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The National Aeronautics and Space Act
Pub. L. No. 85 568,
72 Stat. 426 438 (Jul. 29, 1958)
As Amended
TITLE I--SHORT TITLE, DECLARATION
OF POLICY, AND DEFINITIONS
Section 101. Short Title
Section 102. Declaration of Policy and Purpose
Section 103. Definitions
TITLE II--COORDINATION OF AERONAUTICAL AND SPACE
ACTIVITIES
Section 201. National Aeronautics and Space Council (abolished)
Section 202. National Aeronautics and Space Administration
Section 203. Functions of the Administration
Section 204. Civilian Military Liaison Committee (abolished)
Section 205. International Cooperation
Section 206. Reports to Congress
Section 207. Disposal of Excess Land
Section 208. Donations for Space Shuttle Orbiter (authority expired)
TITLE III--MISCELLANEOUS
Section 301. National Advisory Committee for Aeronautics
Section 302. Transfer of Related Functions
Section 303. Access to Information
Section 304.Security
Section 305. Property Rights in Inventions
Section 306. Contributions Awards
Section 307. Defense of Certain Malpractice and Negligence Suits
Section 308. Insurance and Indemnification
Section 309. Experimental Aerospace Vehicle
Section 310. Appropriations
Section 311. Misuse of Agency Name and Initials
Section 312. Contracts regarding Expendable Launch Vehicles
Section 313. Full Cost Appropriations Account Structure
Section 314. Prize Authority
Section 315. Enhanced Use Lease of Real Property Demonstration
Section 316. Retrocession of Jurisdiction
Section 317. Recovery and Disposition Authority
TITLE IV--UPPER ATMOSPHERIC RESEARCH PURPOSE AND POLICY
Section 401. Purpose and Policy
Section 402. Definitions
Section 403. Program Authorized
Section 404. International Cooperation
AN ACT
To provide for research into problems of flight within and outside the
earth's atmosphere, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--SHORT TITLE, DECLARATION
OF POLICY, AND DEFINITIONS
SHORT TITLE
Sec. 101. This Act may be cited as the "National Aeronautics and
Space Act of 1958."
DECLARATION OF POLICY AND PURPOSE
Sec. 102. (a) The Congress hereby declares that it is the policy
of the United States that activities in space should be devoted to peaceful
purposes for the benefit of all mankind.
(b) The Congress declares that the general welfare and security of
the United States require that adequate provision be made for aeronautical
and space activities.
The Congress further declares that such activities shall be the responsibility of,
and shall be directed by, a civilian agency exercising control over aeronautical
and space activities sponsored by the United States, except that activities peculiar
to or primarily associated with the development of weapons systems, military
operations, or the defense of the United States (including the research and
development necessary to make effective provision for the defense of the United States) shall
be the responsibility of, and shall be directed by, the Department of Defense;
and that determination as to which such agency has responsibility for and
direction of any such activity shall be made by the President in conformity
with section 2471(e).
(c) The Congress declares that the general welfare of the United States
requires that the National Aeronautics and Space Administration (as established
by title II of this Act) seek and encourage, to the maximum extent possible,
the fullest commercial use of space.
(d) The aeronautical and space activities of the United States shall
be conducted so as to contribute materially to one or more of the following
objectives:
(1) The expansion of human knowledge of the Earth and of phenomena
in the atmosphere and space;
(2) The improvement of the usefulness, performance, speed, safety,
and efficiency of aeronautical and space vehicles;
(3) The development and operation of vehicles capable of carrying instruments,
equipment, supplies, and living organisms through space;
(4) The establishment of long-range studies of the potential benefits
to be gained from, the opportunities for, and the problems involved in
the utilization of aeronautical and space activities for peaceful and scientific
purposes;
(5) The preservation of the role of the United States as a leader in
aeronautical and space science and technology and in the application thereof
to the conduct of peaceful activities within and outside the atmosphere;
(6) The making available to agencies directly concerned with national
defense of discoveries that have military value or significance, and the
furnishing by such agencies, to the civilian agency established to direct
and control nonmilitary aeronautical and space activities, of information
as to discoveries which have value or significance to that agency;
(7) Cooperation by the United States with other nations and groups
of nations in work done pursuant to this Act and in the peaceful application
of the results thereof;
(8) The most effective utilization of the scientific and engineering
resources of the United States, with close cooperation among all interested
agencies of the United States in order to avoid unnecessary duplication
of effort, facilities, and equipment; and
(9) The preservation of the United States preeminent position in aeronautics
and space through research and technology development related to associated
manufacturing processes.
(e) The Congress declares that the general welfare of the United States
requires that the unique competence in scientific and engineering systems
of the National Aeronautics and Space Administration also be directed toward
ground propulsion systems research and development. Such development shall
be conducted so as to contribute to the objectives of developing energy-
and petroleum-conserving ground propulsion systems, and of minimizing the
environmental degradation caused by such systems.
(f) The Congress declares that the general welfare of the United States
requires that the unique competence of the National Aeronautics and Space
Administration in science and engineering systems be directed to assisting
in bioengineering research, development, and demonstration programs designed
to alleviate and minimize the effects of disability.
(g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration be directed to detecting, tracking, cataloging, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects to the Earth.
(h) It is the purpose of this Act to carry out and effectuate the policies declared in subsections (a), (b), (c), (d), (e), (f), and (g).
DEFINITIONS
Sec. 103. As used in this Act--
(1) the term "aeronautical and space activities" means
(A) research into, and the solution of, problems of flight within and
outside the Earth's atmosphere,
(B) the development, construction, testing, and operation for research
purposes of aeronautical and space vehicles,
(C) the operation of a space transportation system including the Space
Shuttle, upper stages, space platforms, and related equipment, and
(D) such other activities as may be required for the exploration of space; and
(2) the term "aeronautical and space vehicles" means aircraft,
missiles, satellites, and other space vehicles, manned and unmanned, together
with related equipment, devices, components, and parts.
TITLE II--COORDINATION OF AERONAUTICAL AND SPACE
ACTIVITIES
NATIONAL AERONAUTICS AND SPACE COUNCIL
[Sec. 201. (a) There is hereby established the National Aeronautics
and Space Council...]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Sec. 202. (a) There is hereby established the National Aeronautics
and Space Administration (hereinafter called the "Administration").
The Administration shall be headed by an Administrator, who shall be appointed
from civilian life by the President by and with the advice and consent
of the Senate.
Under the supervision and direction of the President,
the Administrator shall be responsible for the exercise of all powers and
the discharge of all duties of the Administration, and shall have authority
and control over all personnel and activities thereof.
(b) There shall be in the Administration a Deputy Administrator, who
shall be appointed from civilian life by the President by and with the
advice and consent of the Senate and shall perform such duties and exercise
such powers as the Administrator may prescribe.
The Deputy Administrator shall act for, and exercise the powers of, the Administrator
during his absence or disability.
