US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC2473]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                   CHAPTER 26--NATIONAL SPACE PROGRAM
 
    SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
 
Sec. 2473. Functions of Administration


(a) Planning, directing and conducting aeronautical and space 
        activities; participation by scientific community; dissemination 
        of information

    The Administration, in order to carry out the purpose of this 
chapter, 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) Research, development, etc., in ground propulsion technologies and 
        solar heating and cooling technologies

    (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 2503 through 2509 of title 
15.
    (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 5503, 5504, and 
5507 of this title.

(c) Powers of Administration in performance of its functions

    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 
    chapter 51 and subchapter III of chapter 53 of title 5, 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, 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, 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 section 8141 of title 40; 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;\1\ 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;
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (4) to accept unconditional gifts or donations of services, 
    money, or property, real, personal, or mixed, tangible or 
    intangible;
        (5) without regard to section 3324(a) and (b) of title 31, 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 purpose of this chapter, 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 chapter 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, 
    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 1302 of 
    title 40, 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 chapter 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.

(Pub. L. 85-568, title II, Sec. 203, July 29, 1958, 72 Stat. 429; Pub. 
L. 86-20, May 13, 1959, 73 Stat. 21; Pub. L. 86-481, Sec. 5, June 1, 
1960, 74 Stat. 153; Pub. L. 87-367, title II, Sec. 206(a), Oct. 4, 1961, 
75 Stat. 791; Pub. L. 87-584, Sec. 6, Aug. 14, 1962, 76 Stat. 384; Pub. 
L. 87-793, Sec. 1001(f), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, 
title III, Sec. 306(d), Aug. 14, 1964, 78 Stat. 429; Pub. L. 88-448, 
title IV, Sec. 402(a)(34), Aug. 10, 1964, 78 Stat. 495; Pub. L. 91-646, 
title II, Sec. 220(a)(2), Jan. 2, 1971, 84 Stat. 1903; Pub. L. 93-74, 
Sec. 6, July 23, 1973, 87 Stat. 174; Pub. L. 93-316, Sec. 6, June 22, 
1974, 88 Stat. 243; Pub. L. 93-409, Sec. 4, Sept. 3, 1974, 88 Stat. 
1070; Pub. L. 94-413, Sec. 15(c), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 
95-401, Sec. 6, Sept. 30, 1978, 92 Stat. 860; Pub. L. 96-48, Sec. 6(a), 
Aug. 8, 1979, 93 Stat. 348; Pub. L. 101-611, title I, Sec. 107, Nov. 16, 
1990, 104 Stat. 3197.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (c)(5), (8), (12), was 
in the original ``this Act'', meaning Pub. L. 85-568, July 29, 1958, 72 
Stat. 426, as amended, known as the National Aeronautics and Space Act 
of 1958. For complete classification of this Act to the Code, see Short 
Title note set out under section 2451 of this title and Tables.
    The civil-service laws, referred to in subsec. (c)(2), are set forth 
in Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.
    The General Schedule, referred to in subsec. (c)(2), is set out 
under section 5332 of Title 5.
    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (c)(3), is act June 30, 1949, ch. 288, 
63 Stat. 377, as amended. Except for title III of the Act, which is 
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of 
Title 41, Public Contracts, the Act was repealed and reenacted by Pub. 
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as 
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.

                          Codification

    In subsec. (c)(2), ``chapter 51 and subchapter III of chapter 53 of 
title 5'' substituted for ``the Classification Act of 1949, as amended'' 
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, 
the first section of which enacted Title 5, Government Organization and 
Employees.
    In subsec. (c)(3), ``section 8141 of title 40'' substituted for 
``the Act of March 3, 1877 (40 U.S.C. 34)'' and, in subsec. (c)(11), 
``section 1302 of title 40'' substituted for ``section 321 of the Act of 
June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)'', on authority of Pub. L. 
107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of 
which enacted Title 40, Public Buildings, Property, and Works.
    In subsec. (c)(5), ``section 3324(a) and (b) of title 31'' 
substituted for ``section 3648 of the Revised Statutes, as amended (31 
U.S.C. 529)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 
96 Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.


