From: http://www.nasa.gov/offices/ogc/about/space_act1.html
The
National Aeronautics and Space Act
Pub. L. No. 85-568
72 Stat. 426 (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
Be it enacted by
the Senate and House of Representatives of the
Sec. 101. This Act may be cited as the "National Aeronautics and Space Act of 1958."
Sec. 102. (a) The Congress hereby declares that it is
the policy of the
(b) The Congress declares that the general welfare and security of the
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
(d) The aeronautical and space activities of the
(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
(f) The Congress declares that the general welfare of the
(g) The Congress declares that the general welfare and security of the
(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).
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.
[Sec. 201. (a) There is hereby established the National Aeronautics and Space Council...]
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.
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
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.
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.
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.
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 proposed action.
Sec. 208. [Donations For Space Shuttle Orbiter] authority expired.
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.
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.
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 withholding 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.
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
(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
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 Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office
(hereafter in this section referred to as the "Director") to have
significant utility in the conduct of aeronautical and space activities unless
the applicant files with the Director, with the application or within thirty
days after request therefor by the Director, 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 Director to the Administrator.
(d) Upon any application as to which any such statement has been transmitted to
the Administrator, the Director 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 Director, the Director 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 the 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 Director a request for
the transfer to the Administrator of title to such patent on the records of the
Director.
Notice of any such request shall be transmitted by the Director 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 the 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
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
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) [Repealed]
(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
(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 the 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.
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.
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
(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.
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
(2) control of or assistance in the defense by the
(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.
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
(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) Cooperating 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
(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
(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.
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.
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 Administration 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
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
(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.
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.
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) 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) 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.
Sec. 315. (a) In general. 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 non-excess real property and related personal
property under the jurisdiction of the Administrator.
(b) Consideration.
(1) A person or entity entering
into a lease under this section shall provide cash consideration for the lease
at fair market value as determined by the Administrator.
(2)
(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 capital revitalization and construction projects and improvements of real
property assets and related personal property under the jurisdiction of the
Administrator, and shall remain available until expended.
(C) Amounts utilized under subparagraph (B) may not be utilized for daily
operating costs.
(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
(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 Restrictions.--
(1) 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.
(2) NASA is not authorized to enter into an out-lease under this section unless
the Administrator certifies that such out-lease will not have a negative impact
on NASA’s mission.
(f) Sunset.—The authority to enter into leases under this section shall expire on the date that is ten years after the date of the enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2008. The expiration under this subsection of authority to enter into leases under this section shall not affect the validity or term of leases or NASA’s retention of proceeds from leases entered into under this section before the date of the expiration of such authority.
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
(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.
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.
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
Sec. 402. For the purpose of this title the term "upper atmosphere" means that portion of the Earth's sensible atmosphere above the troposphere.
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.
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. 110-161, 121 Stat.
1844, (Dec. 26, 2007)