'Amateur Astronomy'. The National Aeronautics and Space Act

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The National Aeronautics and Space Act

(this text like published on the site of NASA)

(texte en anglais seulement; texte publié sur le site de la NASA)

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. Lease Of Non-Excess Property

Section 316. Retrocession of Jurisdiction

Section 317. Recovery and Disposition Authority

TITLE IV--UPPER ATMOSPHERIC RESEARCH PURPOSE AND POLICY

Section 401. Purpose and Policy

Section 402. Definitions

Section 403. Program Authorized

Section 404. International Cooperation

AN ACT

To provide for research into problems of flight within and outside the earth's

atmosphere, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled,

TITLE I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS

SHORT TITLE

Sec. 101. This Act may be cited as the "National Aeronautics and Space Act of

1958."

DECLARATION OF POLICY AND PURPOSE

Sec. 102. (a) The Congress hereby declares that it is the policy of the

United States that activities in space should be devoted to peaceful purposes

for the benefit of all mankind.

(b) The Congress declares that the general welfare and security of the United

States require that adequate provision be made for aeronautical and space

activities.

The Congress further declares that such activities shall be the responsibility

of, and shall be directed by, a civilian agency exercising control over

aeronautical and space activities sponsored by the United States, except that

activities peculiar to or primarily associated with the development of weapons

systems, military operations, or the defense of the United States (including

the research and development necessary to make effective provision for the

defense of the United States) shall be the responsibility of, and shall be

directed by, the Department of Defense; and that determination as to which

such agency has responsibility for and direction of any such activity shall be

made by the President in conformity with section 2471(e).

requires that the National Aeronautics and Space Administration (as

established by title II of this Act) seek and encourage, to the maximum extent

possible, the fullest commercial use of space.

(d) The aeronautical and space activities of the United States shall be

conducted so as to contribute materially to one or more of the following

objectives:

(1) The expansion of human knowledge of the Earth and of phenomena in the

atmosphere and space;

(2) The improvement of the usefulness, performance, speed, safety, and

efficiency of aeronautical and space vehicles;

(3) The development and operation of vehicles capable of carrying

instruments, equipment, supplies, and living organisms through space;

(4) The establishment of long-range studies of the potential benefits to be

gained from, the opportunities for, and the problems involved in the

utilization of aeronautical and space activities for peaceful and scientific

purposes;

(5) The preservation of the role of the United States as a leader in

aeronautical and space science and technology and in the application thereof

to the conduct of peaceful activities within and outside the atmosphere;

(6) The making available to agencies directly concerned with national

defense of discoveries that have military value or significance, and the

furnishing by such agencies, to the civilian agency established to direct

and control nonmilitary aeronautical and space activities, of information as

to discoveries which have value or significance to that agency;

(7) Cooperation by the United States with other nations and groups of

nations in work done pursuant to this Act and in the peaceful application of

the results thereof;

(8) The most effective utilization of the scientific and engineering

resources of the United States, with close cooperation among all interested

agencies of the United States in order to avoid unnecessary duplication of

effort, facilities, and equipment; and

(9) The preservation of the United States preeminent position in aeronautics

and space through research and technology development related to associated

manufacturing processes.

(e) The Congress declares that the general welfare of the United States

requires that the unique competence in scientific and engineering systems of

the National Aeronautics and Space Administration also be directed toward

ground propulsion systems research and development. Such development shall be

conducted so as to contribute to the objectives of developing energy- and

petroleum-conserving ground propulsion systems, and of minimizing the

environmental degradation caused by such systems.

(f) The Congress declares that the general welfare of the United States

requires that the unique competence of the National Aeronautics and Space

Administration in science and engineering systems be directed to assisting in

bioengineering research, development, and demonstration programs designed to

alleviate and minimize the effects of disability.

(g) The Congress declares that the general welfare and security of the United

States require that the unique competence of the National Aeronautics and

Space Administration be directed to detecting, tracking, cataloging, and

characterizing near-Earth asteroids and comets in order to provide warning and

mitigation of the potential hazard of such near-Earth objects to the Earth.

(h) It is the purpose of this Act to carry out and effectuate the policies

declared in subsections (a), (b), (c), (d), (e), (f), and (g).

