118 HR 7632 IH: To amend title 51, United States Code, to exempt from disclosure by NASA certain technical data, and for other purposes. U.S. House of Representatives 2024-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 7632IN THE HOUSE OF REPRESENTATIVESMarch 12, 2024Mr. Jackson of North Carolina introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo amend title 51, United States Code, to exempt from disclosure by NASA certain technical data, and for other purposes.

1.

Exemption from disclosure by NASA of certain technical data

(a)

In general

Section 20131 of title 51, United States Code, is amended—(1)by redesignating subsection (c) as subsection (d); and(2)by inserting after subsection (b) the following new subsection:(c)

Authority To protect certain technical data from public disclosure

(1)

In general

Notwithstanding any other provision of law, the Administrator may, pursuant to section 552 of title 5 (commonly referred to as the Freedom of Information Act), withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration, if such data may not be exported lawfully outside the United States without an approval, authorization, or license under provisions of the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.).(2)

Definition

In this section, the term technical data means any blueprints, drawings, photographs, plans, instructions, computer software, or documentation, or other technical information that can be used, or be adapted for use, to design, develop, engineer, produce, manufacture, assemble, operate, repair, test, maintain, overhaul, modify, or reproduce any aeronautical or space items, including subsystems, components, or parts therefor, or technology concerning such items relating to aeronautical or space activities.(3)

Consideration

For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute for purposes of subsection (b)(3) of such section.(4)

Rules of construction

Nothing in this subsection may be construed to permit the Administrator to withhold any technical data with aeronautical or space application in the possession of, or under the control of, the National Aeronautics and Space Administration from—(A)an independent, nonpartisan commission relating to human space flight independent investigation established by the President pursuant to chapter 707 of this title;(B)the Aerospace Safety Advisory Panel established under section 31101 of this title in the conduct of its duties;(C)any department, agency, or entity of the Federal Government, if authorized pursuant to law;(D)Congress; or(E)public disclosure, if regulations promulgated under the provisions of either the Export Control Reform Act of 2018 (115–232; 50 U.S.C. 4801 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.) authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations.. (b)

Conforming amendment

Paragraph (3) of section 20131(a) of title 51, United States Code, is amended by striking subsection (b) and inserting subsection (b) or (c).