(c) The Administrator and the Deputy Administrator shall not engage
in any other business, vocation, or employment while serving as such.
FUNCTIONS OF THE ADMINISTRATION
Sec. 203. (a) The Administration, in order to carry out the purpose
of this Act, shall--
(1) plan, direct, and conduct aeronautical and space activities;
(2) arrange for participation by the scientific community in planning
scientific measurements and observations to be made through use of aeronautical
and space vehicles, and conduct or arrange for the conduct of such measurements
and observations;
(3) provide for the widest practicable and appropriate dissemination
of information concerning its activities and the results thereof;
(4) seek and encourage, to the maximum extent possible, the fullest
commercial use of space; and
(5) encourage and provide for Federal Government use of commercially
provided space services and hardware, consistent with the requirements
of the Federal Government.
(b)
(1) The Administration shall, to the extent of appropriated funds,
initiate, support, and carry out such research, development, demonstration,
and other related activities in ground propulsion technologies as are provided
for in sections 4 through 10 of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976.
(2) The Administration shall initiate, support, and carry out such
research, development, demonstrations, and other related activities in
solar heating and cooling technologies (to the extent that funds are appropriated
therefor) as are provided for in sections 5, 6, and 9 of the Solar Heating
and Cooling Demonstration Act of 1974.
(c) In the performance of its functions the Administration is authorized--
(1) to make, promulgate, issue, rescind, and amend rules and regulations
governing the manner of its operations and the exercise of the powers vested
in it by law;
(2) to appoint and fix the compensation of such officers and employees
as may be necessary to carry out such functions. Such officers and
employees shall be appointed in accordance with the civil-service laws
and their compensation fixed in accordance with the Classification Act
of 1949, except that
(A) to the extent the Administrator deems such action necessary to the
discharge of his responsibilities, he may appoint not more than four
hundred and twenty-five of the scientific, engineering, and administrative
personnel of the Administration without regard to such laws, and may
fix the compensation of such personnel not in excess of the rate of
basic pay payable for level III of the Executive Schedule, and
(B) to the extent the Administrator deems such action necessary to recruit
specially qualified scientific and engineering talent, he may establish
the entrance grade for scientific and engineering personnel without
previous service in the Federal Government at a level up to two grades higher
than the grade provided for such personnel under the General Schedule
established by the Classification Act of 1949, and fix their compensation
accordingly;
(3) to acquire (by purchase, lease, condemnation, or otherwise), construct,
improve, repair, operate, and maintain laboratories, research and testing
sites and facilities, aeronautical and space vehicles, quarters and related
accommodations for employees and dependents of employees of the Administration,
and such other real and personal property (including patents), or any interest
therein, as the Administration deems necessary within and outside the continental
United States; to acquire by lease or otherwise, through the Administrator
of General Services, buildings or parts of buildings in the District of
Columbia for the use of the Administration for a period not to exceed ten
years without regard to the Act of March 3, 1877 (40 U.S.C. 34);
to lease to others such real and personal property; to sell and otherwise
dispose of real and personal property (including patents and rights thereunder)
in accordance with the provisions of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 471 et seq.); and to provide
by contract or otherwise for cafeterias and other necessary facilities
for the welfare of employees of the Administration at its installations
and purchase and maintain equipment therefor;
(4) to accept unconditional gifts or donations of services, money,
or property, real, personal, or mixed, tangible or intangible;
(5) without regard to section 3648 of the Revised Statutes, as amended
(31 U.S.C. 529), to enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be necessary in the
conduct of its work and on such terms as it may deem appropriate, with
any agency or instrumentality of the United States, or with any State,
Territory, or possession, or with any political subdivision thereof, or
with any person, firm, association, corporation, or educational institution.
To the maximum extent practicable and consistent with the accomplishment
of the purposes of this Act, such contracts, leases, agreements, and other
transactions shall be allocated by the Administrator in a manner which
will enable small-business concerns to participate equitably and proportionately
in the conduct of the work of the Administration;
(6) to use, with their consent, the services, equipment, personnel,
and facilities of Federal and other agencies with or without reimbursement,
and on a similar basis to cooperate with other public and private agencies
and instrumentalities in the use of services, equipment, 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;
(7) to appoint such advisory committees as may be appropriate for purposes
of consultation and advice to the Administration in the performance of
its functions;
(8) 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 Act with related scientific and other activities
being carried on by other public and private agencies and organizations;
(9) to obtain services as authorized by section 3109 of title 5, United
States Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18;
(10) when determined by the Administrator to be necessary, and subject
to such security investigations as he may determine to be appropriate,
to employ aliens without regard to statutory provisions prohibiting payment
of compensation to aliens;
(11) to provide by concession, without regard to section 321 of the
Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b), on such terms as the
Administrator may deem to be appropriate and to be necessary to protect
the concessioner against loss of his 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 facilities
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 reasonable charge therefor (with this authority being in addition
to any other authority which the Administration may have to provide facilities,
equipment, and services for visitors to its installations). A concession
agreement under this paragraph may be negotiated with any qualified proposer
following due consideration of all proposals received after reasonable
public notice of the intention to contract. The concessioner shall
be afforded a reasonable opportunity to make a profit commensurate with
the capital invested and the obligations assumed, and the consideration
paid by him for the concession shall be based on the probable value of
such opportunity and not on maximizing revenue to the United States.
Each concession agreement shall specify the manner in which the concessioner's
records are to be maintained, and shall provide for access to any such
records by the Administration and the Comptroller General of the United
States for a period of five years after the close of the business year
to which such records relate. 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
he constructs or locates upon land owned by the United States; and, with
the approval of the Administration, such possessory interest may be assigned,
transferred, encumbered, or relinquished by him, 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;
(12) 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
performance of functions under this Act to the same extent as that to which
they might be lawfully assigned in the Department of Defense;
(13)
(A) 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 subsection
(a) of this section, where such claim is presented to the Administration
in writing within two years after the accident or incident out of which
the claim arises; and
(B) if the Administration considers that a claim in excess of $25,000
is meritorious and would otherwise be covered by this paragraph, to report
the facts and circumstances thereof to the Congress for its consideration; and
(14) Repealed.
Sec. 204. [Civilian-Military Liaison Committee] abolished.
INTERNATIONAL COOPERATION
Sec. 205. The Administration, under the foreign policy guidance of
the President, may engage in a program of international cooperation in
work done pursuant to this Act, and in the peaceful application of the
results thereof, pursuant to agreements made by the President with the
advice and consent of the Senate.
REPORTS TO CONGRESS
Sec. 206. (a) The President shall transmit to the Congress in May
of each year a report, which shall include
(1) a comprehensive description of the programed 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 accomplishments in terms of the
attainment of, or the failure to attain, the objectives described in section
102(c) of this Act.
(b) 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 objectives described in
section 102(c) of this Act.
