51 U.S.C. § 20137 — Malpractice and negligence suits against

Page 35 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20137 thereof at any time by or on behalf of the United States, or by or on behalf of any foreign govern- ment pursuant to a treaty or agreement with the United States, within the United States or at any other place. (d) REPORT AND WAITING PERIOD.—No award may be made under subsection (a) in an amount exceeding $100,000 unless the Administrator transmits to the appropriate committees of Con- gress a full and complete report concerning the amount and terms of, and the basis for, the pro- posed award, and a period of 30 calendar days of regular session of Congress expires after receipt of the report by the committees. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3342.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20136(a) ...... 42 U.S.C. 2458(a). Pub. L. 85–568, title III, § 306, July 29, 1958, 72 Stat. 437. 20136(b) ...... 42 U.S.C. 2458(b) (1st sentence). 20136(c) ...... 42 U.S.C. 2458(b) (par. (1) of last sentence). 20136(d) ...... 42 U.S.C. 2458(b) (par. (2) of last sentence). In subsections (c) and (d), the words ‘‘No award may be made under subsection (a)’’ are substituted for ‘‘No award may be made under subsection (a) with respect to any contribution’’ for clarity and to eliminate un- necessary words. § 20137. Malpractice and negligence suits against United States (a) EXCLUSIVE REMEDY.—The remedy against the United States provided by sections 1346(b) and 2672 of title 28, for damages for personal in- jury, including death, caused by the negligent or wrongful act or omission of any physician, den- tist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Administration in the per- formance of medical, dental, or related health care functions (including clinical studies and in- vestigations) while acting within the scope of such person’s duties or employment therein or therefor shall be exclusive of any other civil ac- tion or proceeding 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 proceeding. (b) ATTORNEY GENERAL TO DEFEND ANY CIVIL ACTION OR PROCEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General shall de- fend any civil action or proceeding brought in any court against any person referred to in sub- section (a) (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall de- liver within such time after date of service or knowledge of service as determined by the At- torney 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 cop- ies of the pleading and process therein to the United States Attorney for the district embrac- ing the place wherein 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 de- scribed 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 General to the district court of the United States of the district and division embracing the place where- in it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, and all ref- erences thereto. Should a district court of the United States determine, on a hearing on a mo- tion to remand held before a trial on the merits, that the case so removed is one in which a rem- edy 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 provi- sions 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 func- tions (including clinical studies and investiga- tions). (f) LIABILITY INSURANCE FOR PERSONS AS- SIGNED TO FOREIGN COUNTRIES OR NON-FEDERAL AGENCIES.—The Administrator or the Adminis- trator’s designee may, to the extent that the Administrator or the designee deems appro- priate, hold harmless or provide liability insur- ance for any person 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 person’s duties if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumen- tality 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3343.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20137 .......... 42 U.S.C. 2458a. Pub. L. 85–568, title III, § 307, as added Pub. L. 94–464, § 3, Oct. 8, 1976, 90 Stat. 1988. In subsection (a), the word ‘‘hereafter’’ is omitted as unnecessary. In subsection (b), in the last sentence, commas are added after ‘‘brought’’ and ‘‘Attorney General’’ for clarity. In subsection (e), the words ‘‘wrongful act or omis- sion’’ are substituted for ‘‘wrongful act of omission’’ to correct an error in the law. Page 36 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20138 § 20138. Insurance and indemnification (a) DEFINITIONS.—In this section: (1) SPACE VEHICLE.—The term ‘‘space vehi- cle’’ means an object intended for launch, launched, or assembled in outer space, includ- ing 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 Admin- istration 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 au- thorized 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 connec- tion 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 re- imbursed to the maximum extent practicable by the users under reimbursement policies estab- lished pursuant to section 20113 of this title. (c) INDEMNIFICATION.—Under such regulations in conformity with this section as the Adminis- trator shall prescribe taking into account the availability, cost, and terms of liability insur- ance, any agreement between the Administra- tion 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 re- covery of the space vehicle, but only to the ex- tent that such claims are not compensated by li- ability insurance of the user. Such indemnifica- tion may be limited to claims resulting from other than the actual negligence or willful mis- conduct 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 sub- section (c) unless the Administrator or the Ad- ministrator’s designee certifies that the amount is just and reasonable. (f) PAYMENTS.—Upon the approval by the Ad- ministrator, payments under subsection (c) may be made, at the Administrator’s election, either from funds available for research and develop- ment not otherwise obligated or from funds ap- propriated for such payments. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3344.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20138 .......... 42 U.S.C. 2458b. Pub. L. 85–568, title III, § 308, as added Pub. L. 96–48, § 6(b)(2), Aug. 8, 1979, 93 Stat. 348. § 20139. Insurance for experimental aerospace vehicles (a) DEFINITIONS.—In this section: (1) COOPERATING PARTY.—The term ‘‘cooper- ating party’’ means any person who enters into an agreement with the Administration for the performance of cooperative scientific, aeronautical, or space activities to carry out the purposes of this chapter. (2) DEVELOPER.—The term ‘‘developer’’ means a United States person (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; (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 pur- pose of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement between the Administration and a developer. (4) RELATED ENTITY.—The term ‘‘related en- tity’’ includes a contractor or subcontractor at any tier, a supplier, a grantee, and an inves- tigator or detailee. (b) IN GENERAL.—The Administrator may pro- vide liability insurance for, or indemnification to, the developer of an experimental aerospace vehicle developed or used in execution of an agreement between the Administration and the developer. (c) TERMS AND CONDITIONS.— (1) IN GENERAL.—Except as otherwise pro- vided in this section, the insurance and indem- nification 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 Administration 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 damage, or loss resulting from an activity carried out in connection with the development or use of an experimental aerospace vehicle; and