                               Amendments

    1990--Subsec. (a)(4), (5). Pub. L. 101-611 added pars. (4) and (5).
    1979--Subsec. (c)(13). Pub. L. 96-48 substituted ``$25,000'' for 
``$5,000''.
    1978--Subsec. (b). Pub. L. 95-401 designated existing provisions as 
par. (1) and redesignated provisions set out in text as the second 
subsec. (c), relating to research, development, etc., in solar heating 
and cooling technologies, as par. (2).
    Subsec. (c). Pub. L. 95-401 redesignated subsec. (c), relating to 
research, development, etc., in solar heating and cooling technologies, 
as subsec. (b)(2).
    1976--Subsec. (b). Pub. L. 94-413 added subsec. (b). Former subsec. 
(b) was redesignated (c) and was set out in text as the second subsec. 
(c).
    Subsec. (c). Pub. L. 94-413 redesignated former subsec. (b), 
relating to research, development, etc., in solar heating and cooling 
technologies, as (c) set out in text as the second subsec. (c).
    1974--Subsec. (b). Pub. L. 93-409 added subsec. (b), and 
redesignated former subsec. (b) as (c) set out first.
    Subsec. (b)(9). Pub. L. 93-316 substituted ``section 3109 of title 
5, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for GS-18'' for ``section 15 of the Act of August 
2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for 
individuals''.
    Subsec. (c). Pub. L. 93-409 redesignated former subsec. (b) as (c).
    1973--Subsec. (b)(11). Pub. L. 93-74 added par. (11).
    1971--Subsec. (b)(14). Pub. L. 91-646 repealed provisions of 
paragraph for Administration authorization for reimbursement of owners 
and tenants of land and interests in land acquired on or after Nov. 1, 
1961, by the United States for Administration use for expenses and 
damages incurred by such owners and tenants as result of moving 
themselves, their families, and their possessions because of said 
acquisition, limitation on amount, and time for submission of 
applications. See section 4601 et seq. of this title.
    1964--Subsec. (b)(2). Pub. L. 88-426 struck out provisions from cl. 
(A) which permitted the Administrator to fix compensation at not more 
than $21,000 for a maximum of thirty positions and provisions which 
related to the filling of positions prior to Mar. 1, 1962, and July 1, 
1962.
    Subsec. (b)(11). Pub. L. 88-448 repealed former par. (11) which 
authorized the employment of retired commissioned officers.
    1962--Subsec. (b). Pub. L. 87-793 substituted ``(at not to exceed 
the highest rate of grade 18 of the General Schedule, or for a maximum 
of thirty positions, not to exceed $21,000 a year) of'' for ``(up to a 
limit of $19,000 a year, or up to a limit of $21,000 a year for a 
maximum of thirty positions) of'', in par (2).
    Subsec. (b)(14). Pub. L. 87-584 added par. (14).
    1961--Subsec. (b)(2). Pub. L. 87-367 substituted ``thirty'' for 
``thirteen'' and ``four hundred and twenty-five (of which not to exceed 
three hundred and fifty-five may be filled prior to March 1, 1962 and 
not to exceed three hundred and ninety may be filed prior to July 1, 
1962)'' for ``two hundred and ninety''.
    1960--Subsec. (b)(2). Pub. L. 86-481 substituted ``thirteen'' for 
``ten'' and ``two hundred and ninety'' for ``two hundred and sixty''.
    1959--Subsec. (b)(3). Pub. L. 86-20 authorized the Administration to 
acquire, by lease or otherwise, buildings or parts of buildings in the 
District of Columbia for a period of not more than 10 years.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-48 effective Oct. 1, 1979, see section 6(c) 
of Pub. L. 96-48, set out as an Effective Date note under section 2458b 
of this title.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 91-646 effective Jan. 2, 1971, see section 221 
of Pub. L. 91-646, set out as an Effective Date note under section 4601 
of this title.


                    Effective Date of 1964 Amendments

    Amendment by Pub. L. 88-448 effective on first day of first month 
which begins later than the ninetieth day following Aug. 19, 1964, see 
section 403 of Pub. L. 88-448.
    Amendment by Pub. L. 88-426 effective on first day of first pay 
period which begins on or after July 1, 1964, except to the extent 
provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 
88-426.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-793 effective on first day of first pay 
period which begins on or after Oct. 11, 1962, see section 1008 of Pub. 
L. 87-793.


                            Savings Provision

    Any rights or liabilities existing under provisions repealed by 
section 220(a) of Pub. L. 91-646 as not affected by such repeal, see 
section 220(b) of Pub. L. 91-646, set out as a note under section 4621 
of this title.

                       Office of Inspector General

    Functions, powers, and duties of Management Audit Office and Office 
of Inspections and Security in National Aeronautics and Space 
Administration transferred to Office of Inspector General in National 
Aeronautics and Space Administration by section 9(a)(1)(L) of the 
Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix 
to Title 5, Government Organization and Employees, section 2 of which 
established such Office of Inspector General.


                Notice of Reprogramming or Reorganization

    Pub. L. 106-391, title III, Sec. 311, Oct. 30, 2000, 114 Stat. 1594