transmits to the appropriate committees of Congress a full and complete re-
port concerning the amount and terms of, and the basis for, the proposed 
award, and a period of 30 calendar days of regular session of Congress ex-
pires after receipt of the report by the committees. 
§ 20137. Malpractice and negligence suits against United 
States 
(a) EXCLUSIVE REMEDY.—The remedy against the United States pro-
vided by sections 1346(b) and 2672 of title 28, for damages for personal 
injury, including death, caused by the negligent or wrongful act or omission 
of any physician, dentist, nurse, pharmacist, or paramedical or other sup-
porting personnel (including medical and dental technicians, nursing assist-
ants, and therapists) of the Administration in the performance of medical, 
dental, or related health care functions (including clinical studies and inves-
tigations) while acting within the scope of such person’s duties or employ-
ment therein or therefor shall be exclusive of any other civil action or pro-
ceeding by reason of the same subject matter against such person (or the 
estate of such person) whose act or omission gave rise to the action or pro-
ceeding. 
(b) ATTORNEY GENERAL TO DEFEND
ANY CIVIL ACTION
OR PRO-
CEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General shall 
defend any civil action or proceeding brought in any court against any per-
son referred to in subsection (a) (or the estate of such person) for any such 
injury. Any such person against whom such civil action or proceeding is 
brought shall deliver within such time after date of service or knowledge of 
service as determined by the Attorney General, all process served upon such 
person or an attested true copy thereof to such person’s immediate superior 
or to whomever was designated by the Administrator to receive such papers. 
Such person shall promptly furnish copies of the pleading and process there-
in to the United States Attorney for the district embracing the place where-
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-
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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 
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 
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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 
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; 
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(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-
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-
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