49 U.S.C. § 70113 : US Code - Section 70113: Paying claims exceeding liability insurance and financial responsibility requirements

Search 49 U.S.C. § 70113 : US Code - Section 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, but not against a space
flight participant, 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 _____ XX, 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, 2009.
This section does not apply to permits.