(c) No information which has been classified for reasons of national
security shall be included in any report made under this section, unless
such information has been declassified by, or pursuant to authorization
given by, the President.
DISPOSAL OF EXCESS LAND
Sec. 207. 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 which is owned by the United States and under the jurisdiction
and control of the Administration, unless
(A) a period of thirty days has passed after the receipt by the Speaker and
the Committee on Science and Astronautics of the House of Representatives and
the President and the Committee on Aeronautical and Space Sciences of the
Senate of a report by the Administrator or his 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
(B) each such committee before the expiration of such period has transmitted
to the Administrator written notice to the effect that such committee has no
objection to the the proposed action.
Sec. 208. [Donations For Space Shuttle Orbiter] authority expired.
TITLE III--MISCELLANEOUS
NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS
Sec. 301. (a) The National Advisory Committee for Aeronautics, on
the effective date of this section, shall cease to exist. On such
date all functions, powers, duties, and obligations, and all real and personal
property, personnel (other than members of the Committee), funds, and records
of that organization, shall be transferred to the Administration.
(b) Section 2302 of title 10 of the United States Code is amended by
striking out "or the Executive Secretary of the National Advisory Committee
for Aeronautics." and inserting in lieu thereof "or the Administrator of
the National Aeronautics and Space Administration."; and section 2303 of
such title 10 is amended by striking out "The National Advisory Committee
for Aeronautics." and inserting in lieu thereof "The National Aeronautics
and Space Administration."
(c) The first section of the Act of August 26, 1950 (5 U.S.C. 22-1),
is amended by striking out "the Director, National Advisory Committee for
Aeronautics" and inserting in lieu thereof "the Administrator of the National
Aeronautics and Space Administration", and by striking out "or National
Advisory Committee for Aeronautics" and inserting in lieu thereof "or National
Aeronautics and Space Administration".
(d) The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511-515) is
amended
(1) by striking out "The National Advisory Committee for Aeronautics
(hereinafter referred to as the 'Committee')" and inserting in lieu thereof
The Administrator of the National Aeronautics and Space Administration
(hereinafter referred to as the 'Administrator')";
(2) by striking out "Committee" or "Committee's" wherever they appear and
inserting in lieu thereof "Administrator" and "Administrator's", respectively; and
(3) by striking out "its" wherever it appears and inserting in lieu thereof
"his".
(e) This section shall take effect ninety days after the date of the
enactment of this Act, or on any earlier date on which the Administrator
shall determine, and announce by proclamation published in the Federal
Register, that the Administration has been organized and is prepared to
discharge the duties and exercise the powers conferred upon it by this
Act.
TRANSFER OF RELATED FUNCTIONS
Sec. 302. (a) Subject to the provisions of this section, the President,
for a period of four years after the date of enactment of this Act, may
transfer to the Administration any functions (including powers, duties,
activities, facilities, and parts of functions) of any other department
or agency of the United States or of any officer or organizational entity
thereof, which relate primarily to the functions, powers, and duties of
the Administration as prescribed by section 203 of this Act. In connection
with any such transfer, the President may, under this section or other
applicable authority, provide for appropriate transfers of records, property,
civilian personnel, and funds.
(b) Whenever any such transfer is made before January 1, 1959, the
President shall transmit to the Speaker of the House of Representatives
and the President pro tempore of the Senate a full and complete report
concerning the nature and effect of such transfer.
(c) After December 31, 1958, no transfer shall be made under this section
until
(1) a full and complete report concerning the nature and effect of
such proposed transfer has been transmitted by the President to the Congress, and
(2) the first period of sixty calendar days of regular session of the
Congress following the date of receipt of such report by the Congress has
expired without the adoption by the Congress of a concurrent resolution
stating that the Congress does not favor such transfer.
ACCESS TO INFORMATION
Sec. 303. (a) Information obtained or developed by the Administrator
in the performance of his functions under this Act shall be made available
for public inspection; except
(A) information authorized or required by Federal statute to be withheld,
(B) information classified to protect the national security; and
(C) information described in subsection (b):
Provided, That nothing in this Act shall authorize the witholding of information
by the Administrator from the duly authorized committees of the Congress.
(b) The Administrator, for a period up to 5 years after the development
of information that results from activities conducted under an agreement
entered into under section 203(c)(5) and (6) of this Act, 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, United
States Code, if the information had been obtained from a non-Federal party
participating in such an agreement, may provide appropriate protections
against the dissemination of such information, including exemption from
subchapter II of chapter 5 of title 5, United States Code.
SECURITY
Sec. 304. (a) The Administrator shall establish such security requirements,
restrictions, and safeguards as he 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 he deems appropriate; and if any
such investigation develops any data reflecting that the individual who
is the subject thereof 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.
(b) 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 Restricted Data by the Atomic Energy Commission under
subsection 145b. of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)),
to permit any member, officer, or employee of the Council, or the Administrator,
or any officer, employee, member of an advisory committee, contractor,
subcontractor, or officer or employee of a contractor or subcontractor
of the Administration, to have access to Restricted Data relating to aeronautical
and space activities which is required in the performance of his duties
and so certified by the Council or the Administrator, 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 Administration, that permitting such individual to have
access to such Restricted Data will not endanger the common defense and
security, and
(2) the Council or Administrator 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 individual
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 Department of Defense, or any
department or agency thereof, or a member of the armed forces, or a
contractor or subcontractor of any such department, agency, or armed
force, or an officer or employee of any such contractor or subcontractor, and
(B) has been authorized to have access to Restricted Data under the
provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163).
(c)Chapter 37 of title 18 of the United States Code (entitled Espionage and Censorship)
is amended by--
(1) adding at the end thereof the following new section:
"§ 799. Violation of regulations of National Aeronautics and Space
Administration
"Whoever willfully shall violate, attempt to violate, or conspire to
violate any regulation or order promulgated by the Administrator of the
National Aeronautics and Space Administration for the protection or security
of any laboratory, station, base or other facility, or part thereof, or
any aircraft, missile, spacecraft, or similar vehicle, or part thereof,
or other property or equipment in the custody of the Administration, or
any real or personal property or equipment in the custody of any contractor
under any contract with the Administration or any subcontractor of any such
contractor, shall be fined not more than $5,000, or imprisoned not more
than
one year, or both."
(2) adding at the end of the sectional analysis thereof the following
new item:
"§ 799. Violation of regulations of National Aeronautics and Space Administration."
(d) Section 1114 of title 18 of the United States Code is amended by
inserting immediately before "while engaged in the performance of his official
duties" the following: "or any officer or employee of the National
Aeronautics and Space Administration directed to guard and protect property
of the United States under the administration and control of the National
Aeronautics and Space Administration,".
