H. R. 3237—12 
property owned by the United States, and located at facilities 
owned by or contracted to the United States, to carry firearms 
while in the conduct of their official duties. 
§ 20134. Arrest authority 
Under regulations prescribed by the Administrator and approved 
by the Attorney General, employees of the Administration and 
of its contractors and subcontractors authorized to carry firearms 
under section 20133 of this title may arrest without warrant for 
any offense against the United States committed in their presence, 
or for any felony cognizable under the laws of the United States 
if they have reasonable grounds to believe that the person to be 
arrested has committed or is committing such felony. Persons 
granted authority to make arrests by this section may exercise 
that authority only while guarding and protecting property owned 
or leased by, or under the control of, the United States under 
the administration and control of the Administration or one of 
its contractors or subcontractors, at facilities owned by or contracted 
to the Administration. 
§ 20135. Property rights in inventions 
(a) DEFINITIONS.—In this section: 
(1) CONTRACT.—The term ‘‘contract’’ means any actual or 
proposed contract, agreement, understanding, or other arrange-
ment, and includes any assignment, substitution of parties, 
or subcontract executed or entered into thereunder. 
(2) MADE.—The term ‘‘made’’, when used in relation to any 
invention, means the conception or first actual reduction to 
practice of such invention. 
(3) PERSON.—The term ‘‘person’’ means any individual, part-
nership, corporation, association, institution, or other entity. 
(b) EXCLUSIVE PROPERTY OF UNITED STATES.— 
(1) IN GENERAL.—An invention shall be the exclusive property 
of the United States if it is made in the performance of any 
work under any contract of the Administration, and the 
Administrator determines that— 
(A) the person who made the invention was employed 
or assigned to perform research, development, or explo-
ration work and the invention is related to the work the 
person was employed or assigned to perform, or was within 
the scope of the person’s employment duties, whether or 
not it was made during working hours, or with a contribu-
tion by the Government of the use of Government facilities, 
equipment, materials, allocated funds, information propri-
etary to the Government, or services of Government 
employees during working hours; or 
(B) the person who made the invention was not employed 
or assigned to perform research, development, or explo-
ration work, but the invention is nevertheless related to 
the contract, or to the work or duties the person was 
employed or assigned to perform, and was made during 
working hours, or with a contribution from the Government 
of the sort referred to in subparagraph (A). 
(2) PATENT TO UNITED STATES.—If an invention is the exclu-
sive property of the United States under paragraph (1), and 
if such invention is patentable, a patent therefor shall be issued
H. R. 3237—13 
to the United States upon application made by the Adminis-
trator, unless the Administrator waives all or any part of the 
rights of the United States to such invention in conformity 
with the provisions of subsection (g). 
(c) CONTRACT PROVISIONS FOR FURNISHING REPORTS OF INVEN-
TIONS, DISCOVERIES, IMPROVEMENTS, OR INNOVATIONS.—Each con-
tract entered into by the Administrator with any party for the 
performance of any work shall contain effective provisions under 
which the party shall furnish promptly to the Administrator a 
written report containing full and complete technical information 
concerning any invention, discovery, improvement, or innovation 
which may be made in the performance of any such work. 
(d) PATENT APPLICATION.—No patent may be issued to any 
applicant other than the Administrator for any invention which 
appears to the Under Secretary of Commerce for Intellectual Prop-
erty and Director of the United States Patent and Trademark 
Office (hereafter in this section referred to as the ‘‘Director’’) to 
have significant utility in the conduct of aeronautical and space 
activities unless the applicant files with the Director, with the 
application or within 30 days after request therefor by the Director, 
a written statement executed under oath setting forth the full 
facts concerning the circumstances under which the invention was 
made and stating the relationship (if any) of the invention to 
the performance of any work under any contract of the Administra-
tion. Copies of each such statement and the application to which 
it relates shall be transmitted forthwith by the Director to the 
Administrator. 
