51 U.S.C. § 20136 — Contributions awards

Page 34 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20136 such terms and under such conditions as the Ad- ministrator 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, non- exclusive, 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 pro- posal for any waiver under this subsection shall be referred to an Inventions and Contributions Board which shall be established by the Admin- istrator within the Administration. Such Board shall accord to each interested party an oppor- tunity for hearing, and shall transmit to the Ad- ministrator its findings of fact with respect to such proposal and its recommendations for ac- tion to be taken with respect thereto. (h) PROTECTION OF TITLE.—The Administrator is authorized to take all suitable and necessary steps to protect any invention or discovery to which the Administrator has title, and to re- quire contractors or persons who retain title to inventions or discoveries under this section to protect the inventions or discoveries to which the Administration has or may acquire a license of use. (i) ADMINISTRATION AS DEFENSE AGENCY.—The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35. (j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, OR ASSEMBLED IN OUTER SPACE.—Any object in- tended for launch, launched, or assembled in outer space shall be considered a vehicle for the purpose of section 272 of title 35. (k) USE OR MANUFACTURE OF PATENTED INVEN- TIONS INCORPORATED IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN UNITED STATES.—The use or manufacture of any pat- ented 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, unless the Administration gives an express authorization or consent for such use or manufacture. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339; Pub. L. 112–29, § 7(d)(2), Sept. 16, 2011, 125 Stat. 315.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20135 .......... 42 U.S.C. 2457. Pub. L. 85–568, title III, § 305, July 29, 1958, 72 Stat. 435; Pub. L. 96–517, § 7(b), Dec. 12, 1980, 94 Stat. 3027; Pub. L. 97–96, § 7, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 97–164, title I, § 162(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–622, title II, § 205(c), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(20)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585. Editorial Notes AMENDMENTS 2011—Subsec. (e). Pub. L. 112–29 substituted ‘‘Patent Trial and Appeal Board’’ for ‘‘Board of Patent Appeals and Interferences’’ in two places and inserted ‘‘and der- ivation’’ after ‘‘established for interference’’. Subsec. (f). Pub. L. 112–29, § 7(d)(2)(A), substituted ‘‘Patent Trial and Appeal Board’’ for ‘‘Board of Patent Appeals and Interferences’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–29 effective upon the expi- ration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 of Title 35, Patents. § 20136. Contributions awards (a) APPLICATIONS.—Subject to the provisions of this section, the Administrator is authorized, on the Administrator’s own initiative or on appli- cation of any person, to make a monetary award, in an amount and on terms the Adminis- trator determines to be warranted, to any per- son (as defined by section 20135(a) of this title) 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 such an award shall be referred to the Inventions and Contributions Board established under section 20135 of this title. Such Board shall accord to each applicant an opportunity for hearing on the application, and shall transmit to the Administrator its rec- ommendation as to the terms of the award, if any, to be made to the applicant for the con- tribution. In determining the terms and condi- tions of an 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 the contribution; (3) the amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) pre- viously received by the applicant for or on ac- count of the use of the contribution by the United States; and (4) any other factors the Administrator de- termines to be material. (b) APPORTIONMENT OF AWARDS.—If more than one applicant under subsection (a) claims an in- terest in the same contribution, the Adminis- trator shall ascertain and determine the respec- tive interests of the applicants, and shall appor- tion any award to be made among the applicants in amounts the Administrator determines to be equitable. (c) SURRENDER OF OTHER CLAIMS.—No award may be made under subsection (a) unless the ap- plicant surrenders, by means the Administrator determines to be effective, all claims that the applicant may have to receive any compensation (other than the award made under this section) for the use of the contribution or any element Page 35 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20137 thereof at any time by or on behalf of the United States, or by or on behalf of any foreign govern- ment pursuant to a treaty or agreement with the United States, within the United States or at any other place. (d) REPORT AND WAITING PERIOD.—No award may be made under subsection (a) in an amount exceeding $100,000 unless the Administrator transmits to the appropriate committees of Con- gress a full and complete report concerning the amount and terms of, and the basis for, the pro- posed award, and a period of 30 calendar days of regular session of Congress expires after receipt of the report by the committees. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3342.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20136(a) ...... 42 U.S.C. 2458(a). Pub. L. 85–568, title III, § 306, July 29, 1958, 72 Stat. 437. 20136(b) ...... 42 U.S.C. 2458(b) (1st sentence). 20136(c) ...... 42 U.S.C. 2458(b) (par. (1) of last sentence). 20136(d) ...... 42 U.S.C. 2458(b) (par. (2) of last sentence). In subsections (c) and (d), the words ‘‘No award may be made under subsection (a)’’ are substituted for ‘‘No award may be made under subsection (a) with respect to any contribution’’ for clarity and to eliminate un- necessary words. § 20137. Malpractice and negligence suits against United States (a) EXCLUSIVE REMEDY.—The remedy against the United States provided by sections 1346(b) and 2672 of title 28, for damages for personal in- jury, including death, caused by the negligent or wrongful act or omission of any physician, den- tist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Administration in the per- formance of medical, dental, or related health care functions (including clinical studies and in- vestigations) while acting within the scope of such person’s duties or employment therein or therefor shall be exclusive of any other civil ac- tion or proceeding by reason of the same subject matter against such person (or the estate of such person) whose act or omission gave rise to the action or proceeding. (b) ATTORNEY GENERAL TO DEFEND ANY CIVIL ACTION OR PROCEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General shall de- fend any civil action or proceeding brought in any court against any person referred to in sub- section (a) (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall de- liver within such time after date of service or knowledge of service as determined by the At- torney 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. Such person shall promptly furnish cop- ies of the pleading and process therein to the United States Attorney for the district embrac- ing the place wherein the proceeding is brought, to the Attorney General, and to the Adminis- trator. (c) REMOVAL OF ACTIONS.—Upon a certification by the Attorney General that any person de- scribed in subsection (a) was acting in the scope of such person’s duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place where- in it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, and all ref- erences thereto. Should a district court of the United States determine, on a hearing on a mo- tion to remand held before a trial on the merits, that the case so removed is one in which a rem- edy by suit within the meaning of subsection (a) is not available against the United States, the case shall be remanded to the State court. (d) COMPROMISE OR SETTLEMENT OF CLAIMS.— The Attorney General may compromise or settle any claim asserted in such civil action or pro- ceeding in the manner provided in section 2677 of title 28, and with the same effect. (e) APPLICABILITY OF OTHER PROVISIONS OF LAW.—For purposes of this section, the provi- sions of section 2680(h) of title 28 shall not apply to any cause of action arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care func- tions (including clinical studies and investiga- tions). (f) LIABILITY INSURANCE FOR PERSONS AS- SIGNED TO FOREIGN COUNTRIES OR NON-FEDERAL AGENCIES.—The Administrator or the Adminis- trator’s designee may, to the extent that the Administrator or the designee deems appro- priate, hold harmless or provide liability insur- ance 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 instrumen- tality 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, for such damage or injury. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3343.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20137 .......... 42 U.S.C. 2458a. Pub. L. 85–568, title III, § 307, as added Pub. L. 94–464, § 3, Oct. 8, 1976, 90 Stat. 1988. In subsection (a), the word ‘‘hereafter’’ is omitted as unnecessary. In subsection (b), in the last sentence, commas are added after ‘‘brought’’ and ‘‘Attorney General’’ for clarity. In subsection (e), the words ‘‘wrongful act or omis- sion’’ are substituted for ‘‘wrongful act of omission’’ to correct an error in the law.