The National Aeronautics and Space Act
Pub. L. No. 85 568,
72 Stat. 426 438 (Jul. 29, 1958)
As Amended
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) It is the purpose of this Act to carry out and effectuate the policies
declared in subsections (a), (b), (c), (d), (e), and (f).
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.
CIVILIAN MILITARY LIAISON COMMITTEE
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
subcontactor 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 subcontactors 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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