomatics” for “geodetic” in section catchline and wherever appearing in text

    Source evidence

    Code amendment note
    Pub. L. 116–283 substituted “geomatics” for “geodetic” in section catchline and wherever appearing in text.

    Enacted provision · exact public law section
    (1) In general.— Section 455 of title 10, United States Code, is amended— (A) in the heading, by striking “geodetic” and inserting “geomatics”; and (B) by striking “geodetic” and inserting “geomatics” each place it appears.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Amendments1994–2021 · 6 rounds

2021

Pub. L. 116–283 substituted “geomatics” for “geodetic” in section catchline and wherever appearing in text.

2003

Subsecs. (a), (b)(1)(C). Pub. L. 108–136 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

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, § 933(a), inserted “, or capabilities,” after “methods”.

Subsec. (b)(2). Pub. L. 105–85, § 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,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective , see section 1124 of Pub. L. 104–201, set out as a note under section 193 of this title.

Regulations

Pub. L. 102–88, title V, § 502(b), , 105 Stat. 436, directed that regulations to implement section 2796 (now 455) of this title be published in the Federal Register for public comment in accordance with subsec. (c) of that section not later than 90 days after .

Credits

1991–2021 · 7 acts
  1. 1991Added Pub. L. 102–88, title V, § 502(a)(1), , 105 Stat. 435, § 2796
  2. 1994amended Pub. L. 103–359, title V, § 502, , 108 Stat. 3430
  3. 1996renumbered § 455 and amended Pub. L. 104–201, div. A, title XI, § 1112(b), , 110 Stat. 2682
  4. 1997Pub. L. 105–85, div. A, title IX, § 933(a), (b)(1), , 111 Stat. 1866
  5. 2000Pub. L. 106–398, § 1 [[div. A], title X, § 1074], , 114 Stat. 1654, 1654A–280
  6. 2003Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), , 117 Stat. 1568
  7. 2021Pub. L. 116–283, div. A, title XVI, § 1621(d)(1), , 134 Stat. 4053.
Show as published

(Added Pub. L. 102–88, title V, § 502(a)(1), , 105 Stat. 435, § 2796; amended Pub. L. 103–359, title V, § 502, , 108 Stat. 3430; renumbered § 455 and amended Pub. L. 104–201, div. A, title XI, § 1112(b), , 110 Stat. 2682; Pub. L. 105–85, div. A, title IX, § 933(a), (b)(1), , 111 Stat. 1866; Pub. L. 106–398, § 1 [[div. A], title X, § 1074], , 114 Stat. 1654, 1654A–280; Pub. L. 108–136, div. A, title IX, § 921(d)(2)(A), , 117 Stat. 1568; Pub. L. 116–283, div. A, title XVI, § 1621(d)(1), , 134 Stat. 4053.)

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