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the Administrator, has an interest by U.S.C. 1498(b), including the settleway of either title or license;
ment of claims for copyright infringe(c) Application papers and state ment; ments. To receive patent applications, (k) Granting of licenses. To make documents, and statements transmit the determinations and to take any ted to the Administrator pursuant to and all actions with respect to the lisection 305(C) of the National Aero censing of NASA inventions vested in nautics and Space Act of 1958, as the Administrator by the NASA DOamended;
mestic Patent Licensing Regulations, (d) Acceptance of licenses and as 14 CFR Subpart 1245.2 (NASA Mansignments. To accept on behalf of the agement Instruction 5109.3) and the United States licenses under, assign NASA Foreign Patent Licensing Regu. ments of, and other rights in inven
lations, 14 CFR Subpart 1245.4 (NASA tions, patents, and applications for Management Instruction 5109.5) to patents;
sign all FEDERAL REGISTER notice mate(e) Secrecy orders. To exercise all
rial required by the patent licensing powers of the Administrator with re
regulations and to otherwise grant lispect to secrecy orders in patent cases
censes on any invention in which the and foreign filing under 35 U.S.C. 181
Administrator has reserved the right et seq.;
to grant licenses; and (f) Certifications. To exercise the
(1) Waiver determinations and inauthority of the Administrator with
struments. To sign for the Administrarespect to certifications in support of
tor attestations of determinations of requests for extensions of time under
grant or denial of waiver of title to in. 35 U.S.C. 267;
ventions and to execute instruments (g) Foreign patent program. To exer
of waiver, when in accordance with cise the authority of the Administra
the recommendations of the Inventor in taking all necessary action to
tions and Contributions Board, and obtain and maintain patents in foreign
the NASA Patent Waiver Regulations, countries, including the execution of instruments necessary for filing, pros
14 CFR Subpart 1245.1 (NASA Man. ecution, and maintenance of foreign
agement Instruction 5109.2). applications and patents;
8 1245.502 Associate General Counsel for (h) Authority under section 305 (d)
Intellectual Property. and (e). To represent the Administrator and to appoint attorneys to repre
The Associate General Counsel for sent the Administrator in the conduct Intellectual Property provides funcof business under sections 305 (d) and tional direction to all Patent Counsel (e) of the National Aeronautics and and is redelegated the authority to Space Act of 1958, as amended, includ take the following actions: ing execution of requests pursuant to (a) Rights determinations. (1) TO said sections of the act that patents be execute notifications of the Adminis. issued to the Administrator on behalf trator's determinations made pursuant of the United States or that title be to section 305(a) of the National Aerotransferred to the Administrator;
nautics and Space Act of 1958, as (i) Acquisition authority. To exercise amended; the power conferred on the Adminis- (2) To make determinations, under trator by the National Aeronautics Executive Order 10096 of January 23, and Space Act of 1958, as amended, to 1950 as amended, of the respective acquire an interest in patents and rights of the Government and of the patent applications, including the pur inventor in and to inventions made by chase of such interests in settlement employees under the administrative of claims for the unauthorized use of jurisdiction of the National Aeronau. patented inventions and to acquire in tics and Space Administration, and to terests in copyrights, trademarks, and appoint a liaison officer to deal with trade names;
the Commissioner of Patents in such (j) Authority to settle copyright matters pursuant to 37 CFR 100.10, claims. To exercise all powers con- “Administration of a Uniform Patent ferred on the Administrator by 28 Policy With Respect to the Domestic Rights in Inventions Made by Govern- tions, patents, and applications for ment Employees”;
patents. (b) Powers of attorney. To appoint
(43 FR 34122, Aug. 3, 1978, as amended at 56 and/or revoke principal attorneys and
FR 19797, Apr. 30, 1991) to execute necessary powers of attorney for the purpose of filing and pros § 1245.504 Further redelegation. ecuting patent applications in which
None authorized except by virtue of the United States, as represented by
succession. the Administrator, has an interest by way either of title or license; (c) Application papers and state
PART 1250—NONDISCRIMINATION ments. To receive patent applications,
IN FEDERALLY-ASSISTED PROdocuments, and statements transmit
GRAMS OF NASA-EFFECTUATION ted to the Administrator pursuant to OF TITLE VI OF THE CIVIL RIGHTS section 305(c) of the National Aero ACT OF 1964 nautics and Space Act of 1958, as amended;
Sec. (d) Acceptance of licenses and as- 1250.100 Purpose. signments. To accept, on behalf of the 1250.101 Applicability. United States, licenses under, assign 1250.102 Definitions. ments of, and other rights in inven
1250.103 Discrimination prohibited. tions, patents, and applications for
1250.103-2 Specific discriminatory acts propatents; and
hibited. (e) Secrecy orders. To exercise all
1250.103-3 Employment practices. powers of the Administrator with re
1250.103-4 Illustrative applications. spect to secrecy orders in patent cases
1250.103-5 Special programs. and foreign filing under 35 U.S.C. 181 1250.103-6 Medical emergencies. et seq.
