|
II-COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
NATIONAL AERONAUTICS AND SPACE COUNCIL
[Sec. 201. (A) There is hereby established, in the Executive
Office of the President, the National Aeronautics and Space Council. .
. .]5
| SEC. 202.6 |
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
| (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. |
FUNCTIONS OF THE ADMINISTRATION
| (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; and |
| (3) |
provide for the widest practicable and appropriate dissemination
of information concerning its activities and the results
thereof: |
|
| (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 1976.7 |
| (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 1974.8 |
|
| (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 highest rate of grade 18 of the General Schedule
of the Classification Act of 1949, as amended, and 9
(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); 10
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;11 |
| (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
|
| (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 13
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;14 and[14]
Repealed.15 |
|
|
|
SEC. 204. [Civilian-Military Liaison Committee] abolished 16
| SEC. 205. |
INTERNATIONAL COOPERATION
The Administration, under the foreign policy guidance of the President,
may engage in a program of international cooperation in work done
pursuant to this 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.17 |
| SEC. 206. |
REPORTS TO CONGRESS
| (a) |
The President shall transmit to the Congress in January 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 calendar 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.18 |
|
| SEC. 305. |
PROPERTY RIGHTS IN INVENTIONS
| (a) |
Whenever any invention is made in the performance of any work
under any contract of the Administration, and the Administrator
determines that-
| (1) |
the person who made the invention was employed or assigned
to perform research, development, or exploration work
and the invention is related to the work he was employed
or assigned to perform, or that it was within the scope
of his employment duties, whether or not it was made during
working hours, or with a contribution by the Government
of the use of Government facilities, equipment, materials,
allocated funds, information proprietary to the Government,
or services of Government employees during working hours;
or |
| (2) |
the person who made the invention was not employed or
assigned to perform research, development, or exploration
work, but the invention is nevertheless related to the
contract, or to the work or duties he was employed or
assigned to perform, and was made during working hours,
or with a contribution from the Government of the sort
referred to in clause (1), such invention shall be the
exclusive property of the United States, and if such invention
is patentable a patent therefor shall be issued to the
United States upon application made by the Administrator,
unless the Administrator waives all or any part of the
rights of the United States to such invention in conformity
with the provisions of subsection (f) of this section.
|
|
| (b) |
Each contract entered into by the Administrator with any party
for the performance of any work shall contain effective provisions
under which such party shall furnish promptly to the Administrator
a written report containing full and complete technical information
concerning any invention, discovery, improvement, or innovation
which may be made in the performance of any such work. |
| (c) |
. No patent may be issued to any applicant other than the
Administrator for any invention which appears to the Commissioner
of Patents to have significant utility in the conduct of aeronautical
and space activities unless the applicant files with the Commissioner,
with the application or within thirty days after request therefor
by the Commissioner, a written statement executed under oath
setting forth the full facts concerning the circumstances under
which such invention was made and stating the relationship (if
any) of such invention to the performance of any work under
any contract of the Administration. Copies of each such statement
and the application to which it relates shall be transmitted
forthwith by the Commissioner to the Administrator. |
| (d) |
Upon any application as to which any such statement has been
transmitted to the Administrator, the Commissioner may, if the
invention is patentable, issue a patent to the applicant unless
the Administrator, within ninety days after receipt of such
application and statement, requests that such patent be issued
to him on behalf of the United States. If, within such time,
the Administrator files such a request with the Commissioner,
the Commissioner shall transmit notice thereof to the applicant,
and shall issue such patent to the Administrator unless the
applicant within thirty days after receipt of such notice requests
a hearing before a Board of Patent 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 26 in accordance
with procedures governing appeals from decisions of the Board
of Patent Interferences in other proceedings. |
| (e) |
Whenever any patent has been issued to any applicant in conformity
with subsection (d), and the Administrator thereafter has reason
to believe that the statement filed by the applicant in connection
therewith contained any false representation of any material
fact, the Administrator within five years after the date of
issuance of such patent may file with the Commissioner a request
for the transfer to the Administrator of title to such patent
on the records of the Commissioner. Notice of any such request
shall be transmitted by the Commissioner to the owner of record
of such patent, and title to such patent shall be so transferred
to the Administrator unless within thirty days after receipt
of such notice such owner of record requests a hearing before
a Board of Patent 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, nontransferrable, royalty-free
license for the practice of such invention throughout the world
by or on behalf of the United States or any foreign government
pursuant to any treaty or agreement with the United States.
Each proposal for any waiver under this subsection shall be
referred to an Inventions and Contribution Board which shall
be established by the Administrator within the Administration.
