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(a) NASA Seal. Any person who uses the official NASA Seal in a manner other than as authorized in this Part 1221 shall be subject to the provisions of 18 U.S.C. 1017, which provides as follows:

"Government seals wrongfully used and instruments wrongfully sealed '

"Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency of the United States, to or upon any certificate, instrument, commission, document, or paper or with knowledge of its fraudulent character, with wrongful or fraudulent intent, uses, buys, procures, sells, or transfers to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both." (June 25, 1948, ch. 62 Stat. 753.)

(b) NASA insignia, NASA Logotype, NASA Program and NASA Astronaut Badges. Any person who uses the NASA Insignia, NASA Logotype, official NASA Program Badges or official NASA Astronaut Badges in a manner other than as authorized in this Part 1221 shall be subject to the provisions of 18 U.S.C. 701, which provides as follows:

"Official badges, identification cards, other insignia

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"Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by an officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engravings, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any co

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lorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined not more than $250 or imprisoned not more than six months or both." (June 25, 1948, ch. 645, 62 Stat. 731).

§ 1221.113 Compliance and enforcement.

In order to ensure adherence to the authorized uses of the NASA Seal, the NASA Insignia, the NASA Logotype, official NASA program Badges, official NASA Astronaut Badges and the NASA Flags as provided herein, a report of each suspected violation of this Part 1221 (including the use of unauthorized NASA Insignias) or of questionable usages of the NASA Seal, the Insignia, the Logotype, official NASA Program Badges, official NASA Astronaut Badges, or the NASA Flags shall be submitted to the Director of Inspections in accordance with NASA Management Instruction 1960.1.

§ 1221.114 Illustration of the NASA Seal.

§ 1221.115 Illustration of the NASA Insignia.

§ 1221.116 Illustration of the NASA Logotype Insignia.

§ 1221.117 Illustration of the NASA Flag.

Subpart 1221.2-The Congressional Space Medal of Honor

AUTHORITY: Pub. L. 91-76, September 29,

1969.

SOURCE: 43 FR 15624, Apr. 14, 1978, unless otherwise noted.

§ 1221.200 Scope.

This subpart establishes procedures for nominating an astronaut for the Congressional Space Medal of Honor.

§ 1221.201 Basis for award of the medal.

(a) The standard of award for the Congressional Space Medal of Honor is established by Pub. L. 91-76 (42 U.S.C. 2461) which provides that the President may award the Medal to any "astronaut who in the performance of his duties has distinguished himself by exceptionally meritorious efforts and contributions to the welfare of the Nation and of mankind."

(b) Only one Congressional Space Medal of Honor may be awarded to a person. However, for each succeeding act that would otherwise justify the award of the Medal, the President may award a suitable bar or other device.

(c) The Medal may be awarded to any person who is or has been designated to travel in space and who has distinguished himself or herself while undertaking duties in preparation for, execution of, or subsequent to, but in connection with, a space flight.

(d) The Medal may be awarded for actions occurring before the effective date of this Subpart 1221.2, and, when appropriate, posthumously.

§ 1221.202 Description of the medal.

The description of the Congressional Space Medal of Honor, which was designed by the Institute of Heraldry, U.S. Army, is set forth in Appendix A to this subpart. Each person awarded the Medal also shall receive a citation describing the basis for the award.

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(a) Formal nominations for award of the Congressional Space Medal of Honor on behalf of NASA will be made by the Administrator to the President.

(b) Any person may recommend to the Administrator that an astronaut be nominated for award of the Medal. Such a recommendation must be in writing, and must describe in concise detail the events believed to warrant award of the Medal. The recommendation should, if appropriate, be accompanied by supporting documentation, such as eyewitness statements, extracts from official records, sketches, photographs, etc.

(c) All recommendations for nominations submitted to the Administrator or made on his own initiative will be

referred to the NASA Incentive Awards Board for the purpose of investigating and making findings of fact and giving advice to the Administrator.

(d) Any recommendation involving an astronaut who is a member of the armed services on active duty or who is employed by another agency of the Federal Government but temporarily

assigned or detailed to NASA shall also be transmitted to the Secretary of Defense or the head of the employing agency, as appropriate, for his or her recommendation.