DEFINITIONS

Sec. 103. As used in this Act--

(1) the term "aeronautical and space activities" means

(A) research into, and the solution of, problems of flight within and

outside the Earth's atmosphere,

(B) the development, construction, testing, and operation for research

purposes of aeronautical and space vehicles,

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.

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.

(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.

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 proposed action.

DONATIONS FOR SPACE SHUTTLE ORBITER

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."

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.

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

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.

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:

"Â§ 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:

"Â§ 799. Violation of regulations of National Aeronautics and Space

Administration."

(d) Section 1114 of title 18 of the United States Code is amended by inserting

immediately before "while engaged in the performance of his official duties"

the following: "or any officer or employee of the National Aeronautics and

Space Administration directed to guard and protect property of the United

States under the administration and control of the National Aeronautics and

Space Administration,".

(e) The Administrator may direct such of the officers and employees of the

Administration as he deems necessary in the public interest to carry firearms

while in the conduct of their official duties. The Administrator may also

authorize such of those employees of the contractors and subcontractors of the

Administration engaged in the protection of property owned by the United

States and located at facilities owned by or contracted to the United States

as he deems necessary in the public interest, to carry firearms while in the

conduct of their official duties.

(f) Under regulations to be prescribed by the Administrator and approved by

the Attorney General of the United States, those employees of the

Administration and of its contractors and subcontractors authorized to carry

firearms under subsection (e) may arrest without warrant for any offense

against the United States committed in their presence, or for any felony

cognizable under the laws of the United States if they have reasonable grounds

to believe that the person to be arrested has committed or is committing such

felony. Persons granted authority to make arrests by this subsection may

exercise that authority only while guarding and protecting property owned or

leased by, or under the control of, the United States under the administration

and control of the Administration or one of its contractors or subcontractors,

at facilities owned by or contracted to the Administration.

PROPERTY RIGHTS IN INVENTIONS

Sec. 305. (a) Whenever any invention is made in the performance of any work

under any contract of the Administration, and the Administrator determines

that--

(1) the person who made the invention was employed or assigned to perform

research, development, or exploration work and the invention is related to

the work he was employed or assigned to perform, or that it was within the

scope of his employment duties, whether or not it was made during working

hours, or with a contribution by the Government of the use of Government

facilities, equipment, materials, allocated funds, information proprietary

to the Government, or services of Government employees during working hours;

(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.

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 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) [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 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 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.

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.

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.

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.â€"

(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.â€"

(A) A developer shall obtain liability insurance or demonstrate financial

responsibility in amounts to compensate for the maximum probable loss from

claims byâ€"

(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.â€"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 Administratorâ€™s determination

and the applicable amount or amounts in the Federal Register within 10

days after making the determination.

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.â€"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.â€"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.

(1) Administrator Authorized to Waive.â€"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.â€"

(A) Claims.â€"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

personâ€™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.â€"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 personâ€™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.

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 personâ€™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.â€"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.â€"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.â€"In this section:

(1) Cooperating Party.â€"The term â€œcooperating partyâ€ 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.â€"The term â€œdeveloperâ€ 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

(3) Experimental Aerospace Vehicle.â€"The term â€œexperimental aerospace

vehicleâ€ 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.â€"The term â€œrelated entityâ€ includes a contractor or

subcontractor at any tier, a supplier, a grantee, and an investigator or

detailee.

(e) Relationship to Other Laws.â€"

(1) Section 308.â€"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.â€"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.â€"

(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.â€"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.

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 â€œNational Aeronautics and Space Administrationâ€

or the letters â€œNASAâ€, 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 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. The Administrator shall give consideration to

prize goals such as the demonstration of the ability to provide energy to the

lunar surface from space-based solar power systems, demonstration of

innovative near-Earth object survey and deflection strategies, and innovative

approaches to improving the safety and efficiency of aviation systems.

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 $50,000,000 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.

LEASE OF NON-EXCESS PROPERTY

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.

operating costs.

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 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 NASAâ€™s mission.

(f) Reporting Requirements.â€"The Administrator shall submit an annual report by

January 31st of each year. Such report shall include the following:

(1) Information that identifies and quantifies the value of the arrangements

and expenditures of revenues received under this section.

(2) The availability and use of funds received under this section for the

Agency's operating plan.

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

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. 110-161, 121 Stat. 1844, (Dec. 26, 2007)

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