Such Board shall accord to each interested party an opportunity
for hearing, and shall transmit to the Administrator its findings
of fact with respect to such proposal and its recommendations
for action to be taken with respect thereto. |
| [(g)] deleted 27
|
| (h) |
The Administrator is authorized to take all suitable and necessary
steps to protect any invention or discovery to which he has
title, and to require that contractors or persons who retain
title to inventions or discoveries under this section protect
the inventions or discoveries to which the Administration has
or may acquire a license of use. |
| (i) |
The Administration shall be considered a defense agency of
the United States for the purpose of chapter 17 of title 35
of the United States Code. |
| (j) |
As used in this section-
| (1) |
the term "person" means any individual, partnership,
corporation, association, institution, or other entity; |
| (2) |
the term "contract" means any actual or proposed contract,
agreement, understanding, or other arrangement, and includes
any assignment, substitution of parties, or subcontract
executed or entered into thereunder; and |
| (3) |
the term "made", when used in relation to any invention,
means the conception or first actual reduction to practice
of such invention. |
|
| (k) |
Any object intended for launch, launched, or assembled in
outer space shall be considered a vehicle for purpose of section
272 of title 35; United States Code [35 U.S.C. 272].28 |
| (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
(28 U.S.C. 1498(a)) unless the Administration gives an express
authorization or consent for such use or manufacture.29 |
|
| SEC. 308. |
INSURANCE AND INDEMNIFICATION31
| (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 (42 USCS §2473(c)). |
| (b) |
Under such regulations in conformity with this section as
the Administrator shall prescribe taking into account the availability,
cost and terms of liability insurance, any agreement between
the Administration and a user of a space vehicle may provide
that the United States will indemnify the user against claims
(including reasonable expenses of litigation or settlement)
by third parties for death, bodily injury, or loss of or damage
to property resulting from activities carried on in connection
with the launch, operations or recovery of the space vehicle,
but only to the extent that such claims are not compensated
by liability insurance of the user: Provided, That such indemnification
may be limited to claims resulting from other than the actual
negligence or willful misconduct of the user. |
| (c) |
An agreement made under subsection (b) that provides indemnification
must also provide for-
| (1) |
notice to the United States of any claim or suit against
the user for the death, bodily injury, or loss of or damage
to the property; and |
| (2) |
control of or assistance in the defense by the United
States, at its election, of that suit or claim. |
|
| (d) |
No payment may be made under subsection (b) unless the Administrator
or his designee certifies that the amount is just and reasonable. |
| (e) |
Upon the approval by the Administrator, payments under subsection
(b) may be made, at the Administrator's election, either from
funds available for research and development not otherwise obligated
or from funds appropriated for such payments. |
| (f) |
As used in this section-
| (1) |
the term "space vehicle" means an object intended for
launch, launched or assembled in outer space, including
the Space Shuttle and other components of a space transportation
system, together with related equipment, devices, components
and parts; |
| (2) |
the term "user" includes anyone who enters into an agreement
with the Administration for use of all or a portion of
a space vehicle, who owns or provides property to be flown
on a space vehicle, or who employs a person to be flown
on a space vehicle; and |
| (3) |
the term "third party" means any person who may institute
a claim against a user for death, bodily injury or loss
of or damage to property. |
|
|
(footnote)
| 5 |
Reorganization Plan No. 1 of 1973, 38 Federal Register 9579, April
18, 1973 (87 Stat. 1089), abolished the National Aeronautics and Space
Council together with its functions, effective July 1, 1973. |
| 6 |
The Federal Executive Salary Act of 1964, Public Law 88-426, August
14, 1964, section 305 (12), (78 Stat. 423), repealed the language
in Sec. 202 (72 Stat. 429) fixing the compensation of the Administrator
and Deputy Administrator at per annum rates of $22,500 and $21,500
respectively. In lieu thereof, the positions of Administrator and
Deputy Administrator were placed in level II and level III, respectively,
of the Federal Executive Salary Schedule. In addition, the Federal
Executive Salary Act of 1964 placed ten other NASA positions in designated
levels of the Federal Executive Salary Schedule (78 Stat. 416, as
amended, 5 U.S.C. 5311-5317). See Appendix A, Sec. II. 1, at p. 26. |
| 7 |
The "Electric and Hybrid Vehicle Research, Development, and Demonstration
Act of 1976," Public Law 94-413, September 17, 1976, section 15 (90
Stat. 1270) added this new subsection. Subsections b (1) and (2) were
relettered by the "National Aeronautics and Space Administration Authorization
Act, 1979<" Public Law 95-401, September 30, 1978, Section 6 (92 Stat.