(e) The Administrator may direct such of the officers and employees
of the Administration as he deems necessary in the public interest to carry
firearms while in the conduct of their official duties. The Administrator
may also authorize such of those employees of the contractors and subcontractors
of the Administration engaged in the protection of property owned by the
United States and located at facilities owned by or contracted to the United
States as he deems necessary in the public interest, to carry firearms
while in the conduct of their official duties.
(f) Under regulations to be prescribed by the Administrator and approved
by the Attorney General of the United States, those employees of the Administration
and of its contractors and subcontractors authorized to carry firearms
under subsection (e) may arrest 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 committed or is committing such
felony. Persons granted authority to make arrests by this subsection
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 contracted to the Administration.
PROPERTY RIGHTS IN INVENTIONS
Sec. 305. (a) Whenever any invention is made in the performance of
any work under any contract of the Administration, and the Administrator
determines that--
(1) the person who made the invention was employed or assigned to perform
research, development, or exploration work and the invention is related
to the work he was employed or assigned to perform, or that it was within
the scope of his employment duties, whether or not it was made during working
hours, or with a contribution by the Government of the use of Government
facilities, equipment, materials, allocated funds, information proprietary
to the Government, or services of Government employees during working hours;or
(2) the person who made the invention was not employed or assigned
to perform research, development, or exploration work, but the invention
is nevertheless related to the contract, or to the work or duties he was
employed or assigned to perform, and was made during working hours, or
with a contribution from the Government of the sort referred to in clause
(1), such invention shall be the exclusive property of the United States,
and if such invention is patentable a patent therefor shall be issued to
the United States upon application made by the Administrator, unless the
Administrator waives all or any part of the rights of the United States
to such invention in conformity with the provisions of subsection (f) of this section.
(b) Each contract entered into by the Administrator with any party
for the performance of any work shall contain effective provisions under
which such party shall furnish promptly to the Administrator a written
report containing full and complete technical information concerning any
invention, discovery, improvement, or innovation which may be made in the
performance of any such work.
(c) No patent may be issued to any applicant other than the Administrator
for any invention which appears to the Commissioner of Patents to
have significant utility in the conduct of aeronautical and space activities
unless the applicant files with the Commissioner, with the application
or within thirty days after request therefor by the Commissioner, a written
statement executed under oath setting forth the full facts concerning the
circumstances under which such invention was made and stating the relationship
(if any) of such invention to the performance of any work under any contract
of the Administration. Copies of each such statement and the application
to which it relates shall be transmitted forthwith by the Commissioner
to the Administrator.
(d) Upon any application as to which any such statement has been transmitted
to the Administrator, the Commissioner may, if the invention is patentable,
issue a patent to the applicant unless the Administrator, within ninety
days after receipt of such application and statement, requests that such
patent be issued to him on behalf of the United States. If, within
such time, the Administrator files such a request with the Commissioner,
the Commissioner shall transmit notice thereof to the applicant, and shall
issue such patent to the Administrator unless the applicant within thirty
days after receipt of such notice requests a hearing before a Board of
Patent Appeals and Interferences on the question whether the Administrator
is entitled under this section to receive such patent. The Board
may hear and determine, in accordance with rules and procedures established
for interference cases, the question so presented, and its determination
shall be subject to appeal by the applicant or by the Administrator to
the United States Court of Appeals for the Federal Circuit in accordance
with procedures governing appeals from decisions of the Board of Patent
Appeals and Interferences in other proceedings.
(e) Whenever any patent has been issued to any applicant in conformity
with subsection (d), and the Administrator thereafter has reason to believe
that the statement filed by the applicant in connection therewith contained
any false representation of any material fact, the Administrator within
five years after the date of issuance of such patent may file with the
Commissioner a request for the transfer to the Administrator of title to
such patent on the records of the Commissioner.
Notice of any such request shall be transmitted by the Commissioner to the owner of record
of such patent, and title to such patent shall be so transferred to the
Administrator unless within thirty days after receipt of such notice such
owner of record requests a hearing before a Board of Patent Appeals and
Interferences on the question whether any such false representation was
contained in such statement.
Such question shall be heard and determined, and determination thereof shall be
subject to review, in the manner prescribed by subsection (d) for questions arising
thereunder.
No request made by the Administrator under this subsection for the transfer of title to
any patent, and no prosecution for the violation of any criminal statute,
shall be barred by any failure of the Administrator to make a request under
subsection (d) for the issuance of such patent to him, or by any notice
previously given by the Administrator stating that he had no objection
to the issuance of such patent to the applicant therefor.
(f) Under such regulations in conformity with this subsection as the
Administrator shall prescribe, he may waive all or any part of the rights
of the United States under this section with respect to any invention or
class of inventions made or which may be made by any person or class of
persons in the performance of any work required by any contract of the
Administration if the Administrator determines that the interests of the
United States will be served thereby.
Any such waiver may be made upon such terms and under such conditions as the
Administrator shall determine to be required for the protection of the interests
of the United States.
Each such waiver made with respect to any invention shall be subject to
the reservation by the Administrator of an irrevocable, nonexclusive, nontransferable,
royalty-free license for the practice of such invention throughout the
world by or on behalf of the United States or any foreign government pursuant
to any treaty or agreement with the United States.
Each proposal for any waiver under this subsection shall be referred to an Inventions
and Contribution Board which shall be established by the Administrator
within the Administration.
Such Board shall accord to each interested party an opportunity for hearing, and
shall transmit to the Administrator its findings of fact with respect to such proposal
and its recommendations for action to be taken with respect thereto.
[(g)] deleted
(h) The Administrator is authorized to take all suitable and necessary
steps to protect any invention or discovery to which he has title, and
to require that contractors or persons who retain title to inventions or
discoveries under this section protect the inventions or discoveries to
which the Administration has or may acquire a license of use.
(i) The Administration shall be considered a defense agency of the
United States for the purpose of chapter 17 of title 35 of the United States
Code.
(j) As used in this section--
(1) the term "person" means any individual, partnership, corporation,
association, institution, or other entity;
(2) the term "contract" means any actual or proposed contract, agreement,
understanding, or other arrangement, and includes any assignment, substitution
of parties, or subcontract executed or entered into thereunder; and
(3) the term "made", when used in relation to any invention, means
the conception or first actual reduction to practice of such invention.
(k) Any object intended for launch, launched, or assembled in outer
space shall be considered a vehicle for purpose of section 272 of title
35, United States Code.
(l) The use or manufacture of any patented invention incorporated in
a space vehicle launched by the United States Government for a person other
than the United States shall not be considered to be a use or manufacture
by or for the United States within the meaning of section 1498(a) of title
28, United States Code unless the Administration gives an express authorization
or consent for such use or manufacture.
CONTRIBUTIONS AWARDS
Sec. 306. (a) Subject to the provisions of this section, the
Administrator is authorized, upon his own initiative or upon application
of any person, to make a monetary award, in such amount and upon such
terms as he shall determine to be warranted, to any person (as defined
by section 305) for any scientific or technical contribution to the
Administration which is determined by the Administrator to have significant
value in the conduct of aeronautical and space activities.
