Page:United States Statutes at Large Volume 93.djvu/381

 PUBLIC LAW 96-48—AUG. 8, 1979

93 STAT. 349

extent practicable by the users under reimbursement policies established pursuant to section 203(c) of this Act. Ante, p. 348. "(b) 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) An agreement made under subsection (b) 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. "(d) No payment may be made under subsection (b) unless the Administrator or his designee certifies that the amount is just and reasonable. "(e) Upon the approval by the Administrator, payments under subsection (b) 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) As used in this section— Definitions. "(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; "(2) 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; and

