51 U.S.C. § 20132 — Security requirements

Page 31 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20132 because of the redesignation done by section 110(a)(2) of the National Aeronautics and Space Administration Authorization Act, 1985 (Public Law 98–361, 98 Stat. 426). Section 102(d) of Public Law 85–568 is restated as section 20102(d) of title 51. Executive Documents DELEGATION OF CERTAIN REPORTING AUTHORITY Memorandum of President of the United States, Mar. 5, 2004, 69 F.R. 11489, provided: Memorandum for the Administrator of the National Aeronautics and Space Administration By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the Presi- dent by section 206 of the National Aeronautics and Space Act of 1958, as amended ([former] 42 U.S.C. 2476) [now 51 U.S.C. 20116], to provide the specified report to the Congress. Nothing in this delegation shall be con- strued to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, and legislative proposals. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 20117. Disposal of excess land Notwithstanding the provisions of this or any other law, the Administration may not report to a disposal agency as excess to the needs of the Administration any land having an estimated value in excess of $50,000 that is owned by the United States and under the jurisdiction and control of the Administration, unless— (1) a period of 30 days has passed after the re- ceipt by the Speaker and the Committee on Science and Technology of the House of Rep- resentatives and the President and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate of a report by the Admin- istrator or the Administrator’s designee con- taining a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such action; or (2) each such committee before the expira- tion of that period has transmitted to the Ad- ministrator written notice to the effect that the committee has no objection to the pro- posed action. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3337.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20117 .......... 42 U.S.C. 2476a. Pub. L. 85–568, title II, § 207, as added Pub. L. 93–74, § 7, July 23, 1973, 87 Stat. 175; amended Pub. L. 103–437, § 15(j), Nov. 2, 1994, 108 Stat. 4593. In paragraph (1), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on Science, Space, and Technology’’ on authority of sec- tion 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Represent- atives, adopted by House Resolution No. 5 (106th Con- gress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Reso- lution No. 6 (110th Congress, January 5, 2007). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS § 20131. Public access to information (a) PUBLIC INSPECTION.—Information obtained or developed by the Administrator in the per- formance of the Administrator’s functions under this chapter shall be made available for public inspection, except information— (1) authorized or required by Federal statute to be withheld; (2) classified to protect the national secu- rity; or (3) described in subsection (b). (b) SPECIAL HANDLING OF TRADE SECRET OR CONFIDENTIAL INFORMATION.— (1) IN GENERAL.—The Administrator, for a period of up to 5 years after the development of information described in paragraph (2), may provide appropriate protections against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5. (2) INFORMATION DESCRIBED.—Information re- ferred to in paragraph (1) is information that results from activities conducted under an agreement entered into under subsections (e) and (f) of section 20113 of this title, and that would be a trade secret or commercial or fi- nancial information that is privileged or con- fidential under the meaning of section 552(b)(4) of title 5 if the information had been obtained from a non-Federal party participating in such an agreement. (c) COMMITTEES OF CONGRESS.—Nothing in this chapter authorizes the withholding of informa- tion by the Administrator from the duly author- ized committees of Congress. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20131(a) ...... 42 U.S.C. 2454(a) (words before pro- viso). Pub. L. 85–568, title III, § 303, July 29, 1958, 72 Stat. 433; Pub. L. 102–588, title V, § 509, Nov. 4, 1992, 106 Stat. 5129. 20131(b) ...... 42 U.S.C. 2454(b). 20131(c) ...... 42 U.S.C. 2454(a) (proviso). § 20132. Security requirements The Administrator shall establish such secu- rity requirements, restrictions, and safeguards as the Administrator deems necessary in the in- terest of the national security. The Adminis- trator may arrange with the Director of the Of- fice of Personnel Management for the conduct of such security or other personnel investigations of the Administration’s officers, employees, and consultants, and its contractors and subcontrac- tors and their officers and employees, actual or Page 32 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20133 prospective, as the Administrator deems appro- priate. If any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the matter shall be referred to the Fed- eral Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Administrator. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20132 .......... 42 U.S.C. 2455(a). Pub. L. 85–568, title III, § 304(a), July 29, 1958, 72 Stat. 433; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783. The words ‘‘Director of the Office of Personnel Man- agement’’ are substituted for ‘‘Civil Service Commis- sion’’ because of section 102 of Reorganization Plan No. 2 of 1978 (5 App U.S.C.). Statutory Notes and Related Subsidiaries ACCESS TO RESTRICTED DATA Pub. L. 85–568, title III, § 304(b), July 29, 1958, 72 Stat. 434, provided that: ‘‘The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized to have access to Re- stricted Data by the Atomic Energy Commission under subsection 145 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to permit any member, officer, or em- ployee of the Council [National Aeronautics and Space Council], or the Administrator [of the National Aero- nautics and Space Administration], or any officer, em- ployee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or subcontractor of the Administration [National Aero- nautics and Space Administration], to have access to Restricted Data relating to aeronautical and space ac- tivities which is required in the performance of his du- ties and so certified by the Council or the Adminis- trator, as the case may be, but only if (1) the Council or Administrator or designee thereof has determined, in accordance with the established personnel security procedures and standards of the Council or Administra- tion, that permitting such individual to have access to such Restricted Data will not endanger the common de- fense and security, and (2) the Council or Adminis- trator or designee thereof finds that the established personnel and other security procedures and standards of the Council or Administration are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165). Any indi- vidual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any individual who (A) is an officer or employee of the De- partment of Defense, or any department or agency thereof, or a member of the armed forces, or a con- tractor or subcontractor of any such department, agen- cy, or armed force, or an officer or employee of any such contractor or subcontractor, and (B) has been au- thorized to have access to Restricted Data under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163).’’ [Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Func- tions notes set out under those sections.] [National Aeronautics and Space Council, together with functions of Council, abolished by section 3(a)(4) of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set out in the Appendix to Title 5, Government Organiza- tion and Employees.] § 20133. Permission to carry firearms As the Administrator deems necessary in the public interest, the Administrator may— (1) direct officers and employees of the Ad- ministration to carry firearms while in the conduct of their official duties; and (2) authorize employees of contractors and subcontractors of the Administration who are engaged in the protection of property owned by the United States, and located at facilities owned by or contracted to the United States, to carry firearms while in the conduct of their official duties. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20133 .......... 42 U.S.C. 2456. Pub. L. 85–568, title III, § 304(e), July 29, 1958, 72 Stat. 435. § 20134. Arrest authority Under regulations prescribed by the Adminis- trator and approved by the Attorney General, employees of the Administration and of its con- tractors and subcontractors authorized to carry firearms under section 20133 of this title may ar- rest without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has com- mitted or is committing such felony. Persons granted authority to make arrests by this sec- tion may exercise that authority only while guarding and protecting property owned or leased by, or under the control of, the United States under the administration and control of the Administration or one of its contractors or subcontractors, at facilities owned by or con- tracted to the Administration. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20134 .......... 42 U.S.C. 2456a. Pub. L. 85–568, title III, § 304(f), as added Pub. L. 100–685, title II, § 206, Nov. 17, 1988, 102 Stat. 4090. § 20135. Property rights in inventions (a) DEFINITIONS.—In this section: (1) CONTRACT.—The term ‘‘contract’’ means any actual or proposed contract, agreement, understanding, or other arrangement, and in- cludes any assignment, substitution of parties, or subcontract executed or entered into there- under. (2) MADE.—The term ‘‘made’’, when used in relation to any invention, means the concep- tion or first actual reduction to practice of such invention. (3) PERSON.—The term ‘‘person’’ means any individual, partnership, corporation, associa- tion, institution, or other entity.