Each application made for any such award shall be referred to the Inventions
and Contributions Board established under section 305 of this Act.
Such Board shall accord to each such applicant an opportunity for hearing
upon such application, and shall transmit to the Administrator its recommendation
as to the terms of the award, if any, to be made to such applicant for
such contribution.
In determining the terms and conditions of
any award the Administrator shall take into account--
(1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expended by the
applicant for the development of such contribution;
(3) the amount of any compensation (other than salary received for services
rendered as an officer or employee of the Government) previously received
by the applicant for or on account of the use of such contribution by
the United States; and
(4) such other factors as the Administrator shall determine to be material.
(b) If more than one applicant under subsection (a) claims an interest
in the same contribution, the Administrator shall ascertain and determine
the respective interests of such applicants, and shall apportion any
award to be made with respect to such contribution among such applicants
in such proportions as he shall determine to be equitable. No
award may be made under subsection (a) with respect to any contribution--
(1) unless the applicant surrenders, by such means as the Administrator
shall determine to be effective, all claims which such applicant may
have to receive any compensation (other than the award made under this
section) for the use of such contribution or any element thereof at
any time by or on behalf of the United States, or by or on behalf of
any foreign government pursuant to any treaty or agreement with the
United States, within the United States or at any other place;
(2) in any amount exceeding $100,000, unless the Administrator has transmitted
to the appropriate committees of the Congress a full and complete report
concerning the amount and terms of, and the basis for, such proposed
award, and thirty calendar days of regular session of the Congress have
expired after receipt of such report by such committees.
DEFENSE OF CERTAIN MALPRACTICE AND NEGLIGENCE SUITS
Sec. 307. (a) The remedy against the United States provided by sections
1346(b) and 2672 of title 28, United States Code, for damages for personal
injury, including death, caused by the negligent or wrongful act or omission
of any physician, dentist, nurse, pharmacist, or paramedical or other supporting
personnel (including medical and dental technicians, nursing assistants,
and therapists) of the Administration in the performance of medical, dental,
or related health care functions (including clinical studies and investigations)
while acting within the scope of his duties or employment therein or therefor
shall hereafter be exclusive of any other civil action or proceeding by
reason of the same subject matter against such physician, dentist, nurse,
pharmacist, or paramedical or other supporting personnel (or the estate
of such person) whose act or omission gave rise to such action or proceeding.
(b) The Attorney General shall defend any civil action or proceeding
brought in any court against any person referred to in subsection (a) of
this section (or the estate of such person) for any such injury.
Any such person against whom such civil action or proceeding is brought
shall deliver within such time after date of service or knowledge of service
as determined by the Attorney General, all process served upon such person
or an attested true copy thereof to such person's immediate superior or
to whomever was designated by the Administrator to receive such papers
and such person shall promptly furnish copies of the pleading and process
therein to the United States Attorney for the district embracing the place
wherein the proceeding is brought to the Attorney General and to the Administrator.
(c) Upon a certification by the Attorney General that any person described
in subsection (a) was acting in the scope of such person's duties or employment
at the time of the incident out of which the suit arose, any such civil
action or proceeding commenced in a State court shall be removed without
bond at any time before trial by the Attorney General to the district court
of the United States of the district and division embracing the place wherein
it is pending and the proceeding deemed a tort action brought against the
United States under the provisions of title 28, United States Code, and
all references thereto.
Should a United States district court determine on a hearing on a motion to remand
held before a trial on the merits that the case so removed is one in which a remedy
by suit within the meaning of subsection (a) of this section is not available
against the United States, the case shall be remanded to the State court.
(d) The Attorney General may compromise or settle any claim asserted
in such civil action or proceeding in the manner provided in section 2677
of title 28, United States Code, and with the same effect.
(e) For purposes of this section, the provisions of section 2680(h)
of title 28, United States Code, shall not apply to any cause of action
arising out of a negligent or wrongful act of omission in the performance
of medical, dental, or related health care functions (including clinical
studies and investigations).
(f) The Administrator or his designee may, to the extent that the Administrator
or his designee deem appropriate, hold harmless or provide liability insurance
for any person described in subsection (a) for damages for personal injury,
including death, caused by such person's negligent or wrongful act or omission
in the performance of medical, dental, or related health care functions
(including clinical studies and investigations) while acting within the
scope of such person's duties if such person is assigned to a foreign country
or detailed for service with other than a Federal department, agency, or
instrumentality or if the circumstances are such as are likely to preclude
the remedies of third persons against the United States described in section
2679(b) of title 28, United States Code, for such damage or injury.
INSURANCE AND INDEMNIFICATION
Sec. 308. (a) The Administration is authorized on such terms and
to the extent it may deem appropriate to provide liability insurance for
any user of a space vehicle to compensate all or a portion of claims by
third parties for death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the launch, operations
or recovery of the space vehicle.
Appropriations available to the Administration may be used to acquire such
insurance, but such appropriations shall be reimbursed to the maximum extent practicable
by the users under reimbursement policies established pursuant to section 203(c)
of this Act.
(b) Under such regulations in conformity with this section as the Administrator
shall prescribe taking into account the availability, cost and terms of
liability insurance, any agreement between the Administration and a user
of a space vehicle may provide that the United States will indemnify the
user against claims (including reasonable expenses of litigation or settlement)
by third parties for death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the launch, operations
or recovery of the space vehicle, but only to the extent that such claims
are not compensated by liability insurance of the user:
Provided, That such indemnification may be limited to claims resulting from other
than the actual negligence or willful misconduct of the user.
(c) An agreement made under subsection (b) that provides indemnification
must also provide for--
(1) notice to the United States of any claim or suit against the user
for the death, bodily injury, or loss of or damage to the property; and
(2) control of or assistance in the defense by the United States, at
its election, of that suit or claim.
(d) No payment may be made under subsection (b) unless the Administrator
or his designee certifies that the amount is just and reasonable.
(e) Upon the approval by the Administrator, payments under subsection
(b) may be made, at the Administrator's election, either from funds available
for research and development not otherwise obligated or from funds appropriated
for such payments.
(f) As used in this section--
(1) the term "space vehicle" means an object intended for launch, launched
or assembled in outer space, including the Space Shuttle and other components
of a space transportation system, together with related equipment, devices,
components and parts;
(2) the term "user" includes anyone who enters into an agreement with
the Administration for use of all or a portion of a space vehicle, who
owns or provides property to be flown on a space vehicle, or who employs
a person to be flown on a space vehicle; and
(3) the term "third party" means any person who may institute a claim
against a user for death, bodily injury or loss of or damage to property.
EXPERIMENTAL AEROSPACE VEHICLE
Sec. 309. (a) The Administrator may provide liability
insurance for, or indemnification to, the developer of an experimental
aerospace vehicle developed or used in execution of an agreement between
the Administration and the developer.
