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in the proceeding is brought, to the Attorney General, and to the Adminis-
trator. 
(c) REMOVAL OF ACTIONS.—Upon a certification by the Attorney General 
that any person described in subsection (a) 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 Gen-
eral to the district court of the United States of the district and division 
embracing the place wherein it is pending and the proceeding deemed a tort 
action brought against the United States under the provisions of title 28, 
and all references thereto. Should a district court of the United States de-
termine, on a hearing on a motion to remand held before a trial on the mer-
its, that the case so removed is one in which a remedy by suit within the 
meaning of subsection (a) is not available against the United States, the 
case shall be remanded to the State court. 
(d) COMPROMISE OR SETTLEMENT OF CLAIMS.—The Attorney General 
may compromise or settle any claim asserted in such civil action or pro-
ceeding in the manner provided in section 2677 of title 28, and with the 
same effect. 
(e) APPLICABILITY OF OTHER PROVISIONS OF LAW.—For purposes of 
this section, the provisions of section 2680(h) of title 28 shall not apply to 
any cause of action arising out of a negligent or wrongful act or omission 
in the performance of medical, dental, or related health care functions (in-
cluding clinical studies and investigations). 
(f) LIABILITY INSURANCE FOR PERSONS ASSIGNED TO FOREIGN COUN-
TRIES OR NON-FEDERAL AGENCIES.—The Administrator or the Adminis-
trator’s designee may, to the extent that the Administrator or the designee 
deems appropriate, hold harmless or provide liability insurance for any per-
son described in subsection (a) for damages for personal injury, including 
death, caused by such person’s negligent or wrongful act or omission in the 
performance of medical, dental, or related health care functions (including 
clinical studies and investigations) while acting within the scope of such per-
son’s duties if such person is assigned to a foreign country or detailed for 
service with other than a Federal department, agency, or instrumentality or 
if the circumstances are such as are likely to preclude the remedies of third 
persons against the United States described in section 2679(b) of title 28, 
for such damage or injury. 
§ 20138. Insurance and indemnification 
(a) DEFINITIONS.—In this section: 
(1) SPACE VEHICLE.—The term ‘‘space vehicle’’ means an object in-
tended for launch, launched, or assembled in outer space, including the 
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space shuttle and other components of a space transportation system, 
together with related equipment, devices, components, and parts. 
(2) THIRD PARTY.—The term ‘‘third party’’ means any person who 
may institute a claim against a user for death, bodily injury, or loss 
of or damage to property. 
(3) USER.—The term ‘‘user’’ includes anyone who enters into an 
agreement with the Administration for use of all or a portion of a space 
vehicle, who owns or provides property to be flown on a space vehicle, 
or who employs a person to be flown on a space vehicle. 
(b) AUTHORIZATION.—The Administration is authorized on such terms 
and to the extent it may deem appropriate to provide liability insurance for 
any user of a space vehicle to compensate all or a portion of claims by third 
parties for death, bodily injury, or loss of or damage to property resulting 
from activities carried on in connection with the launch, operations, or re-
covery of the space vehicle. Appropriations available to the Administration 
may be used to acquire such insurance, but such appropriations shall be re-
imbursed to the maximum extent practicable by the users under reimburse-
ment policies established pursuant to section 20113 of this title. 
(c) INDEMNIFICATION.—Under such regulations in conformity with this 
section as the Administrator shall prescribe taking into account the avail-
ability, cost, and terms of liability insurance, any agreement between the 
Administration and a user of a space vehicle may provide that the United 
States will indemnify the user against claims (including reasonable expenses 
of litigation or settlement) by third parties for death, bodily injury, or loss 
of or damage to property resulting from activities carried on in connection 
with the launch, operations, or recovery of the space vehicle, but only to the 
extent that such claims are not compensated by liability insurance of the 
user. Such indemnification may be limited to claims resulting from other 
than the actual negligence or willful misconduct of the user. 