(e) The Administrator will forward to the President his recommendation, and that of the astronaut's employing agency, as appropriate.

§ 1221.204 Proceedings of the NASA Incentive Awards Board.

The NASA Incentive Awards Board shall thoroughly consider the facts giving rise to a recommendation for nomination and shall prepare a report for the Administrator. The Board should, to the extent practicable, coordinate its efforts with those of the astronaut's employing agency, as appropriate. Its final report must take into account any pertinent information submitted by the employing agency.

APPENDIX A-CONGRESSIONAL SPACE
MEDAL OF HONOR
OBVERSE

DESCRIPTION

A circular green enamel wreath of laurel surmounted by a five-pointed gold star (with vertical point downward) and issuing from between each point a gold flame, the star surmounted by a light blue enamel cloud bank with five lobes edged in gold bearing a five-pointed dark blue enamel star fimbriated gold and charged in center with a diamond; standing upon the wreath at top center a gold eagle with wings displayed.

SYMBOLISM

The laurel wreath, a symbol of great achievement, with the overlapping star points, simulates space vehicles moving to greater accomplishments through space. The flames signify the dynamic energy of the rocket era and the imagination of the men in the space program of the United States. The stylized glory cloud alludes to the glory in the coat of arms of the United States and to the high esteem of the award. The dark blue voided star symbolizes the vast mysteries of outer space while the brilliancy of the feat is represented by a diamond. The eagle with wings raised in the spirit of peace represents man's first landing on another planet.

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The scarlet center line on the white band symbolizes the courage of the astronauts in the nation's manned space program and the fire power of rockets that carry the crew through the earth's atmosphere (light blue); the light blue is the same color as the chief of the shield of the coat of arms of the United States which appears on the President's flag. The dark blue symbolizes the hostile environment of space, the gold edge representing success and accomplishment. Red, white and blue are also the national colors of the United States.

MINIATURE

DESCRIPTION

A one-half size replica of the medal and suspension ribbon approximately 26 inches in overall length.

LAPEL EMBLEM

DESCRIPTION

A miniature of the obverse of the medal, 16 inch in diameter, all gold with a diamond in center.

ROSETTE

DESCRIPTION

One-half inch in diameter in the colors of the ribbon.

1240.205 Financial accounting.

1240.206 Delegation of authority.

Subpart 1-Awards for Scientific and Technical Contributions

AUTHORITY: 42 U.S.C. 2457 and 2458. SOURCE: 32 FR 6272, Apr. 21, 1967, unless otherwise noted.

§ 1240.100 Scope.

This Subpart 1 prescribes procedures for the granting of monetary awards by the Administrator of the National Aeronautics and Space Administration for scientific and technical contributions having significant value in the conduct of aeronautical and space activities. This subpart applies to any scientific or technical contribution having significant value in the conduct of aeronautical and space activities for which an application for award has been made.

§ 1240.101 Criteria.

(a) Only those contributions to the Administration having significant value in the conduct of aeronautical and space activities will be recommended for award under this Subpart 1.

(b) In determining the terms and conditions of any award, the following criteria will be considered:

(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 such contribution;

(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 such contributions by the United States; and

(4) Such other factors as the Administrator shall determine to be material.

§ 1240.102 Applications for awards.

for

(a) Eligibility. Applications award may be submitted by any person including any individual, partnership, corporation, association, institution, or other entity.

(b) Information Required. Applications for award should be addressed to the Inventions and Contributions Board (herein referred to as the Board), National Aeronautics and Space Administration, Washington, D.C., and shall contain:

(1) The name and address of the applicant, his relationship to the contributor if the contribution is made by one other than the applicant, and the names and addresses of any others having an interest in the contribution;

(2) A complete written description of the contribution, in the English language, accompanied by drawings, sketches, diagrams, or photographs illustrating the nature of the contribution and the technical and scientific principles upon which it is based, and any available test or performance data or observations of pertinent scientific phenomena;

(3) The date and manner of any previous submittal of the contribution to any other U.S. Government agency, and the name of such agency;

(4) The aggregate amount of any sums which have been expended by the applicant for the development of the contribution;

(5) The nature and extent of any known use of the contribution by the United States and by any agency of the U.S. Government;

(6) 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 such contribution by the United States; and

(7) Identification of any United States and foreign patents applied for or issued relating to the contribution.