860), to correct a mislettering which resulted from the enactment
of Public Law 94-413. |
| 8 |
The "Solar Heating and Cooling Demonstration Act of 1974," Public
Law 93-409, September 3, 1974, section 4 (88 Stat. 1070), added this
new subsection. See Appendix A, sec. VIII, 1, at p. 86. |
| 9 |
Section 414(a)(2) of the "Civil Service Reform Act of 1978," Public
Law 95-454, October 13, 1978 (92 Stat. 1177) terminated the authority
of any agency (other than pursuant to 5 U.S.C. 3104 -see Appendix
A, Sec. II, 3, at p. 26) to establish scientific or professional positions
outside the General Schedule. |
| 10 |
40 U.S.C. 34 provides that "no contract shall be made for the rent
of any building . . . to be used for the purposes of the Government
in the District of Columbia, until an appropriation therefor shall
have been made in terms by Congress. . . ." The authority of NASA
to lease buildings in the District of Columbia was added to section
203(c)(3) by Public Law 86-20, May 13, 1959 (73 Stat. 21), to remedy
the peculiar situation at that time where the Agency had the money
but no authority, and GSA had the authority but no money, to provide
the Agency with its own office space. |
| 11 |
Previous language authorizing pay not to exceed $100 per diem was
amended to read as stated above by the "National Aeronautics and Space
Administration Authorization Act, 1975," Public Law 93-316, June 22,
1974, Section 6 (88 Stat. 243). |
| 12 |
The "National Aeronautics and Space Administration Authorization
Act, 1974," Public Law 93-74, July 23, 1973, section 6 (87 Stat. 174)
added paragraph 11. Previously, Title IV, section 402 (a)(34) of the
Dual Compensation Act (Public Law 88-448, August 19, 1964, 78 Stat.
495) repealed the original section 203 (b)(11), 72 Stat. 431, which
had authorized NASA "to employ retired commissioned officers of the
armed forces of the United States and compensate them at the rate.
. . ." |
| 13 |
The "National Aeronautics and Space Administration Authorization
Act, 1980," Public Law 96-48, August 8, 1979, section 6(a), (93 Stat.
348) substituted "$25,000" for "$5,000" each place it appeared. |
| 14 |
NASA, like other Federal Agencies, can settle claims under the Federal
Tort Claims Act as amended (28 U.S.C. 2671-2680). |
| 15 |
The "Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970," Public Law 91-646, January 2, 1971, section
220(a)(2), (84 Stat. 1903), repealed section 203(b)(14) which had
dealt with relocation assistance and had been added by the "National
Aeronautics and Space Administration Authorization Act, 1963," Public
Law 87-585, August 14, 1962, section 6 (76 Stat. 384). |
| 16 |
This section has been omitted since the Committee was abolished
and its functions, together with the function of its chairman and
other officers, were transferred to the President by Reorganization
Plan No. 4 of 1965, effective July 27, 1965 (30 Federal Register 9253,
July 28, 1965, 79 Stat. 1319). |
| 17 |
President Eisenhower, upon the signing of the National Aeronautics
and Space Act of 1958, singled out and made the following statement
about section 205: "I regard this section merely as recognizing that
international treaties may be made in this field, and as not precluding,
in appropriate cases, less formal arrangements for cooperation. To
construe the section otherwise would raise substantial constitutional
questions." |
| 18 |
The "National Aeronautics and Space Administration Authorization
Act, 1972," Public law 92-68, August 6, 1971, section 7 (85 Stat.
177), repealed the original subsection (a) of section 206 and releterred
the remaining subsections (b), (c) and (d) as (a), (b) and (c). |
| 26 |
The "Federal Courts Improvement Act of 1982," Public Law 97-164,
April 2, 1982, Title I, section 162(3), (96 Stat: 49) substituted
"United States Courts of Appeals for the Federal Circuit" for "Court
of Customs and Patent Appeals." |
| 27 |
The "Small Business and University Patent Procedures Act," Public
Law 95-517, December 12, 1980, section 7(b), (94 Stat. 3027) deleted
subsection (g) which authorized the Administrator to promulgate regulations
for the granting of licenses for NASA patents. Section 8(f) of the
Act provided that such deletion was effective on July 1, 1981. |
| 28 |
The "National Aeronautics and Space Administration Authorization
Act, 1982," Public Law 97-96, December 21, 1981, section 7 (95 Stat.
1210) added this subsection. |
| 29 |
Idem. |
| 30 |
A law, "Medical Malpractice-Actions Against U.S.," Public Law 94-464,
October 8, 1976, section 3 (90 Stat. 1988), added this new section
307 and redesignated old section 307 as section 308. |
| 31 |
The "National Aeronautics and Space Administration Authorization
Act, 1980," Public Law 96-48, August 8, 1979, section 6(b), (93 Stat.
348) added new section 308 and redesignated old section 308 as section
309. Section 6(c) of that act provided that the amendment would be
effective October 1, 1979. |
 |
 |
|