1250-105 Compliance information. (43 FR 34122, Aug. 3, 1978, as amended at 56
1250.106 Conduct of investigations. FR 19797, Apr. 30, 1991)
1250.107 Procedure for effecting compli
ance. 8 1245.503 Patent Counsel of Field Instal
1250.108 Hearings. lations.
1250.109 Decisions and notices. Patent Counsel of Field Installations 1250.110 Judicial review. and Patent Counsel, NASA Resident
1250.111 Effect on other regulations; forms
and instructions. Legal Office, Pasadena, Calif., are re
1250.112 Relationship with other officials. delegated authority to take the following actions:
APPENDIX A TO PART 1250–NASA FEDERAL (a) Rights determination. To make
FINANCIAL ASSISTANCE TO WHICH THIS
PART APPLIES determination, under Executive Order 10096 of January 23, 1950, as amended, AUTHORITY: Sec. 602, 78 Stat. 252, 42
· the respective rights of the Govern. U.S.C. 2000d-1; and the laws listed in Apment and of the inventor in and to in
pendix A to this part. ventions made by employee under the SOURCE: 30 FR 301, Jan. 9, 1965, unless administrative jurisdiction of their in otherwise noted. stallations in those instances where the Government is entitled to obtain
§ 1250.100 Purpose. the entire right, title, and interest, and The purpose of this part is to effecto make each determination, with the tuate the provisions of Title VI of the concurrence of the Associate General Civil Rights Act of 1964 (hereafter reCounsel for Intellectual Property, in ferred to as “the Act”) to the end that those instances where the Govern no person in the United States shall, ment acquires less than the entire do- on the ground of race, color or nationmestic right, title, and interest.
al origin, be excluded from participa(b) Acceptance of licenses and as tion in, be denied the benefits of, or be signments. To accept on behalf of the otherwise subjected to discrimination United States licenses under, assign- under any program or activity receivments of and other rights in inven- ing Federal financial assistance from
the National Aeronautics and Space and the term application means such Administration, hereinafter referred an application, request, proposal or to as NASA.
(c) Facility includes all or any por. 8 1250.101 Applicability.
tion of structures, equipment, or other (a) Covered programs. (1) This part real or personal property or interests applies to any program for which Fed therein, and the provision of facilities eral financial assistance is authorized includes the construction, expansion, under a law administered by NASA, in- renovation, remodeling, alteration or cluding the federally-assisted pro- acquisition of facilities. grams and activities listed in Appendix (d) Federal financial assistance inA to this part. The fact that a pro- cludes (1) grants and loans of Federal gram or activity is not listed in Appen- funds, (2) the grant or donation of dix A shall not mean, if Title VI of the Federal property and interests in Act is otherwise applicable, that such property, (3) the detail of Federal perprogram is not covered. Other pro sonnel, (4) the sale and lease of, and grams under statutes now in force or the permission to use (on other than a hereafter enacted may be added to Ap casual or transient basis), Federal pendix A by notice published in the property or any interest in such propFEDERAL REGISTER.
erty without consideration or at a (2) This part applies to money paid, nominal consideration, or at a considproperty transferred, or other Federal eration which is reduced for the purfinancial assistance extended under pose of assisting the recipient, or in any such program after the effective recognition of the public interest to be date of this part pursuant to an appli- served by such sale or lease to the recation approved prior to such effective cipient, and (5) any Federal agree. date.
