[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7632 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7632
To amend title 51, United States Code, to exempt from disclosure by
NASA certain technical data, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2024
Mr. Jackson of North Carolina introduced the following bill; which was
referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To amend title 51, United States Code, to exempt from disclosure by
NASA certain technical data, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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)''.
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