HR 3237 RFS 
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 Property 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 ap-
plication 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 relation-
ship (if any) of the invention to the performance of any work under any 
contract of the Administration. Copies of each such statement and the appli-
cation 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 Administrator unless the appli-
cant within 30 days after receipt of the notice requests a hearing before the 
Board of Patent Appeals and Interferences on the question whether the Ad-
ministrator is entitled under this section to receive the patent. The Board 
may hear and determine, in accordance with rules and procedures estab-
lished for interference cases, the question so presented, and its determina-
tion shall be subject to appeal by the applicant or by the Administrator 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 proceedings. 
(f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REPRESEN-
TATIONS.—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 con-
tained 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, and title to the patent 
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shall be so transferred to the Administrator unless, within 30 days after re-
ceipt of notice, the owner of record requests a hearing before the Board of 
Patent Appeals and Interferences 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 
Administrator 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 con-
formity with this subsection as the Administrator shall prescribe, the Ad-
ministrator 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 Adminis-
trator 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 pro-
tection of the interests of the United States. Each such waiver made with 
respect to any invention shall be subject to the reservation by the Adminis-
trator of an irrevocable, nonexclusive, 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 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 recommendations for action to be taken with respect there-
to. 
(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. 
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(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 INCORPORATED 
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 manu-
facture by or for the United States within the meaning of section 1498(a) 
of title 28, unless the Administration gives an express authorization or con-
sent for such use or manufacture. 
§ 20136. Contributions awards 
(a) APPLICATIONS.—Subject to the provisions of this section, the Admin-
istrator is authorized, on the Administrator’s own initiative or on applica-
tion of any person, to make a monetary award, in an amount and on terms 
the Administrator determines to be warranted, 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 sig-
nificant value in the conduct of aeronautical and space activities. Each ap-
plication 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 ap-
plication, 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 contribu-
tion. In determining the terms and conditions of an award the Adminis-
trator 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 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 Adminis-
trator shall ascertain and determine the respective interests of the appli-
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cants, and shall apportion 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 sub-
section (a) unless the applicant surrenders, by means the Administrator de-
termines 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 sub-
section (a) in an amount exceeding $100,000 unless the Administrator 
transmits to the appropriate committees of Congress a full and complete re-
port 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 ex-
pires after receipt of the report by the committees. 
§ 20137. Malpractice and negligence suits against United 
States 
(a) EXCLUSIVE REMEDY.—The remedy against the United States pro-
vided by sections 1346(b) and 2672 of title 28, for damages for personal 
injury, including death, caused by the negligent or wrongful act or omission 
of any physician, dentist, nurse, pharmacist, or paramedical or other sup-
porting personnel (including medical and dental technicians, nursing assist-
ants, and therapists) of the Administration in the performance of medical, 
dental, or related health care functions (including clinical studies and inves-
tigations) while acting within the scope of such person’s duties or employ-
ment therein or therefor shall be exclusive of any other civil action or pro-
ceeding 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 pro-
ceeding. 
(b) ATTORNEY GENERAL TO DEFEND
ANY CIVIL ACTION
OR PRO-
CEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General shall 
defend any civil action or proceeding brought in any court against any per-
son referred to in subsection (a) (or the estate of such person) for any such 
injury. Any such person against whom such civil action or proceeding is 
brought shall deliver within such time after date of service or knowledge of 
service as determined by the Attorney 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 copies of the pleading and process there-
in to the United States Attorney for the district embracing the place where-
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