United States Code

§ 2472. National Aeronautics and Space Administration.

(a) Establishment; appointment and duties of Administrator.

There is 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) Deputy Administrator; appointment and duties. 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.

The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or employment while serving as such. (Pub. L. 85-568, title II, § 202, July 29, 1958, 72 Stat. 429; Pub. L. 88-426, title III, § 305 (12), Aug. 14, 1964, 78 Stat. 423.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-426, § 305(12) (A), repealed provisions which prescribed the compensation of the Administrator.

Subsec. (b). Pub. L. 88-426, § 305(12) (B), repealed provisions which prescribed the compensation of the Deputy Administrator.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the 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, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

EMERGENCY PREPAREDNESS FUNCTIONS

Ex. Ord. No. 11095, Feb. 26, 1963, 28 F.R. 1859, directed the Administrator of the National Aeronautics and Space Administration to prepare national emergency plans and develop preparedness programs covering functions assigned to him by the Executive Order, designed to develop a state of readiness with respect to all conditions of national emergency, including attack upon the United States.

TERMINATION OF NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS; TRANSFER OF FUNCTIONS

Section 301 (a) of Pub. L. 85-568 provided that: "The National Advisory Committee for Aeronautics, on the effective date of this section [see note under section 2302 of Title 10, Armed Forces], 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." Ex. ORD. NO. 10849. ESTABLISHMENT OF SEAL FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as amended by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. 4419, provided:

WHEREAS the Administrator of the National Aeronautics and Space Administration has caused to be made, and has recommended that I approve, a seal for the National Aeronautics and Space Administration, the design of which accompanies and is hereby made a part of this order, and which is described as follows:

On a disc of the blue sky strewn with white stars, to dexter a larger yellow sphere bearing a red flight symbol apex in upper sinister and wings enveloping and casting a brown shadow upon the sphere, all partially encircled with a horizontal white orbit, in sinister a small lightblue sphere; circumscribing the disc a white band edged gold inscribed "National Aeronautics and Space Administration U.S.A." in red letters.

Compensation of Administrator and Deputy Administrator, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2473. Functions of the Administration.

(a) 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; and

(3) provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof.

(b) 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 (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 section 34 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; 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 529 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 55a of Title 5, at rates not to exceed $100 per diem for individuals;

(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) Repealed. Pub. L. 88-448, title IV, § 402 (a) (34), Aug. 19, 1964, 78 Stat. 495.

(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; and

(13) (A) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $5,000 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 $5,000 is meritorious and would otherwise be covered by this paragraph, to report the facts and circumstances thereof to the Congress for its consideration.

(14) to reimburse, to the extent determined by the Administrator or his designee to be fair and reasonable, the owners and tenants of land and interests in land acquired on or after November

1, 1961, by the United States for use by the Administration by purchase, condemnation, or otherwise for expenses and losses and damages incurred by such owners and tenants as a direct result of moving themselves, their families, and their possessions because of said acquisition. Such reimbursement shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law to be made to such owners and tenants. The total of any such reimbursement to any owner or tenant shall in no event exceed 25 per centum of the fair value, as determined by the Administrator, of the parcel of land or interest in land to which the reimbursement is related. No payment under this paragraph shall be made unless application therefor, supported by an itemized statement of the expenses, losses, and damages incurred, is submitted to the Administrator within one year from (a) the date upon which the parcel of land or interest in land is to be vacated under agreement with the Government by the owner or tenant or pursuant to law, including but not limited to, an order of a court, or (b) the date upon which the parcel of land or interest in the land involved is vacated, whichever first occurs. The Administrator may perform any and all acts and make such rules and regulations as he deems necessary and proper for the purpose of carrying out this paragraph. All functions performed under this paragraph shall be exempt from the operation of sections 1001-1011 of Title 5, except as to the requirements of section 1002 of Title 5. Funds available to the Administration for the acquisition of real property or interests therein shall also be available for carrying out this paragraph.

(Pub. L. 85-568, title II, § 203, July 29, 1958, 72 Stat. 429; Pub. L. 86–20, May 13, 1959, 73 Stat. 21; Pub. L. 86-481, § 5, June 1, 1960, 74 Stat. 153; Pub. L. 87-367, title II, § 206(a), Oct. 4, 1961, 75 Stat. 791; Pub. L. 87-584, § 6, Aug. 14, 1962, 76 Stat. 384; Pub. L. 87-793, § 1001 (f), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88-426, title III, § 306(d), Aug. 14, 1964, 78 Stat. 429; Pub. L. 88-448, title IV, § 402(a) (34), Aug. 19, 1964, 78 Stat. 495.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act”, meaning Pub. L. 85-568, which is classified to this chapter, section 22-1 of Title 5, Executive Departments and Government Officers and Employees, sections 2302 and 2303 of Title 10, Armed Forces, sections 799 and 1114 of Title 18, Crimes and Criminal Procedure, and sections 511-513 and 515 of Title 50, War and National Defense, and as notes under sections 2451 and 2472 of this title and section 2302 of Title 10.

