(3) NO
INDEMNIFICATION
WITHOUT
CROSS- 
WAIVER.—Notwithstanding subsection (b), the Ad-
ministrator may not indemnify a developer of an ex-
perimental aerospace vehicle under this section un-
less there is an agreement between the Administra-
tion and the developer described in subsection (d). 
(4) APPLICATION OF CERTAIN PROCEDURES.— 
If the Administrator requests additional appropria-
tions to make payments under this section, like the 
payments that may be made under section 338(c) of 
this title, then the request for those appropriations 
shall be made in accordance with the procedures es-
tablished by subsections (d) and (e) of section 70113 
of title 49. 
(d) CROSS-WAIVERS.— 
(1) ADMINISTRATOR AUTHORIZED TO WAIVE.— 
The Administrator, on behalf of the United States, 
and its departments, agencies, and instrumentalities, 
may reciprocally waive claims with a developer or co-
operating party and with the related entities of that 
developer or cooperating party under which each 
party to the waiver agrees to be responsible, and 
agrees to ensure that its own related entities are re-
sponsible, 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 employees 
or agents, as a result of activities connected to the 
agreement or use of the experimental aerospace vehi-
cle. 
(2) LIMITATIONS.— 
(A) CLAIMS.—A reciprocal waiver under 
paragraph (1) may not preclude a claim by any 
natural person (including a natural person who 
is an employee of the United States, the devel-
oper, the cooperating party, or their respective 
subcontractors) or that natural person’s estate, 
survivors, or subrogees for injury or death, ex-
cept 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 re-
ciprocal waiver under paragraph (1) may not 
absolve any party of liability to any natural per-
son (including a natural person who is an em-
ployee of the United States, the developer, the 
cooperating party, or their respective sub-
contractors) or such a natural person’s estate, 
survivors, or subrogees for negligence, 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. 
(C) INDEMNIFICATION FOR DAMAGES.—A 
reciprocal waiver under paragraph (1) may not 
be used as the basis of a claim by the Adminis-
tration, or the developer or cooperating party, 
for indemnification against the other for dam-
ages paid to a natural person, or that natural 
person’s estate, survivors, or subrogees, for in-
jury or death sustained by that natural person 
as a result of activities connected to the agree-
ment or use of the experimental aerospace vehi-
cle. 
(D) WILLFUL MISCONDUCT.—A reciprocal 
waiver under paragraph (1) may not relieve the 
United States, the developer, the cooperating 
party, or the related entities of the developer or 
cooperating party, of liability for damage or loss 
resulting from willful misconduct. 
(3) EFFECT ON PREVIOUS WAIVERS.—This sub-
section 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 338.—This section does not apply 
to any object, transaction, or operation to which sec-
tion 338 of this title applies. 
(2) CHAPTER 701 OF TITLE 49.—The Adminis-
trator may not provide indemnification to a devel-
oper under this section for launches subject to li-
cense under section 70117(g)(1) of title 49. 
(f) TERMINATION.— 
(1) IN GENERAL.—The provisions of this sec-
tion shall terminate on December 31, 2002, except 
that the Administrator may extend the termination 
date to a date not later than September 30, 2005, 
if the Administrator determines that such extension 
is in the interests of the United States. 
(2) EFFECT
OF
TERMINATION
ON
AGREE-
MENT.—The termination of this section shall not 
terminate or otherwise affect any cross-waiver agree-
ment, insurance agreement, indemnification agree-
ment, or other agreement entered into under this 
section, except as may be provided in that agree-
ment. 
§ 340. 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 nothing 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, construc-
tion, or expansion) which exceeds $250,000. 
(2) AVAILABILITY.—Sums appropriated pursu-
ant to this subsection for the construction of facili-
ties, or for research and development activities, shall 
remain available until expended. 
(b) USE OF FUNDS FOR EMERGENCY REPAIRS OF 
EXISTING FACILITIES.—Any funds appropriated for the 
construction of facilities may be used for emergency re-
pairs of existing facilities when such existing facilities are 
made inoperative by major breakdown, accident, or other 
circumstances and such repairs are deemed by the Admin-
istrator to be of greater urgency than the construction of 
new facilities. 
(c) TERMINATION.—Notwithstanding any other pro-
vision of law, the authorization of any appropriation to 
the Administration shall expire (unless an earlier expira-
tion 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. 
§ 341. Misuse of agency name and initials 
(a) IN GENERAL.—No person (as defined by section 
335(a) of this title) may knowingly use the words ‘‘Na-
tional Aeronautics and Space Administration’’ or the let-
ters ‘‘NASA’’, or any combination, variation, or colorable 
imitation of those words or letters either alone or in com-
bination 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, en-
dorsement of, or authorization from, the Administra-
tion 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 impres-
sion that the product or service has the authoriza-
tion, support, sponsorship, or endorsement of, or the 
development, use, or manufacture by or on behalf of 
the Administration which does not, in fact, exist. 
(b) CIVIL PROCEEDING TO ENJOIN.—Whenever it 
appears to the Attorney General that any person is en-
gaged in an act or practice which constitutes or will con-
stitute 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. 
