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trator for Programming and the Institutional Directors at NASA Headquarters and the Directors of field installations, pursuant to the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at the time) may:

(1) Utilize the services of the Corps of Engineers, U.S. Army, and

(2) Delegate authority to the Corps of Engineers to execute, on behalf of NASA, any grants of interests in real property as authorized in this section, provided that the conditions set forth in paragraphs (e) and (f) of this section are complied with.

[29, F.R. 8142, June 26, 1964]

§ 1204.505

Delegation of authority to execute certificates of full faith and credit.

(a) Scope. This section designates NASA officials authorized to certify NASA documents to be submitted in evidence in Federal Courts.

(b) Delegation of authority. The following NASA Headquarters officials are delegated authority to execute certificates of full faith and credit (Office of the Administrator section of NASA Form 955) certifying the signatures and authority of employees of the National Aeronautics and Space Administration, whenever such certification is required to authenticate copies of official records for possible admission in evidence in judicial proceedings pursuant to 28 U.S.C. 1733 or any other statute:

(1) General Counsel;

(2) Deputy General Counsel;
(3) Associate General Counsel;
(4) Assistant General Counsels.

(42 U.S.C. 2473) [29 FR 6319, May 14, 1964,
as amended at 39 FR 25229, July 9, 1974]
§ 1204.506 Power and authority-to take
various actions related to patent and
copyright matters and to accept li-
censes and assignments of inventions.

§ 1204.506-1 General Counsel.

(a) Delegations. The General Counsel is delegated authority to take the following specific actions related to intellectual property, including patent and copyright matters:

(1) Powers of attorney. To appoint principal attorneys and to execute necessary powers of attorney for the purpose of filing and prosecuting patent applications in which the United States, as represented by the Administrator, has

an interest by way either of title or license;

(2) Application papers and statements. To receive patent applications, documents and statements transmitted to the Administrator pursuant to section 305 (c) of the National Aeronautics and Space Act of 1958;

(3) Authority under sections 305 (d) and (e). To represent the Administrator and to appoint attorneys to represent the Administrator in the conduct of business under sections 305 (d) and (e) of the National Aeronautics and Space Act of 1958, including execution of requests pursuant to said sections of the Act that patents be issued to the Administrator on behalf of the United States or that title be transferred to the Administrator;

(4) Certifications. To exercise the authority of the Administrator with respect to certifications in support of requests for extensions of time under section 267, title 35, United States Code; (5) Secrecy orders. To exercise all powers of the Administrator with respect to secrecy orders in patent cases and foreign filing under chapter 17, title 35, United States Code;

(6) Foreign patent program. To exercise the authority of the Administrator in taking all necessary action to obtain and maintain patents in foreign countries, including the execution of instruments necessary for the filing, prosecution, and maintenance of foreign applications and patents;

(7) Determination of rights. To execute notifications of the Administrator's determinations made pursuant to section 305(a) of the National Aeronautics and Space Act of 1958;

(8) Granting of licenses. To make the determinations and to take any and all actions with respect to the licensing of NASA inventions vested in the Administrator by the NASA Domestic Patent Licensing Regulations, NMI 5109.3A (§ 1245.2 of this chapter), and the NASA Foreign Patent Licensing Regulations, NMI 5109.5 (§ 1245.4 of this chapter), to sign all FEDERAL REGISTER notice material required by the Patent Licensing Regulations, and to otherwise grant licenses on any invention in which the Administrator has reserved the right to grant licenses;

(9) Acceptance of licenses and assignments. To accept on behalf of the United States, licenses and assignments of in

ventions, patents, and applications for patent;

(10) Acquisition authority. To exercise the power conferred on the Administrator by section 203(b) (3) of the National Aeronautics and Space Act of 1958, to acquire an interest in patents and patent applications, including the purchase of such interests in settlement of claims for the unauthorized use of patented inventions;

(11) Executive Order 10096. To make determinations of the respective rights of the Government and of the inventor in, and to, inventions made by employees of the National Aeronautics and Space Administration within the purview of Executive Order 10096 of January 23, 1950, as amended, and to appoint a liaison officer to deal with the Commissioner of Patents in such matters pursuant to 37 CFR 300.10, "Regulations Concerning Inventions Made by Government Employees"; and

(12) Authority to settle copyright claims. To exercise all powers conferred on the Administrator by section 1498 (b) of title 28, United States Code, including the settlement of claims for copyright infringement.