The civil service laws, referred to in subsec. (b), are classified generally to Title 5, Executive Departments and Government Officers and Employees.

The Classification Act of 1949, referred to in subsec. (b), is classified to chapter 21 of Title 5.

The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (b) (3), is classified to chapter 11C of Title 5, Executive Departments and Government Officers and Employees, chapter 10 of Title 40, Public Buildings, Property and Works, section 5 and chapter 4 of Title 41, Public Contracts, and chapter 11 of Title 44, Public Printing and Documents.

AMENDMENTS

1964 Subsec. (b)(2). Pub. L. 88-426 eliminated provisions from cl. (A) which permitted the Administrator

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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 subsec. (b) (11) which authorized the employment of retired commissioned officers. See section 3101 et seq. of Title 5, Executive Departments and Government Officers and Employees.

1962-Subsec. (b). Pub. L. 87-793 substituted "(at not to exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended, 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).

Pub. L. 87-584 added par (14).

1961-Subsec. (b)(2). Pub. L. 87-367 substituted "thirty" for "thirteen" and "four hundred and twentyfive (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 filled 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 1964 AMENDMENTS Amendment of section by Pub. L. 88-448 effective on the first day of the first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88-448, set out as a note under section 3101 of Title 5, Executive Departments and Government Officers and Employees.

Amendment of section by Pub. L. 88-426 effective on the first day of the 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, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793, set out as a note under section 1161 of Title 5, Executive Departments and Government Officers and Employees.

§ 2473a. Reports to Congress; confidential information. (1) The Administrator of the National Aeronautics and Space Administration shall submit to the Congress not later than forty-five days after the close of each fiscal year a report which sets forth, as of the close of such fiscal year

(A) the number of positions established under section 2473 (b) (2) of this title;

(B) the name, rate of compensation, and description of the qualifications of each incumbent of each position established under such section 2473(b)(2), together with the position title and a statement of the duties and responsibilities performed by each such incumbent;

(C) the position or positions in or outside the Federal Government held by each such incumbent, and his rate or rates of compensation, during the five-year period immediately preceding the date of appointment of such incumbent to such position; and

(D) such other information as the Administrator may deem appropriate or which may be required by the Congress or a committee thereof. Nothing contained in this subsection shall require the resubmission of any information required under

subparagraphs (B) and (C) of this subsection which has been reported pursuant to this subsection and remains unchanged.

(2) In any instance in which the Administrator may find full public disclosure of any or all of the matter covered by paragraph (1) of this subsection to be detrimental to the national security, the Administrator is authorized

(A) to omit in such report those matters with respect to which full public disclosure is found to be detrimental to the national security;

(B) to inform the Congress of such omission; and

(C) at the request of any congressional committee to which such report is referred, to present all information concerning such matters. (Pub. L. 87-367, title II, § 206(b), Oct. 4, 1961, 75 Stat. 791.)

CODIFICATION

Section was not enacted as a part of the Federal National Aeronautics and Space Act of 1958, which comprises this chapter.

§ 2474. Civilian-Military Liaison Committee. (a) Establishment; membership.

There shall be a Civilian-Military Liaison Committee consisting of—

(1) a Chairman, who shall be the head thereof and who shall be appointed by the President, shall serve at the pleasure of the President;

(2) one or more representatives from the Department of Defense, and one or more representatives from each of the Departments of the Army, Navy, and Air Force, to be assigned by the Secretary of Defense to serve on the Committee without additional compensation; and

(3) representatives from the Administration, to be assigned by the Administrator to serve on the Committee without additional compensation, equal in number to the number of representatives assigned to serve on the Committee under paragraph (2).

(b) Duties.

The Administration and the Department of Defense, through the Liaison Committee, shall advise and consult with each other on all matters within their respective jurisdictions relating to aeronautical and space activities and shall keep each other fully and currently informed with respect to such activities.

If the Secretary of Defense concludes that any request, action, proposed action, or failure to act on the part of the Administrator is adverse to the responsibilities of the Department of Defense, or the Administrator concludes that any request, action, proposed action, or failure to act on the part of the Department of Defense is adverse to the responsibilities of the Administration, and the Administrator and the Secretary of Defense are unable to reach an agreement with respect thereto, either the Administrator or the Secretary of Defense may refer the matter to the President for his decision (which shall be final) as provided in section 2471 (e) of this title.

(d) Chairman.

Notwithstanding the provisions of any other law, any active or retired officer of the Army, Navy, or Air Force may serve as Chairman of the Liaison Committee without prejudice to his active or retired status as such officer. Any such active officer serving as Chairman of the Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation fixed by subsection (a) (1) of this section for such Chairman. Any such retired officer serving as Chairman of the Liaison Committee shall receive the compensation fixed by subsection (a)(1) of this section for such Chairman and his retired pay, subject to section 3102 of Title 5. (Pub. L. 85-568, title II, § 204, July 29, 1958, 72 Stat. 431; Pub. L. 88-426, title III, § 305 (13) (B), Aug. 14, 1964, 78 Stat. 423; Pub. L. 88-448, title IV, § 401 (g), Aug. 19, 1964, 78 Stat. 490.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-426 repealed provisions which prescribed the compensation of the Chairman of the Committee formerly contained in cl. (1). See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

Subsec. (d). Pub. L. 88-448 substituted provisions permitting a retired officer serving as Chairman of the Liaison Committee to receive the compensation fixed by subsection (a) (1) of this section for such Chairman and his retired pay, subject to section 3102 of title 5, for provisions which permitted a retired officer to receive an amount equal to the amount (if any) by which the compensation fixed by subsection (a)(1) of this section for such Chairman exceeds his retired pay.

