ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

51 U.S.C. § 50915Paying claims exceeding liability insurance and financial responsibility requirements

submitted 32 years ago by Pub. L. 103-272 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 1,271 words · no verdicts yet

in plain englishAI-generated · not legal advice

The government may pay space-launch injury claims that go beyond a licensee's required insurance, up to $1.5 billion. Congress must first fund or approve this payment through a compensation plan, and willful misconduct is never covered.

(a) General Requirements. If Congress has set aside money for it, or passed a special law approving a compensation plan, the Secretary of Transportation must pay a successful claim by an outside party (a "third party") against certain people connected to a licensed space launch or reentry. This covers death, injury, or property damage or loss from the launch or reentry activity, plus reasonable legal or settlement costs. But the government can only pay for the part of the claims that is more than the licensee's required insurance or proof of financial responsibility, and not more than $1,500,000,000 above that amount (adjusted upward for inflation after January 1, 1989). The Secretary cannot pay any part of a claim caused by willful misconduct by the licensee or the person the license was transferred to. If the required insurance does not cover a claim because of a normal insurance policy exclusion, the Secretary may still pay that claim without the usual dollar limits. The people covered are: the licensee or the person the license was transferred to; a contractor, subcontractor, or customer of that person; a contractor or subcontractor of a customer; or a space flight participant. The coverage for space flight participants ends on September 30, 2028. (b) Notice, Participation, and Approval. Before any payment happens: the government must be notified of the claim or lawsuit; the government must get a chance to help defend it; and the Secretary must approve any settlement paid with government money. (c) Withholding Payments. The Secretary can refuse to pay if the Secretary certifies the amount is not reasonable. But if a court has already decided the amount, the Secretary must treat that amount as reasonable. (d) Surveys, Reports, and Compensation Plans. If claims from one launch or reentry are likely to exceed the required insurance amount, the Secretary must study the causes and extent of the damage and quickly report the results to Congress. Within 90 days after a court ruling shows the total claims may exceed the insurance amount, the President must send Congress a compensation plan. This plan must show the total dollar value of the claims, recommend where the money should come from, include any legislative language needed, and not exceed $1,500,000,000 for a single event. Each plan must have an identification number and must be sent to the Senate and House on the same day, while Congress is in session. (e) Congressional Resolutions. This part explains how the Senate handles a "resolution" — a specific joint resolution approving a numbered compensation plan (a resolution covering more than one plan doesn't count). The Senate must act on a plan needing new money or legal authority within 60 days Congress is in session after it's submitted. Resolutions go straight to a Senate committee, and related resolutions on the same plan go to the same committee. If that committee doesn't act within 20 days, a supporter of the resolution can force a vote to take it away from the committee; debate on that motion is capped at one hour and can't be amended or reconsidered, and once decided it can't be tried again for the same plan. After the committee reports or is bypassed, any senator can move to take up the resolution at any time, and that motion also can't be amended or reconsidered. Debate on the resolution itself is capped at 10 hours, split evenly between supporters and opponents, and can't be amended, sent back to committee, or reconsidered after a vote. Several procedural motions — postponing the discharge process, postponing the resolution, moving to other business, or appealing the chair's rulings — must be decided without any debate. (f) Application. This section only applies to a license issued or transferred if the Secretary receives a full, valid application by September 30, 2028. It does not apply to permits.
the actual law source: uscode.house.gov ↗public domain
(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 person described in paragraph (3)(A) 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 50914(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 50914(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 50914(a)(1).

(3)
(A)

A person described in this subparagraph is—

(i)

a licensee or transferee under this chapter;

(ii)

a contractor, subcontractor, or customer of the licensee or transferee;

(iii)

a contractor or subcontractor of a customer; or

(iv)

a space flight participant.

(B)

Clause (iv) of subparagraph (A) ceases to be effective September 30, 2028.

(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 September 30, 2028. This section does not apply to permits.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1338, § 70113 of title 49; Pub. L. 104–287, § 5(94), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, § 102(a)(13), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 106–74, title IV, § 433, Oct. 20, 1999, 113 Stat. 1097; Pub. L. 106–377, § 1(a)(1) [title IV, § 429], Oct. 27, 2000, 114 Stat. 1441, 1441A–56; Pub. L. 106–405, §§ 5(b), 6(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–428, § 1, Nov. 30, 2004, 118 Stat. 2432; Pub. L. 108–492, § 2(c)(22), (23), Dec. 23, 2004, 118 Stat. 3981; Pub. L. 111–125, § 1, Dec. 28, 2009, 123 Stat. 3486; renumbered § 70113 then § 50915 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(O), (5)(Q), (R), Dec. 18, 2010, 124 Stat. 3440–3442; Pub. L. 112–273, § 3, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 113–76, § 8, Jan. 17, 2014, 128 Stat. 7; Pub. L. 114–90, title I, §§ 102(d), 103(a)(2), Nov. 25, 2015, 129 Stat. 706; Pub. L. 118–159, div. E, title LVII, § 5702(3), Dec. 23, 2024, 138 Stat. 2461.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1338
  • 1996Amended · Pub. L. 104-287 · 110 Stat. 3398
  • 1998Amended · Pub. L. 105-303 · 112 Stat. 2850
  • 1999Amended · Pub. L. 106-74 · 113 Stat. 1097
  • 2000Amended · Pub. L. 106-377 · 114 Stat. 1441, 1441
  • 2000Amended · Pub. L. 106-405 · 114 Stat. 1752
  • 2004Amended · Pub. L. 108-428 · 118 Stat. 2432
  • 2004Amended · Pub. L. 108-492 · 118 Stat. 3981
  • 2009Amended · Pub. L. 111-125 · 123 Stat. 3486
  • 2010Amended · Pub. L. 111-314 · 124 Stat. 3440
  • 2013Amended · Pub. L. 112-273 · 126 Stat. 2454
  • 2014Amended · Pub. L. 113-76 · 128 Stat. 7
  • 2015Amended · Pub. L. 114-90 · 129 Stat. 706
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2461

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case