124 STAT. 3345 PUBLIC LAW 111–314—DEC. 18, 2010 (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 pay- ment may be made under subsection (c) unless the Administrator or the Administrator’s designee certifies that the amount is just and reasonable. (f) PAYMENTS.—Upon the approval by the Administrator, pay- ments 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 pay- ments. § 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 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 experi- mental aerospace 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 ‘‘experi- mental aerospace vehicle’’ means an object intended to be flown in, or launched into, orbital or suborbital flight for the purpose of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement between the Administra- tion and a developer. (4) RELATED ENTITY.—The term ‘‘related entity’’ includes a contractor or subcontractor at any tier, a supplier, a grantee, and an investigator or detailee. (b) IN GENERAL.—The Administrator may provide liability insur- ance 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 provided in this section, the insurance and indemnification provided by the Administra- tion under subsection (b) to a developer shall be provided on the same terms and conditions as insurance and indemnifica- tion 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 insur- ance 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 experi- mental aerospace vehicle; and
