42 USC 2458 NASA - Contributions and Awards

§ 2458

TITLE 42—THE PUBLIC HEALTH AND WELFARE

EMERGENCY RELIEF FROM POSTAL SITUATION
AFFECTING NATIONAL SPACE PROGRAM CASES
Excusal of delayed fees or actions affected by postal
situation beginning on Mar. 18, 1970, and ending on or
about Mar. 30, 1970, see Pub. L. 92–34, June 30, 1971, 85
Stat. 87, set out as a note under section 111 of Title 35,
Patents.

§ 2458. Contributions awards
(a) Applications; referral to Board; hearing; recommendations; determination by Administrator
Subject to the provisions of this section, the
Administrator is authorized, upon his own initiative or upon application of any person, to
make a monetary award, in such amount and
upon such terms as he shall determine to be
warranted, to any person (as defined by section
2457 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 any
such award shall be referred to the Inventions
and Contributions Board established under section 2457 of this title. Such Board shall accord to
each such applicant an opportunity for hearing
upon such application, and shall transmit to the
Administrator its recommendation as to the
terms of the award, if any, to be made to such
applicant for such contribution. In determining
the terms and conditions of any 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 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 contribution by the
United States; and
(4) such other factors as the Administrator
shall determine to be material.
(b) Apportionment of awards; surrender of
claims to compensation; limitation on
amount; reports to Congressional committees
If more than one applicant under subsection
(a) of this section claims an interest in the same
contribution, the Administrator shall ascertain
and determine the respective interests of such
applicants, and shall apportion any award to be
made with respect to such contribution among
such applicants in such proportions as he shall
determine to be equitable. No award may be
made under subsection (a) of this section with
respect to any contribution—
(1) unless the applicant surrenders, by such
means as the Administrator shall determine
to be effective, all claims which such applicant
may have to receive any compensation (other
than the award made under this section) for
the use of such 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 any treaty or
agreement with the United States, within the
United States or at any other place;

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(2) in any amount exceeding $100,000, unless
the Administrator has transmitted to the appropriate committees of the Congress a full
and complete report concerning the amount
and terms of, and the basis for, such proposed
award, and thirty calendar days of regular session of the Congress have expired after receipt
of such report by such committees.
(Pub. L. 85–568, title III, § 306, July 29, 1958, 72
Stat. 437.)
§ 2458a. Malpractice and negligence suits against
United States
(a) Exclusive remedy
The remedy against the United States provided 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 supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the
Administration in the performance of medical,
dental, or related health care functions (including clinical studies and investigations) while
acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding
by reason of the same subject matter against
such physician, dentist, nurse, pharmacist, or
paramedical or other supporting personnel (or
the estate of such person) whose act or omission
gave rise to such action or proceeding.
(b) Attorney General to defend any civil action
or proceeding for malpractice or negligence;
service of process
The Attorney General shall defend any civil
action or proceeding brought in any court
against any person referred to in subsection (a)
of this section (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 and such person shall promptly furnish
copies of the pleading and process therein to the
United States Attorney for the district embracing the place wherein the proceeding is brought
to the Attorney General and to the Administrator.
(c) Removal of actions; certification by Attorney
General; remand to State court
Upon a certification by the Attorney General
that any person described in subsection (a) of
this section was acting in the scope of such person’s duties or employment at the time of the
incident out of which the suit arose, any such
civil action or proceeding commenced in a State
court shall be removed without bond at any
time before trial by the Attorney General to the
district court of the United States of the district and division embracing the place where- in
it is pending and the proceeding deemed a tort
action brought against the United States under
the provisions of title 28, and all references