(b) Terms and Conditions.—
(1) In General. Except as otherwise provided in this section, the insurance
and indemnification provided by the Administration under subsection (a)
to a developer shall be provided on the same terms and conditions as insurance
and indemnification is provided by the Administration under section 308
of this Act to the user of a space vehicle.
(2) Insurance.—
(A) A developer shall obtain liability insurance or demonstrate
financial responsibility in amounts to compensate for the maximum probable
loss from claims by—
(i) a third party for death, bodily injury, or property damage, or
loss resulting from an activity carried out in connection with the development
or use of an experimental aerospace vehicle; and
(ii) the United States Government for damage or loss to Government property resulting
from such an activity.
(B) Maximum Required.—The Administrator shall determine the amount
of insurance required, but, except as provided in subparagraph (C), that
amount shall not be greater than the amount required under section 70112(a)(3)
of title 49, United States Code, for a launch. The Administrator shall
publish notice of the Administrator’s determination and the applicable
amount or amounts in the Federal Register within 10 days after making the
determination.
(C) Increase in Dollar Amounts.—The Administrator may increase the dollar
amounts set forth in section 70112(a)(3)(A) of title 49, United States Code,
for the purpose of applying that section under this section to a developer
after consultation with the Comptroller General and such experts and
consultants as may be appropriate, and after publishing notice of the
increase in the Federal Register not less than 180 days before the increase
goes into effect.
The Administrator shall make available for public inspection, not later
than the date of publication of such notice, a complete record of any
correspondence received by the Administration, and a transcript of any
meetings in which the Administration participated, regarding the
proposed increase.
(D) Safety Review Required Before Administrator Provides Insurance.—The
Administrator may not provide liability insurance or indemnification under
subsection (a) unless the developer establishes to the satisfaction of
the Administrator that appropriate safety procedures and practices are
being followed in the development of the experimental aerospace vehicle.
(3) No Indemnification Without Cross-Waiver. Notwithstanding subsection (a),
the Administrator may not indemnify a developer of an experimental aerospace
vehicle under this section unless there is an agreement between the Administration
and the developer described in subsection (c).
(4) Application of Certain Procedures.—If the Administrator requests additional
appropriations to make payments under this section, like the payments that may
be made under section 308(b) of this Act, then the request for those appropriations
shall be made in accordance with the procedures established by subsections (d)
and (e) of section 70113 of title 49, United States Code.
(c) Cross-Waivers.—
(1) Administrator Authorized to Waive.—The Administrator, on behalf of the
United States, and its departments, agencies, and instrumentalities, may
reciprocally waive claims with a developer or cooperating party and with the
related entities of that developer or cooperating party under which each party
to the waiver agrees to be responsible, and agrees to ensure that its own related
entities are responsible, for damage or loss to its property for which it is
responsible, or for losses, resulting from any injury or death sustained by
its own employees or agents, as a result of activities connected to the agreement
or use of the experimental aerospace vehicle.
(2) Limitations.—
(A) Claims.—A reciprocal waiver under paragraph (1) may not preclude a claim
by any natural person (including, but not limited to, a natural person who
is an employee of the United States, the developer, the cooperating party,
or their respective subcontractors) or that natural person’s estate, survivors,
or subrogees for injury or death, except with respect to a subrogee that
is a party to the waiver or has otherwise agreed to be bound by the terms
of the waiver.
(B) Liability for Negligence.—A reciprocal waiver under paragraph (1) may
not absolve any party of liability to any natural person (including, but
not limited to, a natural person who is an employee of the United States,
the developer, the cooperating party, or their respective subcontractors)
or such a natural person’s estate, survivors, or subrogees for negligence,
except with respect to a subrogee that is a party to the waiver or has
otherwise agreed to be bound by the terms of the waiver.
(C) Indemnification for Damages.—A reciprocal waiver under paragraph (1)
may not be used as the basis of a claim by the Administration, or the developer
or cooperating party, for indemnification against the other for damages
paid to a natural person, or that natural person’s estate, survivors, or
subrogees, for injury or death sustained by that natural person as a result
of activities connected to the agreement or use of the experimental aerospace
vehicle.
(D) Willful Misconduct.—A reciprocal waiver under paragraph (1) may not
relieve the United States, the developer, the cooperating party, or
the related entities of the developer or cooperating party, of liability
for damage or loss resulting from willful misconduct.
(3) Effect on Previous Waivers.—Subsection (c) applies to any waiver of claims
entered into by the Administration without regard to whether it was entered
into before, on, or after the date of the enactment of this Act.
(d) Definitions.—In this section:
(1) Coooperating Party.—The term “cooperating party” means any person who
enters into an agreement with the Administration for the performance of
cooperative scientific, aeronautical, or space activities to carry out the
purposes of this Act.
(2) Developer.—The term “developer” means a United states person (other than
a natural person) who--
(A) is a party to an agreement with the Administration for the purpose
of developing new technology for an experimental aerospace vehicle;
(B) owns or provides property to be flown or situated on that vehicle;or
(C) employs a natural person to be flown on that vehicle.
(3) Experimental Aerospace Vehicle.—The term “experimental aerospace vehicle”
means an object intended to be flown in, or launched into, orbital or
suborbital flight for the purpose of demonstrating technologies necessary
for a reusable launch vehicle, developed under an agreement between the
Administration and a developer.
(4) Related Entity.—The term “related entity” includes a contractor or
subcontractor at any tier, a supplier, a grantee, and an investigator
or detailee.
(e) Relationship to Other Laws.—
(1) Section 308.—This section does not apply to any object, transaction,
or operation to which section 308 of this Act applies.
(2) Chapter 701 of Title 49, United States Code.—The Administrator may
not provide indemnification to a developer under this section for launches
subject to license under section 70117(g)(1) of title 49, United States Code.
(f) Termination.—
(1) In General.-The provisions of this section shall terminate on December
31, 2010, except that the Administrator may extend the termination date
to a date not later than September 30, 2005, if the Administrator determines
that such extension is in the interests of the United States.
(2) Effect of Termination on Agreement.—The termination of this section
shall not terminate or otherwise affect any cross-waiver agreement, insurance
agreement, indemnification agreement, or other agreement entered into
under this section, except as may be provided in that agreement.
APPROPRIATIONS
Sec. 310. (a) There are hereby authorized to be appropriated such
sums as may be necessary to carry out this Act, except that nothing in
this Act shall authorize the appropriation of any amount for (1) the acquisition
or condemnation of any real property, or (2) any other item of a capital
nature (such as plant or facility acquisition, construction, or expansion)
which exceeds $250,000.
Sums appropriated pursuant to this subsection
for the construction of facilities, or for research and development activities,
shall remain available until expended.
(b) Any funds appropriated for the construction of facilities may be
used for emergency repairs of existing facilities when such existing facilities
are made inoperative by major breakdown, accident, or other circumstances
and such repairs are deemed by the Administrator to be of greater urgency
than the construction of new facilities.