ment, arrangement, or other contract (b) Excluded activities. This part which has as one of its purposes the does not apply to (1) any Federal fi- provision of assistance. nancial assistarice by way of insurance (e) NASA means the National Aeroor guaranty contracts, (2) money paid, nautics and Space Administration property transferred, or other assist (f) Primary recipient means any reance extended under any such pro- cipient which is authorized or required gram before the effective date of this to extend Federal financial assistance part, except as provided in paragraph to another recipient for the purpose of (a) of this section, (3) any assistance to carrying out a program. any individual who is the ultimate (g) Principal Compliance Officer beneficiary under any such program, means the Director, Equal Employ. (4) any employment practice, under ment Opportunity Office, Office of any such program, of any employer, Organization and Management, NASA employment agency, or labor organiza- Headquarters, or any successor officer tion, except as provided in § 1250.103- to whom the Administrator should 3, (5) contracts not covered in the pro- delegate authority to perform the grams listed in Appendix A, or (6) ad- functions assigned to the Principal vances, V-loans, and other financial as- Compliance Officer by this part. sistance made incident to NASA pro (h) Program includes any program, curements not covered in the pro project, or activity for the provision of grams listed in Appendix A.
services, financial aid, or other bene
fits to individuals (including education 8 1250.102 Definitions.
or training) whether provided through As used in this part
employees of the recipient of Federal (a) Administrator means the Admin financial assistance or provided by istrator of the NASA.
others through contracts or other ar(b) Applicable means one who sub- rangements with the recipient, and inmits an application, request, proposal, cluding work opportunities and cash or plan required to be approved by a or loan or other assistance to individresponsible NASA official, or by a pri- uals, or for the provision of facilities mary recipient, as a condition to eligi. for furnishing services, financial aid or bility for Federal financial assistance; other benefits to individuals. The serv
ices, financial aid, or other benefits al origin be excluded from participaprovided under a program receiving tion in, be denied the benefits of, or be Federal financial assistance shall be otherwise subjected to discrimination deemed to include any services, finan- under any program to which this part cial aid, or other benefits provided applies. with the aid of Federal financial assistance or with the aid of any non- 8 1250.103–2 Specific discriminatory acts Federal funds, property, or other re prohibited. sources required to be expended or
(a) A recipient under any program to made available for the program to
which this part applies may not, dimeet matching requirements or other
rectly or through contractual or other conditions which must be met in order
arrangements, on ground of race, to receive the Federal financial assist
color, or national origin: ance, and to include any services, fi
(1) Deny an individual any service, nancial aid, or other benefits provided in or through a facility provided with
financial aid, or other benefit provided
under the program; the aid of Federal financial assistance or such non-Federal resources.
(2) Provide any service, financial aid, (i) Recipient means any State, politi
or other benefit to an individual which cal subdivision of any State, or instru
is different, or is provided in a differmentality of any State or political sub
ent manner, from that provided to division, any public or private agency,
others under the program; institution, or organization, or other
(3) In determining the site or locaentity, or any individual, in any State,
tion of facilities, a recipient or applito whom Federal financial assistance
cant may not make selections with the is extended, directly or through an
purpose or effect of excluding individother recipient, for any program, in
uals from, denying them the benefits cluding any successor, assign, or trans
of, or subjecting them to discriminaferee thereof, but such term does not
tion under any program to which this include any ultimate beneficiary under
regulation applies, on the grounds of any such program.
race, color, or national origin; or with (j) Responsible NASA official means:
the purpose or effect of defeating or (1) The heads of Offices at NASA
substantially impairing the accomHeadquarters responsible for making plishment of the objectives of the Act grants, and contracts of the kind listed or this regulation. in Appendix A; and
(4) Subject an individual to segrega(2) Each Director of a field installa- tion or separate treatment in any tion which makes or administers matter related to his receipt of any grants and contracts of the kind listed service, financial aid, or other benefit in Appendix A, or any officer to whom under the program; he has delegated authority to act (5) Restrict an individual in any way within the areas of responsibility as in the enjoyment of any advantage or signed to him under this part.