(e) ISSUANCE OF PATENT TO APPLICANT.—Upon any application 
as to which any such statement has been transmitted to the 
Administrator, the Director may, if the invention is patentable, 
issue a patent to the applicant unless the Administrator, within 
90 days after receipt of the application and statement, requests 
that the patent be issued to the Administrator on behalf of the 
United States. If, within such time, the Administrator files such 
a request with the Director, the Director shall transmit notice 
thereof to the applicant, and shall issue such patent to the Adminis-
trator unless the applicant within 30 days after receipt of the 
notice requests a hearing before the Board of Patent Appeals and 
Interferences on the question whether the Administrator is entitled 
under this section to receive the patent. The Board may hear 
and determine, in accordance with rules and procedures established 
for interference cases, the question so presented, and its determina-
tion shall be subject to appeal by the applicant or by the Adminis-
trator to the United States Court of Appeals for the Federal Circuit 
in accordance with procedures governing appeals from decisions 
of the Board of Patent Appeals and Interferences in other pro-
ceedings. 
(f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REP-
RESENTATIONS.—Whenever a patent has been issued to an applicant 
in conformity with subsection (e), and the Administrator thereafter 
has reason to believe that the statement filed by the applicant 
in connection with the patent contained a false representation of 
a material fact, the Administrator, within 5 years after the date 
of issuance of the patent, may file with the Director a request 
for the transfer to the Administrator of title to the patent on 
the records of the Director. Notice of any such request shall be 
transmitted by the Director to the owner of record of the patent,
H. R. 3237—14 
and title to the patent shall be so transferred to the Administrator 
unless, within 30 days after receipt of notice, the owner of record 
requests a hearing before the Board of Patent Appeals and Inter-
ferences on the question whether any such false representation 
was contained in the statement filed in connection with the patent. 
The question shall be heard and determined, and the determination 
shall be subject to review, in the manner prescribed by subsection 
(e) for questions arising thereunder. A request made by the 
Administrator under this subsection for the transfer of title to 
a patent, and prosecution for the violation of any criminal statute, 
shall not be barred by the failure of the Administrator to make 
a request under subsection (e) for the issuance of the patent to 
the Administrator, or by any notice previously given by the Adminis-
trator stating that the Administrator had no objection to the 
issuance of the patent to the applicant. 
(g) WAIVER OF RIGHTS TO INVENTIONS.—Under such regulations 
in conformity with this subsection as the Administrator shall pre-
scribe, the Administrator may waive all or any part of the rights 
of the United States under this section with respect to any invention 
or class of inventions made or which may be made by any person 
or class of persons in the performance of any work required by 
any contract of the Administration if the Administrator determines 
that the interests of the United States will be served thereby. 
Any such waiver may be made upon such terms and under such 
conditions as the Administrator 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, nonexclusive, 
nontransferable, royalty-free license for the practice of such inven-
tion 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 proposal for any waiver under this 
subsection shall be referred to an Inventions and Contributions 
Board which shall be established by the Administrator within the 
Administration. Such Board shall accord to each interested party 
an opportunity for hearing, and shall transmit to the Administrator 
its findings of fact with respect to such proposal and its rec-
ommendations for action 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 require 
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 intended 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 INVENTIONS INCOR-
PORATED IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN 
UNITED STATES.—The use or manufacture of any patented 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
H. R. 3237—15 
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. 
§ 20136. Contributions awards 
(a) APPLICATIONS.—Subject to the provisions of this section, the 
Administrator is authorized, on the Administrator’s own initiative 
or on application of any person, to make a monetary award, in 
an amount and on terms the Administrator determines to be war-
ranted, to any person (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 recommendation as to the terms of the award, if any, to be 
made to the applicant for the contribution. In determining the 
terms and conditions 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 contribu-
tion; 
(3) the amount of any compensation (other than salary 
received for services rendered as an officer or employee of 
the Government) previously received by the applicant for or 
on account of the use of the contribution by the United States; 
and 
(4) any other factors the Administrator determines to be 
material. 
(b) APPORTIONMENT
OF AWARDS.—If more than one applicant 
under subsection (a) claims an interest in the same contribution, 
the Administrator shall ascertain and determine the respective 
interests of the applicants, and shall apportion any award to be 
made among the applicants in amounts the Administrator deter-
mines to be equitable. 
(c) SURRENDER OF OTHER CLAIMS.—No award may be made under 
subsection (a) unless the applicant 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 thereof at any time by or on behalf of the United 
States, or by or on behalf of any foreign government 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 Adminis-
trator transmits to the appropriate committees of Congress a full 
and complete report concerning the amount and terms of, and 
the basis for, the proposed award, and a period of 30 calendar 
days of regular session of Congress expires after receipt of the 
report by the committees.