Home > 106th Congressional Bills > S. 2917 (rfh) To settle the land claims of the Pueblo of Santo Domingo. [Referred in House] ...S. 2917 (rfh) To settle the land claims of the Pueblo of Santo Domingo. [Referred in House] ...
108th CONGRESS
2d Session
S. 2917
To amend the National Aeronautics and Space Act of 1958 to establish a
centennial challenge program and establish a National Aeronautics and
Space Foundation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 2004
Mr. Brownback (for himself and Mr. McCain) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the National Aeronautics and Space Act of 1958 to establish a
centennial challenge program and establish a National Aeronautics and
Space Foundation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CENTENNIAL CHALLENGE PROGRAM.
Title III of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.), is amended by adding at the end the following:
``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE
DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL
TECHNOLOGIES.
``(a) Program Authorized.--The Administrator may carry out a
program, known as the Centennial Challenge Program, to award prizes to
stimulate innovation in basic and applied research, technology
development, and prototype demonstration that have the potential for
application to the performance of the space and aeronautical activities
of the Administration.
``(b) Program Requirements.--
``(1) Competitive process.--Recipients of prizes under the
program under this section shall be selected through one or
more competitions conducted by the Administrator.
``(2) Advertisement of competitions.--The Administrator
shall widely advertise any competitions conducted under the
program.
``(c) Registration; Assumption of Risk.--
``(1) Registration.--Each potential recipient of a prize in
a competition under the program under this section shall
register for the competition.
``(2) Assumption of risk.--In registering for a competition
under paragraph (1), a potential recipient of a prize shall
assume any and all risks, and waive claims against the United
States Government and its related entities (including
contractors and subcontractors at any tier, suppliers, users,
customers, cooperating parties, grantees, investigators, and
detailees), for any injury, death, damage, or loss of property,
revenue, or profits, whether direct, indirect, or
consequential, arising from participation in the competition,
whether such injury, death, damage, or loss arises through
negligence or otherwise, except in the case of willful
misconduct.
``(d) Budgeting and Awarding of Funds.--
``(1) Availability of funds.--Any funds appropriated to
carry out this section shall remain available until expended,
but for not more than 4 fiscal years.
``(2) Deposit and withdrawal of funds.--When a prize is
offered, the total amount of funding made available for that
prize shall be deposited in the Centennial Challenge Trust
Fund. If funding expires before a prize is awarded, the
Administrator shall deposit additional funds in the account to
ensure the availability of funding for all prizes. If a prize
competition expires before its goals are met, the Administrator
may redesignate those funds for a new challenge, but any
redesignated funds will be considered as newly deposited for
the purposes of paragraph (3). All cash awards made under this
section shall be paid from that account.
``(3) Overall limit.--The Administrator may not deposit
more than $25,000,000 annually in the Centennial Challenge
Trust Fund.
``(4) Maximum prize.--No competition under the program may
result in the award of more than $1,000,000 in cash prizes
without the approval of the Administrator.
``(e) Relationship to Other Authority.--The Administrator may
exercise the authority in this section in conjunction with or in
addition to any other authority of the Administrator to acquire,
support, or stimulate basic and applied research, technology
development, or prototype demonstration projects.''.
SEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION.
Title III of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.), as amended by section 1, is amended by adding at
the end the following:
``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION.
``(a) In General.--There is established a charitable and nonprofit
corporation to be known as the National Aeronautics and Space
Foundation.
``(b) Purposes.--The purposes of the foundation are--
``(1) to encourage private gifts of real and personal
property or any income therefrom or other interest therein for
the benefit of, or in connection with, NASA, its activities, or
its services; and
``(2) to further the public's knowledge of and inspiration
by the Earth, the Earth's atmosphere, space, and celestial
bodies in space, for current and future generations of
Americans.
``(c) Board of Directors.--
``(1) In general.--The Foundation shall be governed by a
board of directors of 6 individuals appointed by the
Administrator, in consultation with the chairman and ranking
member of the Senate Committee on Commerce, Science, and
Transportation and of the House of Representatives Committee on
Science. The Administrator shall designate 1 member to serve as
chair.
``(2) Term of office.--Each member shall serve for a term
of 6 years, except that of the members first appointed to the
board--
``(A) 1 member shall be appointed for a term of 1
year;
``(B) 1 member shall be appointed for a term of 2
years;
``(C) 1 member shall be appointed for a term of 3
years;
``(D) 1 member shall be appointed for a term of 4
years;
``(E) 1 member shall be appointed for a term of 5
years; and
``(F) 1 member shall be appointed for a term of 6
years.