(c) General. (1) Each contribution should be made the subject of a separate application in order that each may be evaluated individually.

(2) Material constituting a possible hazard to safety or requiring unusual storage facilities should not be submitted, and will not be accepted. In those few cases where models or other intricate exhibits have been submitted pursuant to a request made by the Board the same will be returned to the applicant upon his written request.

(3) It is the policy of the Board to use or disclose information contained in applications for evaluation purposes only. Applications submitted with restrictive legends or statements differing from this policy shall be treated in accordance with the Board's policy.

§ 1240.103 Evaluation of contributions.

(a) The Board will evaluate the contribution on the basis of the material submitted by the applicant.

(b) With respect to each application, the Board will notify the applicant:

(1) In cases where it proposes to recommend to the Administrator the granting of an award, the amount and terms of the award, together with a statement of the reasons for such recommendation;

(2) In cases where it does not propose to recommend to the Administrator the granting of an award, a brief statement of the reasons for such decision; and

(3) That he may, within such period as the Board may set but in no event less than 30 days from notification, request either reconsideration or an oral hearing.

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§ 1240.104 Hearing procedure.

Hearings held by the Board shall be in accordance with the following procedures:

(a) The applicant may be represented by attorneys or any other appropriately designated persons.

(b) Hearings will be open to the public unless the applicant requests that a closed hearing be held.

(c) Hearings may be held before the full membership of the Board or before any panel of Board members designated by the Chairman.

(d) Hearings shall be conducted in an informal manner with the objective of providing the applicant with a full opportunity to present evidence and arguments in support of the application. Evidence may be presented through means of such witnesses, exhibits, and visual aids as are arranged for by the applicant. While proceedings will be ex parte, members of the Board, and its counsel may address questions to witnesses called by the applicant, and the Board may, at its option, utilize the assistance of technical advisors or other experts.

(e) Subject to the provisions of § 1240.102(c)(2), the applicant will submit a copy of any exhibit or visual aid utilized unless otherwise directed by the Board. The Board may, at its discretion, arrange for a written transcript of the proceedings and a copy of such transcript will be made available by the recorder for purchase by the applicant.

(f) No funds are available to defray traveling expenses or any other cost to the applicant.

§ 1240.105 Recommendation to the Administrator.

Upon a determination by the Board that a contribution merits an award, the Board will recommend to the Administrator the terms and conditions of the award proposed. The recommendations of the Board to the Administrator will reflect the views of the majority of the Board members. Dissenting views may be transmitted with the majority opinion.

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1958, no award will be made to an applicant unless he submits a duly executed release, in a form specified by the Administrator, of all claims he may have to receive any compensation (other than the award recommended) from the U.S. Government for use of his contribution or any element thereof by or on behalf of the United States or any foreign government pursuant to any existing or future treaty or agreement with the United States.

Subpart 2-Awards for Reported Scientific and Technical Contributions-NASA and Contractor Employees

AUTHORITY: Sec. 306 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2458).

SOURCE: 43 FR 7309, Feb. 22, 1978, unless otherwise noted.

§ 1240.200 Scope.

This Subpart 2 outlines the present policy and revises the procedures for granting monetary awards to NASA and NASA contractor employees for scientific and technical contributions which are reported to NASA and are determined to have significant value in the conduct of aeronautical and space activities.

§ 1240.201 Applicability.

This Subpart 2 relates to any scientific or technical contribution which is a significant development that (a) advances the state of knowledge in space or aeronautical activities, or (b) is the subject of a United States patent application that has been authorized for filing, or (c) is the subject of a NASA tech brief that has been approved for publication; and to the actions to be taken to grant monetary awards for each of these contributions.

§ 1240.202 Policy.

Monetary awards are authorized and shall be made to employees of NASA and NASA contractors for a scientific or technical contribution, whether patentable or not, upon determination that the contribution is of significant

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