(d) TERMS
OF INDEMNIFICATION AGREEMENT.—An agreement made 
under subsection (c) that provides indemnification must also provide for— 
(1) notice to the United States of any claim or suit against the user 
for the death, bodily injury, or loss of or damage to the property; and 
(2) control of or assistance in the defense by the United States, at 
its election, of that suit or claim. 
(e) CERTIFICATION OF JUST AND REASONABLE AMOUNT.—No payment 
may be made under subsection (c) unless the Administrator or the Adminis-
trator’s designee certifies that the amount is just and reasonable. 
(f) PAYMENTS.—Upon the approval by the Administrator, payments 
under subsection (c) may be made, at the Administrator’s election, either 
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from funds available for research and development not otherwise obligated 
or from funds appropriated for such payments. 
§ 20139. Insurance for experimental aerospace vehicles 
(a) DEFINITIONS.—In this section: 
(1) COOPERATING PARTY.—The term ‘‘cooperating party’’ means 
any person who enters into an agreement with the Administration for 
the performance of cooperative scientific, aeronautical, or space activi-
ties to carry out the purposes of this chapter. 
(2) DEVELOPER.—The term ‘‘developer’’ means a United States per-
son (other than a natural person) who— 
(A) is a party to an agreement with the Administration for the 
purpose of developing new technology for an experimental aero-
space vehicle; 
(B) owns or provides property to be flown or situated on that 
vehicle; or 
(C) employs a natural person to be flown on that vehicle. 
(3) EXPERIMENTAL AEROSPACE VEHICLE.—The term ‘‘experimental 
aerospace vehicle’’ means an object intended to be flown in, or launched 
into, orbital or suborbital flight for the purpose of demonstrating tech-
nologies necessary for a reusable launch vehicle, developed under an 
agreement between the Administration and a developer. 
(4) RELATED ENTITY.—The term ‘‘related entity’’ includes a con-
tractor or subcontractor at any tier, a supplier, a grantee, and an in-
vestigator or detailee. 
(b) IN GENERAL.—The Administrator may provide liability insurance for, 
or indemnification to, the developer of an experimental aerospace vehicle de-
veloped or used in execution of an agreement between the Administration 
and the developer. 
(c) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—Except as otherwise provided in this section, the 
insurance and indemnification provided by the Administration under 
subsection (b) to a developer shall be provided on the same terms and 
conditions as insurance and indemnification is provided by the Admin-
istration under section 20138 of this title to the user of a space vehicle. 
(2) INSURANCE.— 
(A) IN GENERAL.—A developer shall obtain liability insurance 
or demonstrate financial responsibility in amounts to compensate 
for the maximum probable loss from claims by— 
(i) a third party for death, bodily injury, or property dam-
age, or loss resulting from an activity carried out in connec-
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tion with the development or use of an experimental aero-
space vehicle; and 
(ii) the United States Government for damage or loss to 
Government property resulting from such an activity. 
(B) MAXIMUM REQUIRED.—The Administrator shall determine 
the amount of insurance required, but, except as provided in sub-
paragraph (C), that amount shall not be greater than the amount 
required under section 50914(a)(3) of this title for a launch. The 
Administrator shall publish notice of the Administrator’s deter-
mination and the applicable amount or amounts in the Federal 
Register within 10 days after making the determination. 
(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator may 
increase the dollar amounts set forth in section 50914(a)(3)(A) of 
this title for the purpose of applying that section under this sec-
tion to a developer after consultation with the Comptroller General 
and such experts and consultants as may be appropriate, and after 
publishing notice of the increase in the Federal Register not less 
than 180 days before the increase goes into effect. The Adminis-
trator shall make available for public inspection, not later than the 
date of publication of such notice, a complete record of any cor-
respondence received by the Administration, and a transcript of 
any meetings in which the Administration participated, regarding 
the proposed increase. 
