§ 70113. — Paying claims exceeding liability insurance and financial responsibility requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70113]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70113. Paying claims exceeding liability insurance and
financial responsibility requirements
(a) General Requirements.--(1) To the extent provided in advance in
an appropriation law or to the extent additional legislative authority
is enacted providing for paying claims in a compensation plan submitted
under subsection (d) of this section, the Secretary of Transportation
shall provide for the payment by the United States Government of a
successful claim (including reasonable litigation or settlement
expenses) of a third party against a licensee or transferee under this
chapter, a contractor, subcontractor, or customer of the licensee or
transferee, or a contractor or subcontractor of a customer, resulting
from an activity carried out under the license issued or transferred
under this chapter for death, bodily injury, or property damage or loss
resulting from an activity carried out under the license. However,
claims may be paid under this section only to the extent the total
amount of successful claims related to one launch or reentry--
(A) is more than the amount of insurance or demonstration of
financial responsibility required under section 70112(a)(1)(A) of
this title; and
(B) is not more than $1,500,000,000 (plus additional amounts
necessary to reflect inflation occurring after January 1, 1989)
above that insurance or financial responsibility amount.
(2) The Secretary may not provide for paying a part of a claim for
which death, bodily injury, or property damage or loss results from
willful misconduct by the licensee or transferee. To the extent
insurance required under section 70112(a)(1)(A) of this title is not
available to cover a successful third party liability claim because of
an insurance policy exclusion the Secretary decides is usual for the
type of insurance involved, the Secretary may provide for paying the
excluded claims without regard to the limitation contained in section
70112(a)(1).
(b) Notice, Participation, and Approval.--Before a payment under
subsection (a) of this section is made--
(1) notice must be given to the Government of a claim, or a
civil action related to the claim, against a party described in
subsection (a)(1) of this section for death, bodily injury, or
property damage or loss;
(2) the Government must be given an opportunity to participate
or assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement to be
paid out of appropriations of the Government.
(c) Withholding Payments.--The Secretary may withhold a payment
under subsection (a) of this section if the Secretary certifies that the
amount is not reasonable. However, the Secretary shall deem to be
reasonable the amount of a claim finally decided by a court of competent
jurisdiction.
(d) Surveys, Reports, and Compensation Plans.--(1) If as a result of
an activity carried out under a license issued or transferred under this
chapter the total of claims related to one launch or reentry is likely
to be more than the amount of required insurance or demonstration of
financial responsibility, the Secretary shall--
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of
the survey.
(2) Not later than 90 days after a court determination indicates
that the liability for the total of claims related to one launch or
reentry may be more than the required amount of insurance or
demonstration of financial responsibility, the President, on the
recommendation of the Secretary, shall submit to Congress a compensation
plan that--
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan
if additional legislative authority is required; and
(D) for a single event or incident, may not be for more than
$1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of
this subsection shall--
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives
on the same day and when the Senate and House are in session.
(e) Congressional Resolutions.--(1) In this subsection,
``resolution''--
(A) means a joint resolution of Congress the matter after the
resolving clause of which is as follows: ``That the Congress
approves the compensation plan numbered _____ submitted to the
Congress on _____ __, 20__.'', with the blank spaces being filled
appropriately; but
(B) does not include a resolution that includes more than one
compensation plan.
(2) The Senate shall consider under this subsection a compensation
plan requiring additional appropriations or legislative authority not
later than 60 calendar days of continuous session of Congress after the
date on which the plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred
immediately to a committee by the President of the Senate. All
resolutions related to the same plan shall be referred to the same
committee.
(4)(A) If the committee of the Senate to which a resolution has been
referred does not report the resolution within 20 calendar days after it
is referred, a motion is in order to discharge the committee from
further consideration of the resolution or to discharge the committee
from further consideration of the plan.
(B) A motion to discharge may be made only by an individual favoring
the resolution and is highly privileged (except that the motion may not
be made after the committee has reported a resolution on the plan).
Debate on the motion is limited to one hour, to be divided equally
between those favoring and those opposing the resolution. An amendment
to the motion is not in order. A motion to reconsider the vote by which
the motion is agreed to or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to, the
motion may not be renewed and another motion to discharge the committee
from another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged
from further consideration of, a resolution, a motion to proceed to the
consideration of the resolution is in order at any time, even though a
similar previous motion has been disagreed to. The motion is highly
privileged and is not debatable. An amendment to the motion is not in
order. A motion to reconsider the vote by which the motion is agreed to
or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this
paragraph is limited to not more than 10 hours, to be divided equally
between those favoring and those opposing the resolution. A motion
further to limit debate is not debatable. An amendment to, or motion to
recommit, the resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or disagreed to is not in
order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from
committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the
application of the rules of the Senate to the procedures related to
a resolution.
