51 U.S.C. § 20116 — Reports to Congress

Page 30 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20115 President, shall advise and consult with each other on all matters within their respective ju- risdictions related to aeronautical and space ac- tivities and shall keep each other fully and cur- rently informed with respect to such activities. (b) REFERRAL TO THE PRESIDENT.—If the Sec- retary of Defense concludes that any request, action, proposed action, or failure to act on the part of the Administrator is adverse to the re- sponsibilities of the Department of Defense, or the Administrator concludes that any request, action, proposed action, or failure to act on the part of the Department of Defense is adverse to the responsibilities of the Administration, and the Administrator and the Secretary of Defense are unable to reach an agreement with respect to the matter, either the Administrator or the Secretary of Defense may refer the matter to the President for a decision (which shall be final). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3336.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20114(a) ...... 42 U.S.C. 2474(b). Pub. L. 85–568, title II, § 204(b), (c), July 29, 1958, 72 Stat. 431. 20114(b) ...... 42 U.S.C. 2474(c). In subsection (a), the words ‘‘through the President’’ are substituted for ‘‘through the Liaison Committee’’ because the Civilian-Military Liaison Committee, which was established by section 204(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), was abolished and its functions, together with the func- tions of its chairman and other officers, were trans- ferred to the President by sections 1(e) and 3(a) of Reor- ganization Plan No. 4 of 1965 (5 App. U.S.C.). In subsection (b), the words ‘‘as provided in section 201 (e)’’, which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council speci- fied in section 201(e). Those functions included advising the President ‘‘as he may request’’ with respect to pro- moting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Sec- retary of the Council, together with its functions. § 20115. International cooperation The Administration, under the foreign policy guidance of the President, may engage in a pro- gram of international cooperation in work done pursuant to this chapter, and in the peaceful ap- plication of the results thereof, pursuant to agreements made by the President with the ad- vice and consent of the Senate. (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) 20115 .......... 42 U.S.C. 2475. Pub. L. 85–568, title II, § 205, July 29, 1958, 72 Stat. 432. Executive Documents DELEGATION OF AUTHORITY Memorandum of President of the United States, Oct. 10, 1995, 60 F.R. 53251, provided: Memorandum for the Administrator of the National and Aeronautics and Space Administration By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to facilitate the efficient oper- ations of the aeronautical and space programs of the National Aeronautics and Space Administration (NASA), it is hereby ordered as follows: The authority conferred upon the President by the Constitution and the laws of the United States of America to executive mutual waivers of claims of li- ability on behalf of the United States for damages aris- ing out of cooperative activities is hereby delegated to the Administrator of NASA for agreements with for- eign governments and their agents regarding aero- nautical, science, and space activities that are exe- cuted pursuant to the authority granted NASA by the National Aeronautics and Space Act of 1958, Public Law 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such agreements shall be subject to coordination with and the concurrence of the Department of State to the ex- tent provided by applicable law, regulations, and proce- dures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 20116. Reports to Congress (a) PRESIDENTIAL REPORT.—The President shall transmit to Congress in May of each year a report, which shall include— (1) a comprehensive description of the pro- grammed activities and the accomplishments of all agencies of the United States in the field of aeronautics and space activities during the preceding fiscal year; and (2) an evaluation of such activities and ac- complishments in terms of the attainment of, or the failure to attain, the objectives de- scribed in section 20102(d) of this title. (b) RECOMMENDATIONS FOR ADDITIONAL LEGIS- LATION.—Any report made under this section shall contain such recommendations for addi- tional legislation as the Administrator or the President may consider necessary or desirable for the attainment of the objectives described in section 20102(d) of this title. (c) CLASSIFIED INFORMATION.—No information that has been classified for reasons of national security shall be included in any report made under this section, unless the information has been declassified by, or pursuant to authoriza- tion given by, the President. (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) 20116 .......... 42 U.S.C. 2476. Pub. L. 85–568, title II, § 206, July 29, 1958, 72 Stat. 432; Pub. L. 92–68, § 7, Aug. 6, 1971, 85 Stat. 177; Pub. L. 106–391, title III, § 302(b), Oct. 30, 2000, 114 Stat. 1591. In subsections (a)(2) and (b), the words ‘‘section 102(c) of this Act’’, which appear in section 206 of Public Law 85–568 (72 Stat. 432), are treated as referring to section 102(d), rather than section 102(c), of Public Law 85–568 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