(b) Redelegation. (1) None authorized with respect to paragraphs (a) (3), (6), (8), (10), and (12) of this section.

(2) The authority included in paragraphs (a) (1), (2), (4), (5), (7), (9), and (11) of this section may be redelegated to the Assistant General Counsel for Patent Matters.

(3) The authority included in paragraph (a) (9) of this section to accept licenses and assignments of inventions may also be redelegated to the Patent Counsel of the Field Installation having cognizance of the invention.

(c) Reporting. The General Counsel, to whom authority is delegated in this § 1204.506-1, shall insure that feedback is provided to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder.

(42 U.S.C. 2473, 2457) [38 FR 4575, Feb. 16, 1973]

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(1) Powers of attorney. To appoint principal attorneys and to execute necessary powers of attorney for the purpose of filing and prosecuting patent applications in which the United States, as represented by the Administrátor, has an interest by way either of title or license;

(2) Application papers and statements. To receive patent applications, documents, and statements transmitted to the Administrator pursuant to section 305 (c) of the National Aeronautics and Space Act of 1958;

(3) Secrecy orders. To exercise all powers of the Administrator with respect to secrecy orders in patent cases and foreign filing under chapter 17, title 35, United States Code.

(4) Determination of rights. To execute notifications of the Administrator's determinations made pursuant to section 305(a) of the National Aeronautics and Space Act of 1958;

(5) Executive Order 10096. To make determinations of the respective rights of the Government and of the inventor in, and to, inventions made by employees of the National Aeronautics and Space Administration within the purview of Executive Order 10096 of January 23, 1950, as amended.

(b) Further redelegation. None authorized except by virtue of succession.

(c) Reporting. The Assistant General Counsel for Patent Matters, to whom authority is redelegated in this § 1204.506-2, shall insure that feedback is provided to the General Counsel through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority redelegated hereunder.

[38 FR 4576, Feb. 16, 1973] § 1204.506-3

Patent Counsels of Field

Installations.

(a) Redelegation. As authorized by § 1204.506-1, the Patent Counsel of the Field Installation having cognizance of the invention and, for NASA Headquarters, the Assistant General Counsel for Patent Matters are redelegated authority to accept on behalf of the United States, licenses and assignments of inventions, patents, and applications for patent.

(b) Further redelegation. None authorized except by virtue of succession.

(c) Reporting. The officials to whom authority is redelegated in this § 1204.

506-3 shall insure that feedback is provided to the General Counsel through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority redelegated hereunder.

[38 FR 4576, Feb. 16, 1973]

§ 1204.507 Delegation of authority to the Corps of Engineers Board of Contract Appeals.

(a) Determination: The Corps of Engineers Board of Contract Appeals, Office of the Chief of Engineers, United States Army (hereinafter referred to as the Board), is authorized to act for and exercise the full authority of the Administrator of the National Aeronautics and Space Administration in all cases in which by the terms of a Corps of Engineers' lease of NASA real property the lessee may appeal to the Administrator of NASA or his representative from the findings of fact and final decision of the contracting officer or his authorized representative.

(b) Delegation of authority: The Board shall have all powers necessary for the proper performance of its duties. This includes but is not limited to authority to conduct hearings, dismiss proceedings, order the production of documents and other evidence, take official notice of facts within general knowledge, and decide all questions of fact and law raised by the appeal. There shall be no administrative appeal from decisions of the Board.

(c) Counsel to represent the interests of the Government in proceedings before the Board shall be designated in accordance with current procedures of the Corps of Engineers as they may be amended from time to time.

130 F.R. 3378, Mar. 13, 1965]

§ 1204.508 Delegation of authority_of certain civil rights functions to Department of Health, Education, and Welfare.

(a) Pursuant to the authority of § 1250.111(c) of this chapter, the following responsibilities of the National Aeronautics and Space Administration and of the responsible NASA official under Title VI, Civil Rights Act of 1964 (78 Stat. 252) (42 U.S.C. 2000d), with respect to institutions of higher education were delegated by the Administrator, NASA, to the Secretary, Department of

Health, Education, and Welfare, on March 15, 1966:

(1) Responsibilities with respect to compliance reports, including receiving and evaluation thereof under § 1250.105 (b) of this chapter, and other actions under § 1250.105 of this chapter.

