H. R. 3237—20 
(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 subcontractors) 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 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 
subcontractors) 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 Administration, or the developer or cooper-
ating party, for indemnification against the other for dam-
ages paid to a natural person, or that natural person’s 
estate, survivors, or subrogees, for injury or death sustained 
by that natural person as a result of activities connected 
to the agreement or use of the experimental aerospace 
vehicle. 
(D) WILLFUL MISCONDUCT.—A reciprocal waiver under 
paragraph (1) may not relieve the United States, the devel-
oper, 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 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 
indemnification to a developer under this section for launches 
subject to license under section 50919(g)(1) of this title. 
(f) TERMINATION.— 
(1) IN GENERAL.—The provisions of this section shall termi-
nate on December 31, 2010. 
(2) EFFECT
OF
TERMINATION
ON
AGREEMENT.—The termi-
nation of this section shall not terminate or otherwise affect 
any cross-waiver agreement, insurance agreement, indemnifica-
tion 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,
H. R. 3237—21 
except that nothing in this chapter shall authorize the appro-
priation 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 sub-
section for the construction of facilities, or for research and 
development activities, 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 authorization 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 Administration’’ or the letters ‘‘NASA’’, or any combina-
tion, 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 cal-
culated to convey the impression that the product or service 
has the authorization, 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 engaged in an act or practice 
which constitutes 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 
Administrator may enter into contracts for expendable launch 
vehicle services that are for periods in excess of the period for 
which funds are otherwise available 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
H. R. 3237—22 
make under such contract to amounts provided in advance in appro-
priation Acts. Such contracts may be limited to sources within 
the United States when the Administrator 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 termi-
nated 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 appropria-
tions currently available for the procurement of launch services, 
or from funds appropriated for such payments. 
§ 20143. Full cost appropriations account structure 
(a) ACCOUNTS FOR APPROPRIATIONS.— 
(1) DESIGNATION
OF
ACCOUNTS.—Appropriations for the 
Administration shall be made in 3 accounts, ‘‘Science, Aero-
nautics, and Education’’, ‘‘Exploration Systems and Space Oper-
ations’’, and an account for amounts appropriated for the nec-
essary 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 Operations, 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 fiscal 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 
accomplishment 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 
Administration may also transfer amounts among accounts for 
the immediate 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 astronauts. 
(c) TRANSFER OF UNEXPIRED BALANCES.—The unexpired balances 
of prior appropriations to the Administration for activities author-
ized under this chapter may be transferred to the new account 
established for such activity in subsection (a). Balances so trans-
ferred 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.
H. R. 3237—23 
§ 20144. Prize authority 
(a) IN GENERAL.—The Administration may carry out a program 
to competitively award cash prizes to stimulate innovation in basic 
and applied research, technology development, and prototype dem-
onstration that have the potential for application to the performance 
of the space and aeronautical activities of the Administration. The 
Administration may carry out a program 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 consideration to prize goals such as the 
demonstration of the ability to provide energy to the lunar surface 
from space-based solar power systems, demonstration of innovative 
near-Earth object survey and deflection strategies, and innovative 
approaches to improving the safety and efficiency of aviation sys-
tems. 
(c) ADVERTISING.—The Administrator shall widely advertise prize 
competitions to encourage participation. 
(d) REQUIREMENTS AND REGISTRATION.—For each prize competi-
tion, the Administrator shall publish a notice in the Federal Reg-
ister 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 individual 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 maintain 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 Government 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 participation in a competi-
tion, whether such injury, death, damage, or loss arises through 
negligence or otherwise. For the purposes of this paragraph, 
the term ‘‘related entity’’ means a contractor or subcontractor 
at any tier, and a supplier, user, customer, cooperating party, 
grantee, investigator, or detailee. 
(2) LIABILITY INSURANCE.—Participants must obtain liability 
insurance or demonstrate financial responsibility, in amounts 
determined by the Administrator, for claims by— 
(A) a third party for death, bodily injury, or property 
damage, or loss resulting from an activity carried out in 
connection with participation in a competition, with the 
Federal Government named as an additional insured under