
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(1)[429]]
[Document affected by Public Law 106-405 Section 5(b),]
[Document affected by Public Law 106-405 Section 6(b)]
[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 __________ ____, 19____.'', 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, 2000.

(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.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
70113(a)..............................  49 App.:2615(b)(1).              Oct. 3
0, 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. 3
0, 1984, Pub. L. 98-575, Sec.
                                                                          16(b)
(5), 98 Stat. 3061; restated Nov.
                                                                          15, 1
988, Pub. L. 100-657, Sec.  5(a),
                                                                          102 S
tat. 3903; Nov. 4, 1992, Pub. L.
                                                                          102-5
88, Sec.  503, 106 Stat. 5124.
-------------------------------------------------------------------------------
---------------------------------

    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

    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''.

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 2458c.