(c) Notwithstanding any other provision of law, the authorization of
any appropriation to the Administration shall expire (unless an earlier
expiration is specifically provided) at the close of the third fiscal year
following the fiscal year in which the authorization was enacted, to the
extent that such appropriation has not theretofore actually been made.
MISUSE OF AGENCY NAME AND INITIALS
Sec. 311. (a) No person (as defined by section 305) may
(1) knowingly use the words “National Aeronautics and Space Administration” or
the letters “NASA”, or any combination, variation, or colorable imitation of
those words or letters either alone or in combination with other words or letters,
as a firm or business name in a manner reasonably calculated to convey the
impression that such firm or business has some connection with, endorsement
of, or authorization from, the National Aeronautics and Space Ad ministration
which does not, in fact, exist; or
(2) knowingly use those words or letters or any combination, variation, or
colorable imitation thereof either alone or in combination with other words or
letters in connection with any product or service being offered or made available
to the public in a manner reasonably calculated to convey the impression that
such product or service has the authorization, support, sponsorship, or endorsement
of, or the development, use, or manufacture by or on behalf of the National
Aeronautics and Space Administration which does not, in fact, exist.
(b) Whenever it appears to the Attorney General that any person is
engaged in an act or practice which constitutes or will constitute conduct
prohibited by subsection (a), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin such act
or practice.
CONTRACTS REGARDING EXPENDABLE LAUNCH VEHICLES
Sec. 312. (a) The Administrator may enter into contracts for expendable
launch vehicle services that are for periods in excess of the period for
which funds are otherwise available for obligation, provide for the payment
for contingent liability which may accrue in excess of available appropriations
in the event the Government for its convenience terminates such contracts,
and provide for advance payments reasonably related to launch vehicle and
related equipment, fabrication, and acquisition costs, if any such contract
limits the amount of the payments that the Federal Government is allowed
to make under such contract to amounts provided in advance in appropriation
Acts.
Such contracts may be limited to sources within the United
States when the Administrator determines that such limitation is in the
public interest.
(b) If funds are not available to continue any such contract, the contract
shall be terminated for the convenience of the Government, and the costs
of such contract shall be paid from appropriations originally available
for performance of the contract, from other, unobligated appropriations
currently available for the procurement of launch services, or from funds
appropriated for such payments.
FULL COST APPROPRIATIONS ACCOUNT STRUCTURE
Sec. 313. (a)
(1) Appropriations for the Administration for fiscal year 2007
and thereafter shall be made in three accounts, `Science, Aeronautics,
and Education', `Exploration Systems and Space Operations', and an
account for amounts appropriated for the necessary expenses of the
Office of the Inspector General.
(2) Within the Exploration Systems and Space Operations account,
no more than 10 percent of the funds for a fiscal year for Exploration
Systems may be reprogrammed for Space Operations, and no more than 10
percent of the funds for a fiscal year for Space Operations may be
reprogrammed for Exploration Systems. This paragraph shall not apply to
reprogramming for the purposes described in subsection (b)(2).
(3) Appropriations shall remain available for two fiscal years,
unless otherwise specified in law. Each account shall include the
planned full costs of Administration activities.
(b)
(1)To ensure the safe, timely, and successful accomplishment of Administration missions,
the Administration may transfer amounts for Federal salaries and benefits; training,
travel and awards; facility and related costs; information technology services;
publishing services; science, engineering, fabricating and testing services; and
other administrative services among accounts, as necessary.
(2) The Administration may also transfer amounts among accounts
for the immediate costs of recovering from damage caused by a major
disaster (as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) or by an act of
terrorism, or for the immediate costs associated with an emergency
rescue of astronauts.
(c ) The unexpired balances of prior appropriations to the Administration for activities
authorized under this Act may be transferred to the new account established for
such activity in subsection (a). Balances so transferred may be merged with funds
in the newly established account and thereafter may be accounted for as one fund
under the same terms and conditions.
PRIZE AUTHORITY
Sec. 314. (a) In General.--The
Administration may carry out a program to competitively award cash
prizes to stimulate innovation in basic and applied research, technology
development, and prototype demonstration that have the potential for
application to the performance of the space and aeronautical activities
of the Administration. The Administration may carry out a program to
award prizes only in conformity with this section.
(b) Topics.--In selecting topics for prize competitions, the
Administrator shall consult widely both within and outside the Federal
Government, and may empanel advisory committees.
(c) Advertising.--The Administrator shall widely advertise prize
competitions to encourage participation.
(d) Notice. Federal Register, publication. Requirements
and Registration.--For each prize competition, the Administrator shall
publish a notice in the Federal Register announcing the subject of the
competition, the rules for being eligible to participate in the
competition, the amount of the prize, and the basis on which a winner
will be selected.
(e) Eligibility.--To be eligible to win a prize under this
section, an individual or entity--
(1) shall have registered to participate in the
competition pursuant to any rules promulgated by the
Administrator under subsection (d);
(2) shall have complied with all the requirements under
this section;
(3) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen or permanent resident
of the United States; and
(4) shall not be a Federal entity or Federal employee
acting within the scope of their employment.
(f) Liability.--
(1) Registered participants must agree to assume
any and all risks and waive claims against the Federal Government and
its related entities, except in the case of willful misconduct, for any
injury, death, damage, or loss of property, revenue, or profits, whether
direct, indirect, or consequential, arising from their participation in
a competition, whether such injury, death, damage, or loss arises
through negligence or otherwise. For the purposes of this paragraph, the
term `related entity' means a contractor or subcontractor at any tier,
and a supplier, user, customer, cooperating party, grantee,
investigator, or detailee.
(2) Participants must obtain liability insurance or demonstrate
financial responsibility, in amounts determined by the Administrator,
for claims by--
(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the Federal
Government named as an additional insured under the registered
participant's insurance policy and registered participants
agreeing to indemnify the Federal Government against third party
claims for damages arising from or related to competition
activities; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(g) Judges.--For each competition, the Administration, either
directly or through an agreement under subsection (h), shall assemble a
panel of qualified judges to select the winner or winners of the prize
competition on the basis described pursuant to subsection (d). Judges
for each competition shall include individuals from outside the
Administration, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is a
registered participant in a competition; or
(2) have a familial or financial relationship with an
individual who is a registered participant.
(h) Administering the Competition.--The Administrator may enter
into an agreement with a private, nonprofit entity to administer the
prize competition, subject to the provisions of this section.
(i) Funding.--
(1) Prizes under this section may consist of Federal
appropriated funds and funds provided by the private sector for such
cash prizes. The Administrator may accept funds from other Federal
agencies for such cash prizes. The Administrator may not give any
special consideration to any private sector entity in return for a
donation.
