I 

110TH CONGRESS 

1ST SESSION H. R. 4916 

To create a National Endowment to advance private sector development 

of aeronautics and space technologies by way of the National Advanced 

Space and Aeronautical Technologies Prize Award Program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Mr. ROHRABACHER introduced the following bill; which was referred to the 

Committee on Science and Technology 

A BILL 

To create a National Endowment to advance private sector 

development of aeronautics and space technologies by 

way of the National Advanced Space and Aeronautical 

Technologies Prize Award Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aeronautics and Space 

5 Prize Act’’. 


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1 SEC. 2. NATIONAL ENDOWMENT FOR AERONAUTICS AND 

2 SPACE. 

3 (a) ESTABLISHMENT.—There is established a Na4 tional Endowment for Aeronautics and Space (referred to 

5 in this Act as the ‘‘Endowment’’). 

6 (b) PURPOSES.—The purposes of the Endowment 

7 are— 

8 (1) to execute a program awarding cash prizes 

9 in recognition of outstanding private sector achieve10 ments in basic, advanced, and applied research, tech11 nology development, and prototype demonstration 

12 that have the potential for application to the Na13 tion’s aeronautics and space endeavors within the 

14 National Aeronautics and Space Administration (re15 ferred to in this Act as ‘‘NASA’’) and other govern16 mental agencies as well as private entities in the 

17 United States; 

18 (2) with the advice of NASA and other agencies 

19 as appropriate, to carry out a program for tasteful 

20 advertising of commercial products and services in 

21 conjunction with the Nation’s aeronautics and space 

22 endeavors in conjunction with NASA, other agencies 

23 involved in aeronautics and space, or independently; 

24 and 

25 (3) to encourage private gifts of real and per26 sonal property or any income therefrom or other inVerDate Aug 31 2005 03:30 Dec 28, 2007 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4916.IH H4916

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1 terest therein for the benefit of, or in connection 

2 with, the Nation’s aeronautics and space endeavors 

3 in NASA as well as other governmental agencies and 

4 private entities involved in aeronautics and space in 

5 the United States. 

6 (c) AUTHORITY OF THE ENDOWMENT.—In carrying 

7 out the purposes specified in subsection (b), the endow8 ment is authorized— 

9 (1) to make, promulgate, issue, rescind, and 

10 amend rules and regulations governing the manner 

11 of its operations and the exercise of the powers vest12 ed in it by law; 

13 (2) to appoint and fix the compensation of such 

14 officers and employees as may be necessary to carry 

15 out the purposes specified in subsection (b), in ac16 cordance with civil service laws; and 

17 (3) to appoint such advisory committees as may 

18 be appropriate for purposes of consultation and ad19 vice to the Endowment. 

20 (d) POWERS OF THE ENDOWMENT.— 

21 (1) CONTRACT.—The Endowment, with the ad22 vice of NASA and other agencies as appropriate, 

23 shall have the power to enter into contracts or 

24 grants, to execute instruments, and generally to do 

25 any and all lawful acts necessary or appropriate conVerDate Aug 31 2005 03:30 Dec 28, 2007 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4916.IH H4916

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1 sistent with the purposes of the Endowment speci2 fied in subsection (b). 

3 (2) PAYMENT.—Neither NASA, other agencies, 

4 private sector entities, nor any employee thereof, ex5 cept as specified in this Act, is authorized to accept 

6 funds from the Endowment. 

7 (3) COORDINATION.—In order to carry out its 

8 functions under this Act, the Endowment may utilize 

9 the services and facilities of NASA and other Fed10 eral agencies, and such services and facilities may be 

11 made available on request to the extent practicable 

12 without reimbursement therefor. 

13 (e) GIFTS; DEVISES; BEQUESTS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), the Endowment may accept, receive, so16 licit, hold, administer, and use any gifts, devises, or 

17 bequests, either absolutely or in trust, of real or per18 sonal property or any income therefrom or other in19 terest therein for the benefit of or in connection with 

20 the Nation’s aeronautics and space endeavors within 

21 NASA as well as other governmental agencies within 

22 the United States, including a gift, devise, or be23 quest that is encumbered, restricted, or subject to 

24 beneficial interests of private persons if any current 

25 or future interest therein is for the benefit of the 


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1 Nation’s aeronautics and space endeavors within 

2 NASA as well as other governmental agencies in3 volved in aeronautics and space within the United 

4 States. For purposes of this paragraph, an interest 

5 in real property includes easements or other rights 

6 for preservation, conservation, protection, or en7 hancement by and for the public of natural, scenic, 

8 historic, scientific, educational, inspirational, or rec9 reational resources. 

10 (2) LIMITATION.—The Endowment may not ac11 cept a gift, devise, or bequest which entails any ex12 penditure other than from the resources of the En13 dowment. 

