H. R. 3237—8 
concerns to participate equitably and proportionately in the conduct 
of the work of the Administration. 
(f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the 
performance of its functions, the Administration is authorized to 
use, with their consent, the services, equipment, personnel, and 
facilities of Federal and other agencies with or without reimburse-
ment, and on a similar basis to cooperate with other public and 
private agencies and instrumentalities in the use of services, equip-
ment, and facilities. Each department and agency of the Federal 
Government shall cooperate fully with the Administration in 
making its services, equipment, personnel, and facilities available 
to the Administration, and any such department or agency is 
authorized, notwithstanding any other provision of law, to transfer 
to or to receive from the Administration, without reimbursement, 
aeronautical and space vehicles, and supplies and equipment other 
than administrative supplies or equipment. 
(g) ADVISORY COMMITTEES.—In the performance of its functions, 
the Administration is authorized to appoint such advisory commit-
tees as may be appropriate for purposes of consultation and advice 
to the Administration. 
(h) OFFICES AND PROCEDURES.—In the performance of its func-
tions, the Administration is authorized to establish within the 
Administration such offices and procedures as may be appropriate 
to provide for the greatest possible coordination of its activities 
under this chapter with related scientific and other activities being 
carried on by other public and private agencies and organizations. 
(i) TEMPORARY
OR
INTERMITTENT
SERVICES
OF
EXPERTS
OR 
CONSULTANTS.—In the performance of its functions, the Administra-
tion is authorized to obtain services as provided by section 3109 
of title 5, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under section 5376 
of title 5. 
(j) ALIENS.—In the performance of its functions, the Administra-
tion is authorized, when determined by the Administrator to be 
necessary, and subject to such security investigations as the 
Administrator may determine to be appropriate, to employ aliens 
without regard to statutory provisions prohibiting payment of com-
pensation to aliens. 
(k) CONCESSIONS FOR VISITORS’ FACILITIES.— 
(1) IN GENERAL.—In the performance of its functions, the 
Administration is authorized to provide by concession, without 
regard to section 1302 of title 40, on such terms as the Adminis-
trator may deem to be appropriate and necessary to protect 
the concessioner against loss of the concessioner’s investment 
in property (but not anticipated profits) resulting from the 
Administration’s discretionary acts and decisions, for the 
construction, maintenance, and operation of all manner of facili-
ties and equipment for visitors to the several installations 
of the Administration and, in connection therewith, to provide 
services incident to the dissemination of information concerning 
its activities to such visitors, without charge or with a reason-
able charge therefor (with this authority being in addition 
to any other authority that the Administration may have to 
provide facilities, equipment, and services for visitors to its 
installations).
H. R. 3237—9 
(2) PUBLIC NOTICE AND DUE CONSIDERATION OF PROPOSALS.— 
A concession agreement under this subsection may be nego-
tiated with any qualified proposer following due consideration 
of all proposals received after reasonable public notice of the 
intention to contract. 
(3) REASONABLE OPPORTUNITY FOR PROFIT.—The concessioner 
shall be afforded a reasonable opportunity to make a profit 
commensurate with the capital invested and the obligations 
assumed. The consideration paid by the concessioner for the 
concession shall be based on the probable value of the oppor-
tunity and not on maximizing revenue to the United States. 
(4) RECORDS
AND
ACCESS
TO
RECORDS.—Each concession 
agreement shall specify the manner in which the concessioner’s 
records are to be maintained, and shall provide for access 
to the records by the Administration and the Comptroller Gen-
eral of the United States for a period of 5 years after the 
close of the business year to which the records relate. 
(5) POSSESSORY INTERESTS.—A concessioner may be accorded 
a possessory interest, consisting of all incidents of ownership 
except legal title (which shall vest in the United States), in 
any structure, fixture, or improvement the concessioner con-
structs or locates upon land owned by the United States. With 
the approval of the Administration, such possessory interest 
may be assigned, transferred, encumbered, or relinquished by 
the concessioner, and, unless otherwise provided by contract, 
shall not be extinguished by the expiration or other termination 
of the concession and may not be taken for public use without 
just compensation. 
