[USC02] 10 USC Subtitle A, PART I, CHAPTER 22, SUBCHAPTER II: MAPS, CHARTS, AND GEODETIC PRODUCTS
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10 USC Subtitle A, PART I, CHAPTER 22, SUBCHAPTER II: MAPS, CHARTS, AND GEODETIC PRODUCTS
From Title 10—ARMED FORCESSubtitle A—General Military LawPART I—ORGANIZATION AND GENERAL MILITARY POWERSCHAPTER 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

SUBCHAPTER II—MAPS, CHARTS, AND GEODETIC PRODUCTS

Sec.
451.
Maps, charts, and books.
452.
Pilot charts.
453.
Sale of maps, charts, and navigational publications: prices; use of proceeds.
454.
Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions.
455.
Maps, charts, and geodetic data: public availability; exceptions.
456.
Civil actions barred.
457.
Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from public disclosure.

        

Amendments

2011Pub. L. 112–81, div. A, title IX, §923(b)(2), Dec. 31, 2011, 125 Stat. 1539, added item 454 and struck out former item 454 "Exchange of mapping, charting, and geodetic data with foreign countries and international organizations".

1999Pub. L. 106–65, div. A, title X, §§1010(b), 1045(b), Oct. 5, 1999, 113 Stat. 739, 763, substituted "Sale of maps, charts, and navigational publications: prices; use of proceeds" for "Prices of maps, charts, and navigational publications" in item 453 and added item 457.

§451. Maps, charts, and books

The Secretary of Defense may—

(1) have the National Geospatial-Intelligence Agency prepare maps, charts, and nautical books required in navigation and have those materials published and furnished to navigators; and

(2) buy the plates and copyrights of existing maps, charts, books on navigation, and sailing directions and instructions.

(Added Pub. L. 97–295, §1(50)(C), Oct. 12, 1982, 96 Stat. 1299, §2792; renumbered §451 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
2792 10:7392.

In the section, the words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The words "under such regulations as he prescribes" are omitted as unnecessary.

Prior Provisions

A prior section 451 was renumbered section 481 of this title.

Amendments

2003—Par. (1). Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency".

1996Pub. L. 104–201 renumbered section 2792 of this title as this section and substituted "National Imagery and Mapping Agency" for "Defense Mapping Agency" in par. (1).

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.

§452. Pilot charts

(a) There shall be conspicuously printed on pilot charts prepared in the National Geospatial-Intelligence Agency the following: "Prepared from data furnished by the National Geospatial-Intelligence Agency of the Department of Defense and by the Department of Commerce, and published at the National Geospatial-Intelligence Agency under the authority of the Secretary of Defense".

(b) The Secretary of Commerce shall furnish to the National Geospatial-Intelligence Agency, as quickly as possible, all meteorological information received by the Secretary that is necessary for, and of the character used in, preparing pilot charts.

(Added Pub. L. 97–295, §1(50)(C), Oct. 12, 1982, 96 Stat. 1299, §2793; renumbered §452 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
2793 10:7393.

The words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The words "Secretary of Commerce" are substituted for "Weather Bureau of the Department of Commerce" to reflect the transfer of functions from the Weather Bureau to the Secretary of Commerce under Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The word "quickly" is substituted for "expeditiously" for consistency in title 10.

Prior Provisions

A prior section 452 was renumbered section 482 of this title.

Amendments

2003Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency" wherever appearing.

1996Pub. L. 104–201 renumbered section 2793 of this title as this section and substituted "National Imagery and Mapping Agency" for "Defense Mapping Agency" wherever appearing.

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.

§453. Sale of maps, charts, and navigational publications: prices; use of proceeds

(a) Prices.—All maps, charts, and other publications offered for sale by the National Geospatial-Intelligence Agency shall be sold at prices and under regulations that may be prescribed by the Secretary of Defense.

(b) Use of Proceeds To Pay Foreign Licensing Fees.—(1) The Secretary of Defense may pay any NGA foreign data acquisition fee out of the proceeds of the sale of maps, charts, and other publications of the Agency, and those proceeds are hereby made available for that purpose.

(2) In this subsection, the term "NGA foreign data acquisition fee" means any licensing or other fee imposed by a foreign country or international organization for the acquisition or use of data or products by the National Geospatial-Intelligence Agency.

(Added Pub. L. 97–295, §1(50)(C), Oct. 12, 1982, 96 Stat. 1299, §2794; renumbered §453 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 106–65, div. A, title X, §1010(a), Oct. 5, 1999, 113 Stat. 739; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), (B), Nov. 24, 2003, 117 Stat. 1568.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
2794 10:7394.

The words "Secretary of Defense" and "Defense Mapping Agency" are substituted for "Secretary of the Navy" and "United States Naval Oceanographic Office", respectively, for consistency with 10:2791. The word "prescribed" is substituted for "determined" for consistency in title 10. The last sentence, which provided that money from sales be covered into the Treasury, is omitted because of 31:3302.

Amendments

2003—Subsec. (a). Pub. L. 108–136, §921(d)(2)(A), substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency".

Subsec. (b)(1). Pub. L. 108–136, §921(d)(2)(B), substituted "NGA" for "NIMA".

Subsec. (b)(2). Pub. L. 108–136, §921(d)(2)(A), (B), substituted "NGA" for "NIMA" and "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency".

