§ 2458b. Insurance and indemnification
(a)
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 recovery of the space vehicle. Appropriations available to the Administration may be used to acquire such insurance, but such appropriations shall be reimbursed to the maximum extent practicable by the users under reimbursement policies established pursuant to section
2473
(c) of this title.
(b)
Indemnification
Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, 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: Provided, That such indemnification may be limited to claims resulting from other than the actual negligence or willful misconduct of the user.
(c)
Terms of indemnification agreement; notice; United States control of or assistance in defense
An agreement made under subsection (b) of this section that provides indemnification must also provide for—
(d)
Certification of just and reasonable amount
No payment may be made under subsection (b) of this section unless the Administrator or his designee certifies that the amount is just and reasonable.
(e)
Payments
Upon the approval by the Administrator, payments under subsection (b) of this section may be made, at the Administrator’s election, either from funds available for research and development not otherwise obligated or from funds appropriated for such payments.
(f)
Definitions
As used in this section—
(1)
the term “space vehicle” means an object intended for launch, launched or assembled in outer space, including the Space Shuttle and other components of a space transportation system, together with related equipment, devices, components and parts;