(D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR PRO-
VIDES INSURANCE.—The Administrator may not provide liability 
insurance or indemnification under subsection (b) unless the devel-
oper establishes to the satisfaction of the Administrator that ap-
propriate safety procedures and practices are being followed in the 
development of the experimental aerospace vehicle. 
(3) NO
INDEMNIFICATION
WITHOUT
CROSS-WAIVER.—Notwith-
standing subsection (b), the Administrator may not indemnify a devel-
oper of an experimental aerospace vehicle under this section unless 
there is an agreement between the Administration and the developer 
described in subsection (d). 
(4) APPLICATION OF CERTAIN PROCEDURES.—If the Administrator 
requests additional appropriations to make payments under this sec-
tion, like the payments that may be made under section 20138(c) of 
this title, then the request for those appropriations shall be made in 
accordance with the procedures established by subsections (d) and (e) 
of section 50915 of this title. 
(d) CROSS-WAIVERS.— 
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(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Administrator, 
on behalf of the United States, and its departments, agencies, and in-
strumentalities, may reciprocally waive claims with a developer or co-
operating party and with the related entities of that developer or co-
operating party under which each party to the waiver agrees to be re-
sponsible, and agrees to ensure that its own related entities are respon-
sible, for damage or loss to its property for which it is responsible, or 
for losses resulting from any injury or death sustained by its own em-
ployees or agents, as a result of activities connected to the agreement 
or use of the experimental aerospace vehicle. 
(2) LIMITATIONS.— 
(A) CLAIMS.—A reciprocal waiver under paragraph (1) may not 
preclude a claim by any natural person (including, but not limited 
to, a natural person who is an employee of the United States, the 
developer, the cooperating party, or their respective subcontrac-
tors) or that natural person’s estate, survivors, or subrogees for 
injury or death, except with respect to a subrogee that is a party 
to the waiver or has otherwise agreed to be bound by the terms 
of the waiver. 
(B) LIABILITY FOR NEGLIGENCE.—A reciprocal waiver under 
paragraph (1) may not absolve any party of liability to any nat-
ural person (including, but not limited to, a natural person who 
is an employee of the United States, the developer, the cooperating 
party, or their respective subcontractors) or such a natural per-
son’s estate, survivors, or subrogees for negligence, except with re-
spect to a subrogee that is a party to the waiver or has otherwise 
agreed to be bound by the terms of the waiver. 
(C) INDEMNIFICATION
FOR
DAMAGES.—A reciprocal waiver 
under paragraph (1) may not be used as the basis of a claim by 
the Administration, or the developer or cooperating party, for in-
demnification against the other for damages paid to a natural per-
son, or that natural person’s estate, survivors, or subrogees, for 
injury or death sustained by that natural person as a result of ac-
tivities connected to the agreement or use of the experimental 
aerospace vehicle. 
(D) WILLFUL MISCONDUCT.—A reciprocal waiver under para-
graph (1) may not relieve the United States, the developer, the co-
operating party, or the related entities of the developer or cooper-
ating party, of liability for damage or loss resulting from willful 
misconduct. 
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(3) EFFECT ON PREVIOUS WAIVERS.—This subsection applies to any 
waiver of claims entered into by the Administration without regard to 
the date on which the Administration entered into the waiver. 
(e) RELATIONSHIP TO OTHER LAWS.— 
(1) SECTION
20138.—This section does not apply to any object, 
transaction, or operation to which section 20138 of this title applies. 
(2) SECTION 50919(g)(1).—The Administrator may not provide indem-
nification to a developer under this section for launches subject to li-
cense under section 50919(g)(1) of this title. 
(f) TERMINATION.— 
(1) IN GENERAL.—The provisions of this section shall terminate on 
December 31, 2010. 
(2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of 
this section shall not terminate or otherwise affect any cross-waiver 
agreement, insurance agreement, indemnification agreement, or other 
agreement entered into under this section, except as may be provided 
in that agreement. 