privilege enjoyed by others receiving (k) United States means the States any service, financial aid, or other benof the United States, the District of efit under the program; Columbia, Puerto Rico, the Virgin Is- (6) Treat an individual differently lands, American Samoa, Guam, Wake from others in determining whether Island, the Canal Zone, and the terri- he satisfies any admission, enrollment, tories and possessions of the United quota, eligibility, membership or other States, and the term State means any requirement or condition which indi. one of the foregoing.
viduals must meet in order to be pro(30 FR 301, Jan. 9, 1965, as amended at 38
vided any service, financial aid, or FR 17936, July 5, 1973)
other benefit provided under the pro
gram; 8 1250.103 Discrimination prohibited.
(7) Deny an individual an opportuni
ty to participate in the program 8 1250.103-1 General.
through the provision of services or No person in the United States shall, otherwise or afford him an opportunion the ground of race, color or nation ty to do so which is different from
that afforded others under the pro- activity to which this regulation apgram (including the opportunity to plies the applicant or recipient has an participate in the program as an em obligation to take reasonable action to ployee but only to the extent set forth remove or overcome the consequences in § 1250.103-3).
of the prior discriminatory practice or (b) A recipient, in determining the usage, and to accomplish the purpose types of services, financial aid, or of the Act. other benefits, or facilities which will be provided under any such program,
(30 FR 301, Jan. 9, 1965, as amended at 38 or the class of individuals to whom, or
FR 17936, July 5, 1973] the situations in which, such services,
8 1250.103–3 Employment practices. financial aid, other benefits, or facilities will be provided under any such
(a) Where a primary objective of the program, or the class of individuals to
Federal financial assistance to a probe afforded an opportunity to partici
gram to which this part applies is to pate in any such program, may not, di
provide employment, a recipient may rectly or through contractual or other
not directly or through contractual or arrangements. utilize criteria or meth. other arrangements subject an individods of administration which have the
ual to discrimination on the ground of effect of subjecting individuals to dis
race, color, or national origin in its emcrimination because of their race,
ployment practices under such procolor, or national origin, or have the
gram (including recruitment or reeffect of defeating or substantially im cruitment advertising, employment, pairing accomplishment of the objec
layoff or termination, upgrading, detives of the program as respects indi. motion, or transfer, rates of pay or viduals of a particular race, color, or
other forms of compensation, and use national origin.
of facilities), including programs (c) As used in this section the serv
where a primary objective of the Fedices, financial aid, or other benefits
eral financial assistance is (1) to assist provided under a program receiving
such individuals through employment Federal financial assistance shall be
to meet expenses incident to the comdeemed to include any service, finan mencement or continuation of their cial aid, or other benefit provided in or education or training, or (2) to provide through a facility provided with the
work experience which contributes to aid of Federal financial assistance. the education or training of such indi
(d) A recipient may not take action viduals. that is calculated to bring about indi.
(b) Employment opporiunities prorectly what this part forbids it to ac- vided in connection with any of the complish directly.
programs listed in Appendix A, which (e) The enumeration of specific opportunities are limited, or for which forms of prohibited discrimination in preference is given, to students, felthis section does not limit the general lows, or other persons in training for ity of the prohibition in § 1250.103-1. the same or related employments, are This regulation does not prohibit the programs of the kind described in consideration of race, color, or nation
paragraph (a) (1) and (2) of this sec. al origin if the purpose and effect are tion. to remove or overcome the conse (c) The requirements applicable to quences of practices or impediments construction employment under any which have restricted the availability such program shall be those specified of, or participation in, the program or in or pursuant to Executive Order activity receiving Federal financial as 11246 or any Executive order which sistance, on the grounds of race, color, supersedes it. or national origin. Where previous dis- (d) Where a primary objective of the criminatory practices or usage tends, Federal financial assistance is not to on the grounds of race, color, or na- provide employment, but discriminational origin, to exclude individuals tion on the grounds of race, color, or from participation in, to deny them national origin in the employment the benefits of, or to subject them to practices of the recipient or other perdiscrimination under any program or sons subject to the regulation tends,