14 (3) PROPERTY OF THE UNITED STATES.—Gifts 

15 and other transfers made to or for the use of the 

16 Endowment shall be regarded as contributions, gifts, 

17 or transfers to or for the use of the United States. 

18 (f) REPORTING.—Promptly at the end of each fiscal 

19 year, the Endowment shall transmit to Congress an an20 nual report of its proceedings and activities, including a 

21 full and complete statement of its receipts, expenditures, 

22 and investments. 

23 (g) CHAIRPERSON OF THE ENDOWMENT.— 

24 (1) IN GENERAL.—The Endowment shall be 

25 headed by a Chairperson, who shall be appointed by 


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1 the President, by and with the advice and consent 

2 of the Senate. 

3 (2) RESPONSIBILITIES.—Under the supervision 

4 and direction of the President, the Chairperson shall 

5 be responsible for the exercise of all powers and the 

6 discharge of all duties of the Endowment, and shall 

7 have authority and control over all personnel and ac8 tivities thereof. The Chairperson shall not engage in 

9 any other business, vocation, or employment while 

10 serving as such. 

11 (3) TERMS.—The Chairperson shall serve for a 

12 term of 4 years and shall be eligible for reappoint13 ment. Upon expiration of the Chairperson’s term of 

14 office the Chairperson shall serve until the Chair15 person’s successor shall be appointed. 

16 (4) DUTIES.—The Chairperson shall correlate 

17 the programs of the Endowment, insofar as prac18 ticable, with existing programs of Federal, State, re19 gional, or private groups, and shall develop the pro20 grams of the Endowment with due regard to the 

21 contribution to the objectives of this Act which can 

22 be made by other Federal agencies under existing 

23 programs. The Chairperson may enter into inter24 agency agreements to promote or assist the aero25 nautics and space activities of other Federal agenVerDate Aug 31 2005 03:30 Dec 28, 2007 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4916.IH H4916

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1 cies on a reimbursable or nonreimbursable basis, and 

2 may use funds authorized to be appropriated for the 

3 purposes of subsection (b) for the costs of such ac4 tivities. 

5 SEC. 3. NATIONAL ADVANCED SPACE AND AERONAUTICAL 

6 TECHNOLOGIES PRIZE AWARD PROGRAM. 

7 (a) IN GENERAL.—The Endowment shall carry out 

8 the program described in section 2(b)(1). 

9 (b) COMPETITION REQUIREMENTS.—The Endow10 ment shall— 

11 (1) widely advertise prize competitions and use 

12 a competitive process for the selection of recipients 

13 of prizes under this section; and 

14 (2) make a determination, with the advice of 

15 NASA and other governmental agencies as appro16 priate, prior to the advertisement required under 

17 paragraph (1) if an individual prize might have ben18 efits for the Nation’s aeronautics and space endeav19 ors within NASA as well as other governmental 

20 agencies and private entities involved in aeronautics 

21 and space in the United States. 

22 (c) REGISTRATION.— 

23 (1) IN GENERAL.—The Endowment shall re24 quire potential recipients of prizes to register for any 

25 prize competition under the program established 


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1 under this section, and, as part of the registration 

2 process, to assume any and all risks and waive 

3 claims against the United States Government and 

4 its related entities for any injury, death, damage, or 

5 loss of property or revenue or profits, whether di6 rect, indirect, or consequential, arising from their 

7 participation in a competition, whether such injury, 

8 death, damage, or loss arises through negligence or 

9 otherwise, except in the case of willful misconduct. 

10 (2) RELATED ENTITY.—For purposes of this 

11 subsection, the term ‘‘related entity’’ includes a con12 tractor or subcontractor at any tier, and a supplier, 

13 user, customer, cooperating party, grantee, investi14 gator, or detailee. 

15 (d) LIMITATIONS.—The following limitations apply: 

16 (1) The total amount of cash prizes budgeted in 

17 a fiscal year shall not exceed $150,000,000. 

18 (2) No prize competition shall result in the 

19 award of more than $50,000 in cash prizes without 

20 the approval of the Chairperson or the Chairperson’s 

21 designee. 

22 (e) AVAILABILITY OF FUNDS.—Funds appropriated 

23 for the program authorized by this section shall remain 

24 available until expended for a maximum of 4 years. 


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1 (f) REPORT.—The Endowment shall transmit to the 

2 Committee on Appropriations and the Committee on Com3 merce, Science, and Transportation of the Senate, and to 

4 the Committee on Appropriations and the Committee on 

5 Science and Technology of the House of Representatives, 

6 a report on the administration of the program under this 

7 section for each fiscal year. The report shall include— 

8 (1) the aeronautics and space applications for 

9 which cash prizes were awarded; 

10 (2) the total amount of the cash prizes award11 ed; and 

12 (3) the methods used for solicitation and eval13 uation of submissions, together with an assessment 

14 of the effectiveness of those methods. 

15 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as may be necessary to carry out this Act. 

Æ 


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