Sec. 215. Royalties and other payments received for designated activities
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It is the sense of Congress that the Administrator should determine a threshold for which it may be appropriate for NASA to recoup the costs of supporting the creation of invention aboard the ISS, through the negotiation of royalties, similar to agreements made by other Federal agencies that support private sector innovation. Subchapter III of chapter 201 of title 51, United States Code, as amended by sections 213 and 214, is further amended by adding at the end the following:
Notwithstanding any other provision of law, if the Administration, under the terms of a written contract for the performance of a designated activity, agrees to provide, unreimbursed, the total cost of a contribution by the Federal Government of the use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs
(1)and
(4)of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) ), the Administrator shall negotiate an agreement on the terms and rates of royalty payments with respect to an invention or class of inventions conceived or first reduced to practice by any person or class of persons in the performance of such designated activities. Notwithstanding sections 3710a and 3710c of title 15 and any other provision of law, after payment in accordance with subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the inventors who have directly assigned to the Federal Government their interests in an invention under a written contract with the Administration or the ISS management entity for the performance of a designated activity, the balance of any royalty or other payment received by the Administrator or the ISS management entity from licensing and assignment of such invention shall be paid by the Administrator or the ISS management entity, as applicable, to the Space Exploration Fund. There is established in the Treasury of the United States a fund, to be known as the Space Exploration Fund (referred to in this subsection as the Fund ), to be administered by the Administrator. The Fund shall be available without fiscal year limitation and without further appropriation to carry out space exploration activities under section 20302. There shall be deposited in the Fund— amounts appropriated to the Fund; fees and royalties collected by the Administrator or the ISS management entity under subsections
(a)and (b); and donations or contributions designated to support authorized activities. Amounts available to the Administrator under this subsection shall be in addition to amounts otherwise made available for the purpose described in paragraph (2). The terms used in this section have the meanings given the terms in section 20150. . The table of sections for chapter 201 of title 51, United States Code, as amended by sections 213 and 214, is further amended by inserting after the item relating to section 20151 the following: 20152. Royalties and other payments received for designated activities. .
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Sec. 215
Royalties and other payments received for designated activities
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