(2) All actions under § 1250.106 of this chapter, including periodic compliance reviews, receiving of complaints, investigations, determination of recipient's apparent failure to comply, and resolution of matters by informal means.

(b) NASA specifically has reserved to itself the responsibilities for effectuation of compliance under §§ 1250.107, 1250.108, and 1250.109 of this chapter.

(c) The responsibilities so delegated were and are to be exercised in accordance with the "Plan for Coordinated Enforcement Procedures for Higher Education" (dated February 1966), developed by interested Government agencies and approved by the Department of Justice; and redelegation by the Secretary to other officials of the Department of Health, Education, and Welfare was authorized.

(d) NASA has retained the right to exercise these responsibilities itself in special cases with the agreement of the appropriate official in the Department of Health, Education, and Welfare. The Office of Grants and Research Contracts, NASA Headquarters, has been designated to represent NASA in carrying out the provisions of this delegation.

(42 U.S.C. 2473(b)(1)) [32 F.R. 3883, Mar. 9, 1967]

EXTRATERRESTRIAL EXPOSURE

§ 1204.509 Power and authority-to exercise authority with respect extraterrestrial exposure.

to

(a) Delegation. The Associate Administrator for Manned Space Flight and the Associate Administrator for Space Science and Applications are hereby authorized to execute within their respective assigned program responsibilities the administrative actions specified in § 1211.104(a) of this chapter, subject to the limitations prescribed in Part 1211 of this chapter.

(b) Redelegation. Authority may be redelegated in writing to subordinate officials with the power of further redelegation.

(c) Reporting. The officials to whom authority is delegated in this section shall insure that feedback is provided

to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder.

[34 F.R. 11974, July 16, 1969]

§ 1204.510

Power and authority-to exercise authority with respect to extraterrestrial exposure.

(a) Redelegation. The Director of Space Medicine is redelegated authority pursuant to § 1204.509 to execute, within the assigned program responsibility of the Associate Administrator for Manned Space Flight, the administrative actions specified in § 1211.104(a) of this chapter, subject to the limitations prescribed in Part 1211 of this chapter.

(b) Further redelegation. Authority may be redelegated in writing to subordinate officials with the power of further redelegation.

(c) Reporting. The officials to whom authority is redelegated in this section shall ensure that feedback is provided to the Administrator through official channels to keep him fully and currently informed of significant actions, problems, or other matters of substance related to the exercise of the authority redelegated hereunder.

[34 F.R. 12624, Aug. 2, 1969]

§ 1204.511 Power and authority-to exercise authority with respect to extraterrestrial exposure.

(a) Redelegations. (1) The Director of the Manned Spacecraft Center is redelegated authority pursuant to § 1204.510 to execute the administrative actions specified in 1211.104(a) (5), (6), and (9) of this chapter, subject to the foliowing limitations:

(i) Actions taken under this authority shall be subject to review by the delegating authority.

(ii) The provisions of § 1211.104(a) (9) of this chapter apply to those authorities delegated.

(2) The Director of Medical Research and Operations, Manned Spacecraft Center is redelegated authority pursuant to § 1204.510 to execute the administrative actions specified in § 1211.104(a) (2), (3), (4), and (9) of this chapter, subject to the following limitations:

(1) Actions taken under this authority shall be subject to review by the delegating authority.

(ii) The provisions of § 1211.104(a) (9) of this chapter apply only to those authorities delegated.

(3) The authority to approve release of person, property, animal or other form of life or matter whatever is not redelegated.

(b) Further redelegation. The authorities granted in paragraph (a) of this section may be redelegated in writing to subordinate officials without power of further redelegation.

(c) Reporting. The officials to whom authority is redelegated in this section will take the necessary action to insure that the Office of Space Medicine, OMSF, NASA Headquarters, is fully and currently informed of significant problems, actions, and/or other matters of substance related to the exercise of authority redelegated hereunder. Copies of redelegations of authority will be provided to the Director of Space Medicine, NASA Headquarters.

[34 F.R. 12624, Aug. 2, 1969]

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Subpart 7-Collection of Civil Claims of the United States Arising Out of the Activities of the National Aeronautics and Space Administration AUTHORITY: The provisions of this Subpart 7 issued under 42 U.S.C. 2473 (b) (1).