§ 20140. Appropriations 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—There are authorized to be appropriated such 
sums as may be necessary to carry out this chapter, except that noth-
ing in this chapter shall authorize the appropriation of any amount 
for— 
(A) the acquisition or condemnation of any real property; or 
(B) any other item of a capital nature (such as plant or facility 
acquisition, construction, or expansion) which exceeds $250,000. 
(2) AVAILABILITY.—Sums appropriated pursuant to this subsection 
for the construction of facilities, or for research and development activi-
ties, shall remain available until expended. 
(b) USE OF FUNDS FOR EMERGENCY REPAIRS OF EXISTING FACILI-
TIES.—Any funds appropriated for the construction of facilities may be used 
for emergency repairs of existing facilities when such existing facilities are 
made inoperative by major breakdown, accident, or other circumstances and 
such repairs are deemed by the Administrator to be of greater urgency than 
the construction of new facilities. 
(c) TERMINATION.—Notwithstanding any other provision of law, the au-
thorization of any appropriation to the Administration shall expire (unless 
an earlier expiration is specifically provided) at the close of the third fiscal 
year following the fiscal year in which the authorization was enacted, to the 
extent that such appropriation has not theretofore actually been made. 
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§ 20141. Misuse of agency name and initials 
(a) IN GENERAL.—No person (as defined by section 20135(a) of this 
title) may knowingly use the words ‘‘National Aeronautics and Space Ad-
ministration’’ or the letters ‘‘NASA’’, or any combination, variation, or 
colorable imitation of those words or letters either alone or in combination 
with other words or letters— 
(1) as a firm or business name in a manner reasonably calculated 
to convey the impression that the firm or business has some connection 
with, endorsement of, or authorization from, the Administration which 
does not, in fact, exist; or 
(2) in connection with any product or service being offered or made 
available to the public in a manner reasonably calculated to convey the 
impression that the product or service has the authorization, support, 
sponsorship, or endorsement of, or the development, use, or manufac-
ture by or on behalf of the Administration which does not, in fact, 
exist. 
(b) CIVIL PROCEEDING TO ENJOIN.—Whenever it appears to the Attor-
ney General that any person is engaged in an act or practice which con-
stitutes or will constitute conduct prohibited by subsection (a), the Attorney 
General may initiate a civil proceeding in a district court of the United 
States to enjoin such act or practice. 
§ 20142. Contracts regarding expendable launch vehicles 
(a) COMMITMENTS BEYOND AVAILABLE APPROPRIATIONS.—The Admin-
istrator may enter into contracts for expendable launch vehicle services that 
are for periods in excess of the period for which funds are otherwise avail-
able for obligation, provide for the payment for contingent liability which 
may accrue in excess of available appropriations in the event the Federal 
Government for its convenience terminates such contracts, and provide for 
advance payments reasonably related to launch vehicle and related equip-
ment, fabrication, and acquisition costs, if any such contract limits the 
amount of the payments that the Government is allowed to make under 
such contract to amounts provided in advance in appropriation Acts. Such 
contracts may be limited to sources within the United States when the Ad-
ministrator determines that such limitation is in the public interest. 
(b) TERMINATION IF FUNDS NOT AVAILABLE.—If funds are not available 
to continue any such contract, the contract shall be terminated for the con-
venience of the Government, and the costs of such contract shall be paid 
from appropriations originally available for performance of the contract, 
from other unobligated appropriations currently available for the procure-
ment of launch services, or from funds appropriated for such payments. 
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§ 20143. Full cost appropriations account structure 
(a) ACCOUNTS FOR APPROPRIATIONS.— 
(1) DESIGNATION OF 3 ACCOUNTS.—Appropriations for the Adminis-
tration shall be made in 3 accounts, ‘‘Science, Aeronautics, and Edu-
cation’’, ‘‘Exploration Systems and Space Operations’’, and an account 
for amounts appropriated for the necessary expenses of the Office of 
the Inspector General. 