``(3) Vacancies.--An individual appointed to fill a vacancy
occurring other than by the expiration of a term shall be
appointed for the remainder of the term of the former member
the individual succeeds.
``(4) Status.--Membership on the Board shall not be deemed
to be an office within the meaning of the statutes of the
United States.
``(5) Administrator to serve ex officio.--The Administrator
shall be a member of the board ex officio but without the right
to vote.
``(6) By-laws.--Upon the appointment and qualification of
all members of the board, the board may by majority vote adopt
by-laws, adopt an official seal (which shall be judicially
recognized), and establish a schedule for meetings and a
mechanism for calling non-scheduled meetings. Except as
provided in the preceding sentence and unless modified by the
Board--
``(A) a majority of the members serving shall
consitute a quorum; and
``(B) the board shall meet at least once each year
and at the call of the chair.
``(7) Compensation and expenses.--No compensation shall be
paid to the members of the Board for their services as members,
but they shall be reimbursed for actual and necessary traveling
and subsistence expenses incurred by them in the performance of
their duties as such members out of Foundation funds available
to the Board for such purposes.
``(d) Powers and Duties.--
``(1) In general.--Except as otherwise provided in this
section, the Foundation shall have the powers of, and be
subject to the limitations of, a charitable and nonprofit
corporation provided under the laws of the State (or the
District of Columbia) in which it is incorporated.
``(2) Perpetual succession; member liability.--The
Foundation shall have perpetual succession, with all the usual
powers and obligations of a corporation acting as a trustee,
including the power to sue and to be sued in its own name, but
the members of the Board shall not be personally liable, except
for malfeasance.
``(3) Contracts; grants; other instruments.--The Foundation
shall have the power to enter into contracts or grants, to
execute instruments, and generally to do any and all lawful
acts necessary or appropriate to its purposes as approved by
the board.
``(4) Gifts; devises; bequests.--
``(A) In general.--Except as provided in
subparagraph (B), the Foundation may accept, receive,
solicit, hold, administer, and use any gifts, devises,
or bequests, either absolutely or in trust, of real or
personal property or any income therefrom or other
interest therein for the benefit of or in connection
with, NASA, its activities, or its services, including
a gift, devise, or bequest that is encumbered,
restricted, or subject to beneficial interests of
private persons if any current or future interest
therein is for the benefit of NASA, its activities, or
its services. For purposes of this paragraph, an
interest in real property includes easements or other
rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic,
historic, scientific, educational, inspirational, or
recreational resources.
``(B) Limitation.--The Foundation may not accept a
gift, devise, or bequest which entails any expenditure
other than from the resources of the Foundation.
``(e) Tax Status and Functions.--
``(1) Tax-exempt status of foundation.--The Foundation and
any income or property received or owned by it, and all
transactions relating to such income or property, shall be
exempt from all Federal, State, and local taxation with respect
thereto.
``(2) In-lieu-of payments.--The Foundation may, in the
discretion of the board--
``(A) contribute toward the costs of local
goverment in amounts not in excess of those which it
would be obligated to pay such government if it were
not exempt from taxation under paragraph (A) or by
virtue of its being a charitable and nonprofit
corporation; and
``(B) may contribute with respect to property
transferred to it and the income derived therefrom if
such agreement is a condition of the transfer.
``(3) Deductibility of contributions to foundation.--Gifts
and other transfers made to or for the use of the Foundation
shall be regarded as contributions, gifts, or transfers to or
for the use of the United States.
``(f) Cooperative Work With NASA.--
``(1) NASA support contracts.--The Administrator may
contract with the Foundation for the performance of its duties
and activities in support of the Administration.
``(2) NASA may not accept funds from foundation.--Neither
NASA nor any employee thereof may be authorized to accept funds
from the Foundation.
``(3) Foundation funding may not supplement appropriated
funds activities.--Except as otherwise specifically provided by
statute, the Foundation may not obligate or expend funds to
directly supplement any program or activity of NASA, or any
other Federal agency, for which appropriated funds may be
obligated or expended.
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Aeronautics and Space
Administration.
``(2) Board.--The term `board' means the board of directors
of the Foundation.
``(3) Foundation.--The term `Foundation' means the National
Aeronautics and Space Foundation established by subsection (a).
``(4) NASA.--The term `NASA' means the National Aeronautics
and Space Administration.''.
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