SOURCE: The provisions of this Subpart 7 appear at 32 F.R. 6564, Apr. 28, 1967, unless otherwise noted.

§ 1204.700 Scope of subpart.

This subpart: (a) Sets forth certain procedures relating to the collection, compromise, suspension or termination of collection action, and referral, of civil claims of the United States arising out of the activities of the National Aeronautics and Space Administration (NASA); (b) designates NASA officials authorized to effect such actions; and (c) incorporates the "Joint Regulations Prescribing Standards for Administrative Collection, Compromise, Termination of Agency Collection Action, and Referral to General Accounting Office, and to Department of Justice for Litigation, of Civil Claims by Government for Money or Property" (4 CFR Chapter II).

§ 1204.701 Incorporation of 4 CFR Chapter II.

The "Joint Regulations Prescribing Standards for Administrative Collection,

Compromise, Termination of Agency Collection Action, and Referral to General Accounting Office, and to Department of Justice for Litigation, of Civil Claims by Government for Money or Property" (4 CFR, Chapter II) is hereby incorporated in and made a part of this subpart.

§ 1204.702

Delegation of authority.

(a) The following NASA officials are hereby delegated authority to take such action as is authorized by the provisions of this subpart and other applicable laws and regulations, including action to effect the collection, compromise, suspension or termination of collection action, and referral, of claims:

(1) With respect to claims which arise out of the activities of a NASA field installation: The Director of that installation or a designee reporting directly to him. A copy of each such designation, if any, by the Director of the installation shall be sent to the Director of Financial Management. NASA Headquarters to assist him in fulfilling nis functional responsibilities.

(2) With respect to all other claims: The Director, Headquarters Administration Office or a designee reporting directly to him.

(b) For the purposes of this § 1204.702, "claim" means a civil claim of the United States, arising from the activities of NASA, for such an amount, or for such specific property, as has been determined by a cognizant NASA official (e.g., the contracting officer or the NASA Board of Contract Appeals, as may be appropriate, in regard to a claim against a contractor arising under a contract; or a Chief Counsel or the General Counsel or Deputy General Counsel, in regard to a claim arising from tortious injury to Government property).

§ 1204.703 Consultation with appropriate officials; negotiation.

The authority, pursuant to § 1204.702, to determine to forego the collection of interest, to accept payment of a claim in installments, or, as to claims which do not exceed $20,000 exclusive of interest, to compromise a claim or to refrain from doing so, or to suspend or terminate collection action or to refrain from such action shall be exercised only after consultation with the following NASA officials or their designees, who may be requested to negotiate the appropriate agreements or arrangements with the debtor:

(a) With respect to claims against contractors or grantees arising in connection with contracts or grants: The contracting officer.

(b) With respect to claims against commercial carriers for loss of or damage to in-transit NASA freight: The cognizant transportation officer, or the official who determined the amount of the claim, as appropriate.

(c) With respect to claims against employees of NASA incident to their employment: The personnel officer of the installation concerned.

(d) With respect to all other claims: The Chief Counsel of the installation concerned; or, in the case of such claims arising out of the activities of NASA Headquarters, the General Counsel. § 1204.704

Legal review.

The installation counsel's office shall review and concur in the following.

(a) All communications to and agreements with debtors relating to claims collection.

(b) All determinations to compromise a claim, or to suspend or terminate collection action.

(c) All referrals of claims, other than referrals to the Department of Justice pursuant to §1204.707(a).

(d) All documents releasing debtors from liability to the United States.

(e) All other actions relating to the collection of a claim which in the opinion of the official designated in or pursuant to § 1204.702 may affect the rights of the United States. § 1204.705

sion.

Services of Inspections Divi

At the request of an official designated in or pursuant to § 1204.702, the Inspections Division (including regional inspectors) will, where practicable, conduct such investigations as may assist in the collection, compromise, or referral of claims of the United States, including investigations to determine the location and financial resources of debtors. § 1204.706 Execution of releases.

Upon receipt of full payment of a claim, or the amount in compromise of a claim as determined pursuant to this subpart, the official designated in or pursuant to § 1204.702 will, upon demand by the debtor, prepare and execute, on behalf of the United States, an appropriate release, which release shall include the provision that it shall be void if pro

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