
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: 10USC455]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
             CHAPTER 22--NATIONAL IMAGERY AND MAPPING AGENCY
 
           SUBCHAPTER II--MAPS, CHARTS, AND GEODETIC PRODUCTS
 
Sec. 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 
    such products for use in the performance of contracts with the 
    United States.

(Added Pub. L. 102-88, title V, Sec. 502(a)(1), Aug. 14, 1991, 105 Stat. 
435, Sec. 2796; amended Pub. L. 103-359, title V, Sec. 502, Oct. 14, 
1994, 108 Stat. 3430; renumbered Sec. 455 and amended Pub. L. 104-201, 
div. A, title XI, Sec. 1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 
105-85, div. A, title IX, Sec. 933(a), (b)(1), Nov. 18, 1997, 111 Stat. 
1866; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1074], Oct. 30, 
2000, 114 Stat. 1654, 1654A-280.)


                               Amendments

    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, Sec. 933(a), inserted ``, 
or capabilities,'' after ``methods''.
    Subsec. (b)(2). Pub. L. 105-85, Sec. 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,''.


                    Effective Date of 1996 Amendment

    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.


                               Regulations

    Section 502(b) of Pub. L. 102-88 provided that: ``Regulations to 
implement section 2796 [now 455] of title 10, United States Code, as 
added by subsection (a), shall be published in the Federal Register for 
public comment in accordance with subsection (c) of that section not 
later than 90 days after the date of the enactment of this Act [Aug. 14, 
1991].''