§ 342. Contracts regarding expendable launch vehi-
cles 
(a) COMMITMENTS BEYOND AVAILABLE APPROPRIA-
TIONS.—The Administrator 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 appropria-
tions in the event the Federal Government for its conven-
ience terminates such contracts, and provide for advance 
payments reasonably related to launch vehicle and related 
equipment, fabrication, and acquisition costs, if any such 
contract limits the amount of the payments that the Gov-
ernment 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 Administrator determines that such limi-
tation 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 convenience 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 procurement of launch services, 
or from funds appropriated for such payments. 
§ 343. Full cost appropriations account structure 
(a) DESIGNATION OF ACCOUNTS FOR APPROPRIA-
TIONS.—Appropriations for the Administration shall be 
made in 3 accounts, ‘‘Exploration capabilities’’, ‘‘Science, 
aeronautics and exploration’’, and an account for amounts 
appropriated for the necessary expenses of the Office of 
Inspector General. Appropriations shall remain available 
for 2 fiscal years. Each account shall include the planned 
full costs of the Administration’s related activities. 
(b) TRANSFERS AMONG ACCOUNTS.—To ensure the 
safe, timely, and successful accomplishment of Adminis-
tration missions, the Administration may transfer among 
accounts as necessary, amounts for— 
(1) Federal salaries and benefits; 
(2) training, travel, and awards; 
(3) facility and related costs; 
(4) information technology services; 
(5) publishing services; 
(6) science, engineering, fabricating, and testing 
services; and 
(7) other administrative services.
(c) TRANSFER OF UNEXPIRED BALANCES.—The un-
expired balances of prior appropriations to the Adminis-
tration 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. 
§ 344. Enhanced-use lease of real property dem-
onstration 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator may enter into a lease 
under this section with any person or entity (including an-
other department or agency of the Federal Government 
or an entity of a State or local government) with regard 
to any real property under the jurisdiction of the Adminis-
trator at no more than 2 Administration centers. 
(b) CONSIDERATION.— 
(1) AMOUNT.—A person or entity entering into 
a lease under this section shall provide consideration 
for the lease at fair market value as determined by 
the Administrator, except that in the case of a lease 
to another department or agency of the Federal 
Government, that department or agency shall pro-
vide consideration for the lease equal to the full
costs to the Administration in connection with the 
lease. 
(2) FORM.—Consideration under this sub-
section may take one or a combination of the fol-
lowing forms: 
(A) The payment of cash. 
(B) The maintenance, construction, modi-
fication, or improvement of facilities on real 
property under the jurisdiction of the Adminis-
trator. 
(C) The provision of services to the Admin-
istration, including launch services and payload 
processing services. 
(D) The use by the Administration of fa-
cilities on the property. 
(3) CASH CONSIDERATION.— 
(A) 
UTILIZATION.—The 
Administrator 
may utilize amounts of cash consideration re-
ceived under this subsection for a lease entered 
into under this section to cover the full costs to 
the Administration in connection with the lease. 
These funds shall remain available until ex-
pended. 
(B) 
AMOUNTS
NOT
UTILIZED.—Any 
amounts of cash consideration received under
this subsection that are not utilized in accord-
ance with subparagraph (A) shall be deposited 
in a capital asset account to be established by 
the Administrator, shall be available for mainte-
nance, capital revitalization, and improvements 
of the real property assets of the centers se-
lected for this demonstration program, and 
shall remain available until expended. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Ad-
ministrator may require such terms and conditions in con-
nection with a lease under this section as the Adminis-
trator considers appropriate to protect the interests of the 
United States. 
(d) RELATIONSHIP TO OTHER LEASE AUTHORITY.— 
The authority under this section to lease property of the 
Administration is in addition to any other authority to 
lease property of the Administration under law. 
(e) LEASE RESTRICTIONS.—The Administration is 
not authorized to lease back property under this section 
during the term of the out-lease or enter into other con-
tracts with the lessee respecting the property. 
(f) PLAN
AND REPORTING REQUIREMENTS.—At 
least 15 days prior to the Administrator entering into the 
first lease under this section, the Administrator shall sub-
mit a plan to Congress on the Administration’s proposed
implementation of this demonstration. The Administrator 
shall submit an annual report by January 31 of each year 
regarding the status of the demonstration. 
SUBCHAPTER IV—UPPER ATMOSPHERE 
RESEARCH 
§ 361. Congressional declaration of purpose and pol-
icy 
(a) PURPOSE.—The purpose of this subchapter is to 
authorize and direct the Administration to develop and 
carry out a comprehensive program of research, tech-
nology, and monitoring of the phenomena of the upper at-
mosphere so as to provide for an understanding of and 
to maintain the chemical and physical integrity of the 
Earth’s upper atmosphere. 
(b) POLICY.—Congress declares that it is the policy 
of the United States to undertake an immediate and ap-
propriate research, technology, and monitoring program 
that will provide for understanding the physics and chem-
istry of the Earth’s upper atmosphere. 
§ 362. Definition of upper atmosphere 
In this subchapter, the term ‘‘upper atmosphere’’ 
means that portion of the Earth’s sensible atmosphere 
above the troposphere.