Authorizes the National Aeronautics and Space Administration to withhold technical data that has aeronautical or space applications from…

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:

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.).

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.

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.

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.

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