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.— 
(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 
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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. 
(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 
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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. 
§ 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. 
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(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. 
§ 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. 
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