Pub. L. 88-426 repealed words "fixed by subsection (a) (1)" which followed "the compensation."

EFFECTIVE DATE OF 1964 AMENDMENTS Amendment of section by Pub. L. 88-448 effective on the first day of the first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88-448, set out as a note under section 3191 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Compensation of Chairman, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2475. 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 chapter, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate. (Pub. L. 85-568, title II, § 205, July 29, 1958, 72 Stat. 432.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 85-568, which is classified to this chapter, section 22-1 of Title 5, Executive Departments and Government Officers and Employees, sections 2302 and 2303 of Title 10, Armed

Forces, sections 799 and 1114 of Title 18, Crimes and Criminal Procedure, and sections 511-513 and 515 of Title 50, War and National Defense, and as notes under sections 2451 and 2472 of this title and section 2302 of Title 10.

§ 2476. Reports to the Congress. (a) Submission to the President.

The Administration shall submit to the President for transmittal to the Congress, semiannually and at such other times as it deems desirable, a report of its activities and accomplishments.

(b) Presidential report; transmittal.

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 2451 (c) of this title,

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 2451 (c) of this title. (d) Classified information.

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. (Pub. L. 85-568, title II, § 206, July 29, 1958, 72 Stat. 432.)

The objectives of this chapter are

(a) to promote the general welfare of deaf persons by (1) bringing to such persons understanding and appreciation of those films which play such an important part in the general and cultural advancement of hearing persons, (2) providing, through these films, enriched educational and cultural experiences through which deaf persons can be brought into better touch with the realities of their environment, and (3) providing a wholesome and rewarding experience which deaf persons may share together; and

(b) to promote the educational advancement of deaf persons by (1) carrying on research in the use of educational and training films for the deaf, (2) producing and distributing educational and training films for the deaf, and (3) training persons in the use of films for the deaf. (Pub. L. 85-905, § 1, Sept. 2, 1958, 72 Stat. 1742; Pub. L. 87-715, § 1(a), Sept. 28, 1962, 76 Stat. 654.)

AMENDMENTS

1962-Pub. L. 87-715 designated existing provisions as subsec. (a) and inserted the reference to promoting the general welfare of deaf persons therein, and added subsec. (b).

§ 2492. Definitions.

As used in this chapter

(1) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(2) The term "United States" means the several States, Territories, insular possessions, and the District of Columbia.

(3) The term "deaf person" includes a person whose hearing is severely impaired. (Pub. L. 85905, § 2, Sept. 2, 1958, 72 Stat. 1742.)

§ 2493. Establishment of service; authority of Secretary.

(a) In order to carry out the objectives of this chapter, the Secretary shall establish a loan service of captioned films for the purpose of making such films available for nonprofit purposes to groups of deaf persons in the United States in accordance with regulations promulgated by the Secretary.

(b) In carrying out the provisions of this chapter, the Secretary shall have authority to

(1) Acquire films (or rights thereto) by purchase, lease, or gift.

(2) Provide for the captioning of films.

(3) Provide for distribution of captioned films through State schools for the deaf and such other agencies as the Secretary may deem appropriate to serve as local or regional centers for such distribution.

(4) provide for the conduct of research in the use of educational and training films for the deaf, for the production and distribution of training films for the deaf, and for the training of persons in the use of films for the deaf.

(5) Make use, consistent with the purposes of this chapter, of films made available to the Library of Congress under the copyright laws.

(6) Utilize the facilities and services of other governmental agencies.

(7) Accept gifts, contributions, and voluntary and uncompensated services of individuals and

organizations.

(Pub. L. 85-905, § 3, Sept. 2, 1958, 72 Stat. 1742; Pub. L. 87-715, § 1(b), Sept. 28, 1962, 76 Stat. 654.)

AMENDMENTS

1962 Subsec. (b). Pub. L. 87-715 added par. (4), and redesignated former pars. (4), (5), and (6), as (5), (6), and (7), respectively.

§ 2494. Authorization of appropriations.

There are authorized to be appropriated not to exceed $1,500,000 annually to carry out the provisions of this chapter. (Pub. L. 85-905; § 4, Sept. 2, 1958, 72 Stat. 1743; Pub. L. 87-715, § 1(c), Sept. 28, 1962, 76 Stat. 654.)

AMENDMENTS

1962-Pub. L. 87-715 increased the authorization of appropriations from $250,000 to $1,500,000.

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United States Code, Volume 9