(2) REPROGRAMMING.—Within the Exploration Systems and Space 
Operations account, no more than 10 percent of the funds for a fiscal 
year for Exploration Systems may be reprogrammed for Space Oper-
ations, and no more than 10 percent of the funds for a fiscal year for 
Space Operations may be reprogrammed for Exploration Systems. This 
paragraph shall not apply to reprogramming for the purposes described 
in subsection (b)(2). 
(3) AVAILABILITY.—Appropriations shall remain available for 2 fis-
cal years, unless otherwise specified in law. Each account shall include 
the planned full costs of Administration activities. 
(b) TRANSFERS AMONG ACCOUNTS.— 
(1) IN GENERAL.—To ensure the safe, timely, and successful accom-
plishment of Administration missions, the Administration may transfer 
among accounts as necessary, amounts for— 
(A) Federal salaries and benefits; 
(B) training, travel, and awards; 
(C) facility and related costs; 
(D) information technology services; 
(E) publishing services; 
(F) science, engineering, fabricating, and testing services; and 
(G) other administrative services. 
(2) DISASTER, ACT OF TERRORISM, EMERGENCY RESCUE.—The Ad-
ministration may also transfer amounts among accounts for the imme-
diate costs of recovering from damage caused by a major disaster (as 
defined in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122)) or by an act of terrorism, 
or for the immediate costs associated with an emergency rescue of as-
tronauts. 
(c) TRANSFER OF UNEXPIRED BALANCES.—The unexpired balances of 
prior appropriations to the Administration for activities authorized under 
this chapter may be transferred to the new account established for such ac-
tivity in subsection (a). Balances so transferred may be merged with funds 
in the newly established account and thereafter may be accounted for as one 
fund under the same terms and conditions. 
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§ 20144. Prize authority 
(a) IN GENERAL.—The Administration may carry out a program to com-
petitively award cash prizes to stimulate innovation in basic and applied re-
search, technology development, and prototype demonstration that have the 
potential for application to the performance of the space and aeronautical 
activities of the Administration. The Administration may carry out a pro-
gram to award prizes only in conformity with this section. 
(b) TOPICS.—In selecting topics for prize competitions, the Administrator 
shall consult widely both within and outside the Federal Government, and 
may empanel advisory committees. The Administrator shall give consider-
ation to prize goals such as the demonstration of the ability to provide en-
ergy to the lunar surface from space-based solar power systems, demonstra-
tion of innovative near-Earth object survey and deflection strategies, and in-
novative approaches to improving the safety and efficiency of aviation sys-
tems. 
(c) ADVERTISING.—The Administrator shall widely advertise prize com-
petitions to encourage participation. 
(d) REQUIREMENTS AND REGISTRATION.—For each prize competition, 
the Administrator shall publish a notice in the Federal Register announcing 
the subject of the competition, the rules for being eligible to participate in 
the competition, the amount of the prize, and the basis on which a winner 
will be selected. 
(e) ELIGIBILITY.—To be eligible to win a prize under this section, an in-
dividual or entity— 
(1) shall have registered to participate in the competition pursuant 
to any rules promulgated by the Administrator under subsection (d); 
(2) shall have complied with all the requirements under this section; 
(3) in the case of a private entity, shall be incorporated in and main-
tain a primary place of business in the United States, and in the case 
of an individual, whether participating singly or in a group, shall be 
a citizen or permanent resident of the United States; and 
(4) shall not be a Federal entity or Federal employee acting within 
the scope of their employment. 
(f) LIABILITY.— 
(1) ASSUMPTION OF RISK.—Registered participants must agree to 
assume any and all risks and waive claims against the Federal Govern-
ment and its related entities, except in the case of willful misconduct, 
for any injury, death, damage, or loss of property, revenue, or profits, 
whether direct, indirect, or consequential, arising from their participa-
tion in a competition, whether such injury, death, damage, or loss 
arises through negligence or otherwise. For the purposes of this para-
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