(f) Application.--This section applies to a license issued or
transferred under this chapter for which the Secretary receives a
complete and valid application not later than December 31, 2004.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1338; Pub. L. 104-
287, Sec. 5(94), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105-303, title
I, Sec. 102(a)(13), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 106-74, title
IV, Sec. 433, Oct. 20, 1999, 113 Stat. 1097; Pub. L. 106-377,
Sec. 1(a)(1) [title IV, Sec. 429], Oct. 27, 2000, 114 Stat. 1441, 1441A-
56; Pub. L. 106-405, Secs. 5(b), 6(a), Nov. 1, 2000, 114 Stat. 1752.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70113(a).............................. 49 App.:2615(b)(1). Oct. 30, 1984, Pub. L. 98-575, Sec.
16(b)(1)-(4), 98 Stat. 3061; restated
Nov. 15, 1988, Pub. L. 100-657, Sec.
5(a), 102 Stat. 3903.
70113(b).............................. 49 App.:2615(b)(2).
70113(c).............................. 49 App.:2615(b)(3).
70113(d)(1)........................... 49 App.:2615(b)(4)(A).
70113(d)(2)........................... 49 App.:2615(b)(4)(B).
70113(d)(3)........................... 49 App.:2615(b)(4)(C).
70113(e)(1)........................... 49 App.:2615(b) (4)(D)(i),
(iii).
70113(e)(2)........................... 49 App.:2615(b) (4)(D)(ii).
70113(e)(3)........................... 49 App.:2615(b) (4)(D)(iv).
70113(e)(4)........................... 49 App.:2615(b) (4)(D)(v).
70113(e)(5)........................... 49 App.:2615(b) (4)(D)(vi).
70113(e)(6)........................... 49 App.:2615(b) (4)(D)(vii).
70113(f).............................. 49 App.:2615(b)(5). Oct. 30, 1984, Pub. L. 98-575, Sec.
16(b)(5), 98 Stat. 3061; restated Nov.
15, 1988, Pub. L. 100-657, Sec. 5(a),
102 Stat. 3903; Nov. 4, 1992, Pub. L.
102-588, Sec. 503, 106 Stat. 5124.
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In subsection (a)(1), before clause (A), the word ``particular'' is
omitted as surplus. In clause (B), the words ``the level that is'' are
omitted as surplus.
In subsection (b)(1), the words ``civil action'' are substituted for
``suit'' for consistency in the revised title and with other titles of
the United States Code and rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.).
In subsection (b)(2), the words ``the Government must be given an
opportunity'' are substituted for ``by the United States, at its
election'' for clarity.
In subsection (c), the words ``just and'' and ``judgment'' are
omitted as surplus.
In subsection (d), the word ``particular'' is omitted as surplus.
In subsection (d)(2), before clause (A), the words ``or plans'' are
omitted because of 1:1.
In subsection (e)(1), before clause (A), the text of 49
App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the word
``only'' is omitted as surplus. The word ``Congress'' is substituted for
``the first blank space therein being filled with the name of the
resolving House'' to correct an error in the law.
In subsection (e)(3), the words ``once introduced with respect to a
compensation plan'' are omitted as surplus.
In subsection (e)(4)(A), the word ``either'' is omitted as surplus.
In subsection (f), the word ``only'' is omitted as surplus.
Pub. L. 104-287
This amends 49:70113(e)(6)(D) to correct an error in the
codification enacted by section 1 of the Act of July 5, 1994 (Public Law
103-272, 108 Stat. 1340).
Amendments
2000--Subsec. (e)(1)(A). Pub. L. 106-405, Sec. 6(a), substituted
``20__'' for ``19__''.
Subsec. (f). Pub. L. 106-405, Sec. 5(b), substituted ``December 31,
2004'' for ``December 31, 2001''.
Pub. L. 106-377 substituted ``December 31, 2001'' for ``December 31,
2000''.
1999--Subsec. (f). Pub. L. 106-74 substituted ``December 31, 2000''
for ``December 31, 1999''.
1998--Subsecs. (a)(1), (d)(1), (2). Pub. L. 105-303 inserted ``or
reentry'' after ``one launch''.
1996--Subsec. (e)(6)(D). Pub. L. 104-287 substituted ``related to a
resolution'' for ``related to resolution''.
Effective Date of 2000 Amendment
Pub. L. 106-405, Sec. 6(b), Nov. 1, 2000, 114 Stat. 1752, provided
that: ``The amendment made by subsection (a) [amending this section]
takes effect on January 1, 2000.''
Section Referred to in Other Sections
This section is referred to in title 42 section 2458c.