(2) Notwithstanding any other provision of law, funds appropriated
for prize awards under this section shall remain available until
expended, and may be transferred, reprogrammed, or expended for other
purposes only after the expiration of 10 fiscal years after the fiscal
year for which the funds were originally appropriated. No provision in
this section permits obligation or payment of funds in violation of the
Anti-Deficiency Act (31 U.S.C. 1341).
(3) No prize may be announced under subsection (d) until all the
funds needed to pay out the announced amount of the prize have been
appropriated or committed in writing by a private source. The
Administrator may increase the amount of a prize after an initial
announcement is made under subsection (d) if--
(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(B) the funds needed to pay out the announced amount of
the increase have been appropriated or committed in writing by a
private source.
(4) Notification. No prize competition under this
section may offer a prize in an amount greater than $10,000,000 unless
30 days have elapsed after written notice has been transmitted to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
(5) No prize competition under this section may result in the
award of more than $1,000,000 in cash prizes without the approval of the
Administrator.
(j) Use of NASA Name and Insignia.--A registered participant in a
competition under this section may use the Administration's name,
initials, or insignia only after prior review and written approval by
the Administration.
(k) Compliance With Existing Law.--The Federal Government shall
not, by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
non-proliferation laws, and related regulations.
ENHANCED-USE LEASE OF REAL PROPERTY DEMONSTRATION
Sec. 315. (a) In general. Notwithstanding any other provision of law, the Administrator
may enter into a lease under this section with any person or entity (including another
department or agency of the Federal Government or an entity of a State or local
government) with regard to any real property under the jurisdiction of the Administrator
at no more than two (2) National Aeronautics and Space Administration (NASA) centers.
(b) Consideration.
(1) A person or entity entering into a lease under this section shall provide
consideration for the lease at fair market value as determined by the Administrator,
except that in the case of a lease to another department or agency of the Federal
Government, that department or agency shall provide consideration for the lease equal
to the full costs to NASA in connection with the lease.
(2) Consideration under this subsection may take one or a combination of the following
forms-
(A) the payment of cash;
(B) the maintenance, construction, modification or improvement of facilities
on real property under the jurisdiction of the Administrator;
(C) the provision of services to NASA, including launch services and payload
processing services; or
(D) use by NASA of facilities on the property.
(3)
(A) The Administrator may utilize amounts of cash consideration received under
this subsection for a lease entered into under this section to cover the full
costs to NASA in connection with the lease. These funds shall remain available
until expended.
(B) Any amounts of cash consideration received under this subsection that
are not utilized in accordance with subparagraph (A) shall be deposited in
a capital asset account to be established by the Administrator, shall be
available for maintenance, capital revitalization, and improvements of the
real property assets of the centers selected for this demonstration program,
and shall remain available until expended.
(c) Additional terms and conditions. The Administrator may require such terms
and conditions in connection with a lease under this section as the Administrator
considers appropriate to protect the interests of the United States.
(d) Relationship to other lease authority. The authority under this section to
lease property of NASA is in addition to any other authority to lease property
of NASA under law.
(e) Lease restriction. NASA is not authorized to lease back property under this
section during the term of the out-lease or enter into other contracts with the
lessee respecting the property.
(f) Plan and reporting requirements. At least 15 days prior to the Administrator
entering into the first lease under this section, the Administrator shall submit
a plan to the Congress on NASA's proposed implementation of this demonstration.
The Administrator shall submit an annual report by January 31st of each year
regarding the status of the demonstration.
RETROCESSION OF JURISDICTION
Sec. 316. (a) Notwithstanding any other
provision of law, the Administrator may relinquish to a State all or
part of the legislative jurisdiction of the United States over lands or
interests under the control of the Administrator in that State.
(b) For purposes of this section, the term `State' means any of
the several States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, and any other commonwealth, territory, or possession of
the United States.
RECOVERY AND DISPOSITION AUTHORITY
Sec. 317. (a) In General.--
(1) Control of remains.--Subject to paragraphs (2) and
(3), when there is an accident or mishap resulting in the death
of a crewmember of a NASA human space flight vehicle, the
Administrator may take control over the remains of the
crewmember and order autopsies and other scientific or medical
tests.
(2) Treatment.--Each crewmember shall provide the
Administrator with his or her preferences regarding the
treatment accorded to his or her remains and the Administrator
shall, to the extent possible, respect those stated preferences.
(3) Construction.--This section shall not be construed to
permit the Administrator to interfere with any Federal
investigation of a mishap or accident.
(b) Definitions.--In this section:
(1) Crewmember.--The term `crewmember' means an astronaut
or other person assigned to a NASA human space flight vehicle.
(2) NASA human space flight vehicle.--The term `NASA human
space flight vehicle' means a space vehicle, as defined in
section 308(f)(1), that
(A) is intended to transport 1 or more persons;
(B) is designed to operate in outer space; and
(C) is either owned by NASA, or owned by a NASA
contractor or cooperating party and operated as part of
a NASA mission or a joint mission with NASA.
TITLE IV--UPPER ATMOSPHERIC RESEARCH
PURPOSE AND POLICY
Sec. 401. (a) The purpose of this title is to authorize and direct
the Administration to develop and carry out a comprehensive program of
research, technology, and monitoring of the phenomena of the upper atmosphere
so as to provide for an understanding of and to maintain the chemical and
physical integrity of the Earth's upper atmosphere.
(b) The Congress declares that is the policy of the United States to
undertake an immediate and appropriate research, technology, and monitoring
program that will provide for understanding the physics and chemistry of
the Earth's upper atmosphere.
DEFINITIONS
Sec. 402. For the purpose of this title the term "upper atmosphere"
means that portion of the Earth's sensible atmosphere above the troposphere.
PROGRAM AUTHORIZED
Sec. 403. (a) In order to carry out the purposes of this title the
Administration in cooperation with other Federal agencies, shall initiate
and carry out a program of research, technology, monitoring, and other
appropriate activities directed to understand the physics and chemistry
of the upper atmosphere.
(b) In carrying out the provisions of this title the Administration
shall--
(1) arrange for participation by the scientific and engineering community,
of both the Nation's industrial organizations and institutions of higher
education, in planning and carrying out appropriate research, in developing
necessary technology and in making necessary observations and measurements;
(2) provide, by way of grant, contract, scholarships or other arrangements,
to the maximum extent practicable and consistent with other laws, for the
widest practicable and appropriate participation of the scientific and
engineering community in the program authorized by this title; and
(3) make all results of the program authorized by this title available
to the appropriate regulatory agencies and provide for the widest practicable
dissemination of such results.
INTERNATIONAL COOPERATION
Sec. 404. In carrying out the provisions of this title, the Administration,
subject to the direction of the President and after consultation with
the Secretary of State, shall make every effort to enlist the support
and cooperation of appropriate scientists and engineers of other countries
and international organizations.
As amended through Pub. L. 109-155, 119 Stat. 2895, (Dec. 30, 2005)
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