1999Pub. L. 106–65 amended section catchline and text generally. Prior to amendment, text read as follows: "All maps, charts, and other publications offered for sale by the National Imagery and Mapping Agency shall be sold at prices and under regulations that may be prescribed by the Secretary of Defense."

1996Pub. L. 104–201 renumbered section 2794 of this title as this section and substituted "National Imagery and Mapping Agency" for "Defense Mapping Agency".

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.

§454. Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions

(a) Foreign Countries and International Organizations.—The Secretary of Defense may authorize the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services to a foreign country or international organization pursuant to an agreement for the production or exchange of such data.

(b) Nongovernmental Organizations and Academic Institutions.—The Secretary may authorize the National Geospatial-Intelligence Agency to exchange or furnish mapping, charting, and geodetic data, supplies, and services relating to areas outside of the United States to a nongovernmental organization or an academic institution engaged in geospatial information research or production of such areas pursuant to an agreement for the production or exchange of such data.

(Added Pub. L. 99–569, title VI, §601(a), Oct. 27, 1986, 100 Stat. 3202, §2795; renumbered §454 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 112–81, div. A, title IX, §923(a), (b)(1), Dec. 31, 2011, 125 Stat. 1539.)

Amendments

2011Pub. L. 112–81, §923(b)(1), amended section catchline generally, substituting "Exchange of mapping, charting, and geodetic data with foreign countries, international organizations, nongovernmental organizations, and academic institutions" for "Exchange of mapping, charting, and geodetic data with foreign countries and international organizations".

Pub. L. 112–81, §923(a), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

2003Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency".

1996Pub. L. 104–201 renumbered section 2795 of this title as this section and substituted "National Imagery and Mapping Agency" for "Defense Mapping Agency".

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.

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

(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 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 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 "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, §502(a)(1), Aug. 14, 1991, 105 Stat. 435, §2796; amended Pub. L. 103–359, title V, §502, Oct. 14, 1994, 108 Stat. 3430; renumbered §455 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 105–85, div. A, title IX, §933(a), (b)(1), Nov. 18, 1997, 111 Stat. 1866; Pub. L. 106–398, §1 [[div. A], title X, §1074], Oct. 30, 2000, 114 Stat. 1654, 1654A-280; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.)

Amendments

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."

1996Pub. 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

Pub. L. 102–88, title V, §502(b), Aug. 14, 1991, 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 Aug. 14, 1991.

§456. Civil actions barred

(a) Claims Barred.—No civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by the National Geospatial-Intelligence Agency.

(b) Navigational Aids Covered.—Subsection (a) applies with respect to a navigational aid in the form of a map, a chart, or a publication and any other form or medium of product or information in which the National Geospatial-Intelligence Agency prepares or disseminates navigational aids.

(Added Pub. L. 103–337, div. A, title X, §1074(b), Oct. 5, 1994, 108 Stat. 2861, §2798; renumbered §456 and amended Pub. L. 104–201, div. A, title XI, §1112(b), Sept. 23, 1996, 110 Stat. 2682; Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568.)

Amendments

2003Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency" wherever appearing.

1996Pub. L. 104–201 renumbered section 2798 of this title as this section and substituted "National Imagery and Mapping Agency" for "Defense Mapping Agency" wherever appearing.

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.

Effective Date

Pub. L. 103–337, div. A, title X, §1074(d), Oct. 5, 1994, 108 Stat. 2861, provided that: "Section 2798 [now 456] of title 10, United States Code, as added by subsection (b), shall take effect on the date of the enactment of this Act [Oct. 5, 1994] and shall apply with respect to (1) civil actions brought before such date that are pending adjudication on such date, and (2) civil actions brought on or after such date."

§457. Operational files previously maintained by or concerning activities of National Photographic Interpretation Center: authority to withhold from public disclosure

(a) Authority.—The Secretary of Defense may withhold from public disclosure operational files described in subsection (b) to the same extent that operational files may be withheld under section 701 of the National Security Act of 1947 (50 U.S.C. 3141).

(b) Covered Operational Files.—The authority under subsection (a) applies to operational files in the possession of the National Geospatial-Intelligence Agency that—

(1) as of September 22, 1996, were maintained by the National Photographic Interpretation Center; or

(2) concern the activities of the Agency that, as of such date, were performed by the National Photographic Interpretation Center.


(c) Operational Files Defined.—In this section, the term "operational files" has the meaning given that term in section 701(b) of the National Security Act of 1947 (50 U.S.C. 3141(b)).

(Added Pub. L. 106–65, div. A, title X, §1045(a), Oct. 5, 1999, 113 Stat. 762; amended Pub. L. 108–136, div. A, title IX, §921(d)(2)(A), Nov. 24, 2003, 117 Stat. 1568; Pub. L. 113–291, div. A, title X, §1071(c)(8), Dec. 19, 2014, 128 Stat. 3509.)

Amendments

2014—Subsec. (a). Pub. L. 113–291, §1071(c)(8)(A), substituted "(50 U.S.C. 3141)" for "(50 U.S.C. 431)".

Subsec. (c). Pub. L. 113–291, §1071(c)(8)(B), substituted "(50 U.S.C. 3141(b))" for "(50 U.S.C. 431(b))".

2003—Subsec. (b). Pub. L. 108–136 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency" in introductory provisions.