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— 
(1) to the extent the Administrator deems such action necessary to 
the discharge of the Administrator’s responsibilities, the Administrator 
may appoint not more than 425 of the scientific, engineering, and ad-
ministrative personnel of the Administration without regard to such 
laws, and may fix the compensation of such personnel not in excess of 
the rate of basic pay payable for level III of the Executive Schedule; 
and 
(2) to the extent the Administrator deems such action necessary to 
recruit specially qualified scientific and engineering talent, the Admin-
istrator may establish the entrance grade for scientific and engineering 
personnel without previous service in the Federal Government at a level 
up to 2 grades higher than the grade provided for such personnel under 
the General Schedule, and fix their compensation accordingly. 
(c) PROPERTY.—In the performance of its functions, the Administration 
is authorized— 
(1) to acquire (by purchase, lease, condemnation, or otherwise), con-
struct, improve, repair, operate, and maintain laboratories, research 
and testing sites and facilities, aeronautical and space vehicles, quar-
ters and related accommodations for employees and dependents of em-
ployees of the Administration, and such other real and personal prop-
erty (including patents), or any interest therein, as the Administration 
deems necessary within and outside the continental United States; 
(2) to acquire by lease or otherwise, through the Administrator of 
General Services, buildings or parts of buildings in the District of Co-
lumbia for the use of the Administration for a period not to exceed 10 
years without regard to section 8141 of title 40; 
(3) to lease to others such real and personal property; 
(4) to sell and otherwise dispose of real and personal property (in-
cluding patents and rights thereunder) in accordance with the provi-
sions of chapters 1 to 11 of title 40 and in accordance with title III 
of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 et seq.); and 
(5) to provide by contract or otherwise for cafeterias and other nec-
essary facilities for the welfare of employees of the Administration at 
its installations and purchase and maintain equipment therefor. 
(d) GIFTS.—In the performance of its functions, the Administration is 
authorized to accept unconditional gifts or donations of services, money, or 
property, real, personal, or mixed, tangible or intangible. 
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(e) CONTRACTS, LEASES, AND AGREEMENTS.—In the performance of its 
functions, the Administration is authorized, without regard to subsections 
(a) and (b) of section 3324 of title 31, to enter into and perform such con-
tracts, leases, cooperative agreements, or other transactions as may be nec-
essary in the conduct of its work and on such terms as it may deem appro-
priate, 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. 
(f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the per-
formance of its functions, the Administration is authorized 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 co-
operate 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 Ad-
ministration, and any such department or agency is authorized, notwith-
standing 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 equip-
ment. 
(g) ADVISORY COMMITTEES.—In the performance of its functions, the 
Administration is authorized to appoint such advisory committees as may 
be appropriate for purposes of consultation and advice to the Administra-
tion. 
(h) OFFICES AND PROCEDURES.—In the performance of its functions, the 
Administration is authorized to establish within the Administration such of-
fices and procedures as may be appropriate to provide for the greatest pos-
sible coordination of its activities under this chapter with related scientific 
and other activities being carried on by other public and private agencies 
and organizations. 
(i) TEMPORARY OR INTERMITTENT SERVICES OF EXPERTS OR CONSULT-
ANTS.—In the performance of its functions, the Administration is author-
ized to obtain services as provided by section 3109 of title 5, but at rates 
for individuals not to exceed the per diem rate equivalent to the maximum 
rate payable under section 5376 of title 5. 
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(j) ALIENS.—In the performance of its functions, the Administration is 
authorized, when determined by the Administrator to be necessary, and sub-
ject to such security investigations as the Administrator may determine to 
be appropriate, to employ aliens without regard to statutory provisions pro-
hibiting payment of compensation to aliens. 
(k) CONCESSIONS FOR VISITORS’ FACILITIES.— 
(1) IN GENERAL.—In the performance of its functions, the Adminis-
tration is authorized to provide by concession, without regard to section 
1302 of title 40, on such terms as the Administrator may deem to be 
appropriate and necessary to protect the concessioner against loss of 
the concessioner’s 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 facili-
ties and equipment for visitors to the several installations of the Ad-
ministration 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 that the Administra-
tion may have to provide facilities, equipment, and services for visitors 
to its installations). 
(2) PUBLIC NOTICE AND DUE CONSIDERATION OF PROPOSALS.—A 
concession agreement under this subsection may be negotiated with any 
qualified proposer following due consideration of all proposals received 
after reasonable public notice of the intention to contract. 
(3) REASONABLE
OPPORTUNITY
FOR
PROFIT.—The concessioner 
shall be afforded a reasonable opportunity to make a profit commensu-
rate with the capital invested and the obligations assumed. The consid-
eration paid by the concessioner for the concession shall be based on 
the probable value of the opportunity and not on maximizing revenue 
to the United States. 
(4) RECORDS AND ACCESS TO RECORDS.—Each concession agree-
ment shall specify the manner in which the concessioner’s records are 
to be maintained, and shall provide for access to the records by the 
Administration and the Comptroller General of the United States for 
a period of 5 years after the close of the business year to which the 
records relate. 
(5) POSSESSORY INTERESTS.—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 the concessioner constructs or locates upon land owned 
by the United States. With the approval of the Administration, such 
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possessory interest may be assigned, transferred, encumbered, or relin-
quished by the concessioner, and, unless otherwise provided by con-
tract, shall not be extinguished by the expiration or other termination 
of the concession and may not be taken for public use without just 
compensation. 
(l) DETAILING MEMBERS OF ARMED SERVICES.—In the performance of 
its functions, the Administration is authorized, 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 appro-
priate 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. 
(m) CLAIMS AGAINST THE UNITED STATES.—In the performance of its 
functions, the Administration is authorized— 
(1) to consider, ascertain, adjust, determine, settle, and pay, on be-
half 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 con-
duct of the Administration’s functions as specified in section 20112(a) 
of this title, where such claim is presented to the Administration in 
writing within 2 years after the accident or incident out of which the 
claim arises; and 
(2) if the Administration considers that a claim in excess of $25,000 
is meritorious and would otherwise be covered by this subsection, to re-
port the facts and circumstances to Congress for its consideration. 
§ 20114. Administration and Department of Defense coordi-
nation 
(a) ADVISE AND CONSULT.—The Administration and the Department of 
Defense, through the President, shall advise and consult with each other on 
all matters within their respective jurisdictions related to aeronautical and 
space activities and shall keep each other fully and currently informed with 
respect to such activities. 
(b) REFERRAL TO THE PRESIDENT.—If the Secretary of Defense con-
cludes that any request, action, proposed action, or failure to act on the 
part of the Administrator is adverse to the responsibilities of the Depart-
ment 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 Adminis-
trator and the Secretary of Defense are unable to reach an agreement with 
respect to the matter, either the Administrator or the Secretary of Defense 
may refer the matter to the President for a decision (which shall be final). 
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