(l) DETAILING MEMBERS OF ARMED SERVICES.—In the performance 
of its functions, the Administration is authorized, with the approval 
of the President, to enter into cooperative agreements under which 
members of the Army, Navy, Air Force, and Marine Corps may 
be detailed by the appropriate Secretary for services in the perform-
ance of functions under this chapter to the same extent as that 
to which they might be lawfully assigned in the Department of 
Defense. 
(m) CLAIMS AGAINST THE UNITED STATES.—In the performance 
of its functions, the Administration is authorized— 
(1) to consider, ascertain, adjust, determine, settle, and pay, 
on behalf of the United States, in full satisfaction thereof, 
any claim for $25,000 or less against the United States for 
bodily injury, death, or damage to or loss of real or personal 
property resulting from the conduct of the Administration’s 
functions as specified in section 20112(a) of this title, where 
such claim is presented to the Administration in writing within 
2 years after the accident or incident out of which the claim 
arises; and 
(2) if the Administration considers that a claim in excess 
of $25,000 is meritorious and would otherwise be covered by 
this subsection, to report the facts and circumstances to Con-
gress for its consideration. 
§ 20114. Administration 
and 
Department 
of 
Defense 
coordination 
(a) ADVISE AND CONSULT.—The Administration and the Depart-
ment of Defense, through the President, shall advise and consult 
with each other on all matters within their respective jurisdictions
H. R. 3237—10 
related to aeronautical and space activities and shall keep each 
other fully and currently informed with respect to such activities. 
(b) REFERRAL TO THE PRESIDENT.—If the Secretary of Defense 
concludes that any request, action, proposed action, or failure to 
act on the part of the Administrator is adverse to the responsibilities 
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). 
§ 20115. International cooperation 
The Administration, under the foreign policy guidance of the 
President, may engage in a program of international cooperation 
in work done pursuant to this chapter, and in the peaceful applica-
tion of the results thereof, pursuant to agreements made by the 
President with the advice and consent of the Senate. 
§ 20116. Reports to Congress 
(a) PRESIDENTIAL REPORT.—The President shall transmit to Con-
gress in May of each year a report, which shall include— 
(1) a comprehensive description of the programmed activities 
and the accomplishments of all agencies of the United States 
in the field of aeronautics and space activities during the pre-
ceding fiscal year; and 
(2) an evaluation of such activities and accomplishments in 
terms of the attainment of, or the failure to attain, the objec-
tives described in section 20102(d) of this title. 
(b) RECOMMENDATIONS
FOR
ADDITIONAL
LEGISLATION.—Any 
report made under this section shall contain such recommendations 
for additional legislation as the Administrator or the President 
may consider necessary or desirable for the attainment of the objec-
tives 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 authorization given by, the President. 
§ 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 receipt by the 
Speaker and the Committee on Science and Technology of the 
House of Representatives and the President and the Committee 
on Commerce, Science, and Transportation of the Senate of 
a report by the Administrator or the Administrator’s designee 
containing 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
H. R. 3237—11 
(2) each such committee before the expiration of that period 
has transmitted to the Administrator written notice to the 
effect that the committee has no objection to the proposed 
action. 
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 
§ 20131. Public access to information 
(a) PUBLIC INSPECTION.—Information obtained or developed by 
the Administrator in the performance of the Administrator’s func-
tions under this chapter shall be made available for public inspec-
tion, except information— 
(1) authorized or required by Federal statute to be withheld; 
(2) classified to protect the national security; 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 para-
graph (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 referred to in 
paragraph (1) is information that results from activities con-
ducted 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 financial information that is 
privileged or confidential 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 author-
izes the withholding of information by the Administrator from the 
duly authorized committees of Congress. 
§ 20132. Security requirements 
The Administrator shall establish such security requirements, 
restrictions, and safeguards as the Administrator deems necessary 
in the interest of the national security. The Administrator may 
arrange with the Director of the Office 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 subcontractors and their officers and employees, 
actual or prospective, as the Administrator deems appropriate. If 
any such investigation develops any data reflecting that the indi-
vidual who is the subject of the investigation is of questionable 
loyalty, the matter shall be referred to the Federal Bureau of 
Investigation for the conduct of a full field investigation, the results 
of which shall be furnished to the Administrator. 
§ 20133. Permission to carry firearms 
As the Administrator deems necessary in the public interest, 
the Administrator may— 
(1) direct officers and employees of the Administration 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