(a)
(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or loss to Government property resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph (1)(A) and (B) of this subsection, after consulting with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other appropriate executive agencies.
(3) For the total claims related to one launch or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than—
(A)
(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if the amount is less than the applicable amount in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the customer.
(E) space flight participants.
(5) Subparagraph (E) of paragraph (4) ceases to be effective September 30, 2025.
(b)
(B) In this paragraph, the term "applicable parties" means—
(i) contractors, subcontractors, and customers of the licensee or transferee;
(ii) contractors and subcontractors of the customers; and
(iii) space flight participants.
(C) Clause (iii) of subparagraph (B) ceases to be effective September 30, 2025.
(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch services or reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims with the licensee or transferee, contractors, subcontractors, crew, space flight participants, and customers of the licensee or transferee, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees or by space flight participants, resulting from an activity carried out under the applicable license. The waiver applies only to the extent that claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (a)(1)(B) of this section. After consulting with the Administrator and the Secretary of the Air Force, the Secretary of Transportation may waive, for the Government and a department, agency, and instrumentality of the Government, the right to recover damages for damage or loss to Government property to the extent insurance is not available because of a policy exclusion the Secretary of Transportation decides is usual for the type of insurance involved.
(c)
(d)
(2) Not later than May 15 of each year, the Secretary of Transportation shall review the amounts specified in subsection (a)(3)(A) of this section and submit a report to Congress that contains proposed adjustments in the amounts to conform with changed liability expectations and availability of insurance on the world market. The proposed adjustment takes effect 30 days after a report is submitted.
(e)
(f)
(g)
|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70112(a)(1), (2) | 49 App.:2615(a)(1)(A) (1st sentence), (B) (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §16(a), (c), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(a), 102 Stat. 3901, 3905. |
| 70112(a)(3) | 49 App.:2615(a)(1)(A) (last sentence), (B) (last sentence). | |
| 70112(a)(4) | 49 App.:2615(a)(2). | |
| 70112(b)(1) | 49 App.:2615(a)(1)(C). | |
| 70112(b)(2) | 49 App.:2615(a)(1)(D). | |
| 70112(c) | 49 App.:2615(a)(3) (1st, 2d sentences). | |
| 70112(d)(1) | 49 App.:2615(a)(3) (last sentence). | |
| 70112(d)(2) | 49 App.:2615(a)(4). | |
| 70112(e) | 49 App.:2614(c). | Oct. 30, 1984, Pub. L. 98–575, §15(c), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(b), 102 Stat. 3905. |
| 70112(f) | 49 App.:2615(c). |
In subsection (a), the word "particular" is omitted as surplus.
In subsection (a)(1), before clause (A), the word "sufficient" is omitted as surplus. In clauses (A) and (B), the words "in connection with any particular launch" are omitted as surplus.
In subsection (a)(4), before clause (A), the words "made . . . a requirement described in" are omitted as surplus.
In subsection (b)(2), the words "department, agency, and instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), the words "if appropriate" are omitted as surplus.
In subsection (f), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency or department" for consistency in the revised title and with other titles of the Code. The words "insurance proceeds or . . . other" and "proceeds or other" are omitted as surplus.
Pub. L. 104–287, §5(93)
This amends 49:70112(a)(3)(B) to clarify a cross-reference in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1337).
Amendments
2015—Subsec. (a)(4)(E). Pub. L. 114–90, §103(a)(1)(A), added subpar. (E).
Subsec. (a)(5). Pub. L. 114–90, §103(a)(1)(B), added par. (5).
Subsec. (b)(1). Pub. L. 114–90, §107, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "A launch or reentry license issued or transferred under this chapter shall contain a provision requiring the licensee or transferee to make a reciprocal waiver of claims with its contractors, subcontractors, and customers, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees resulting from an activity carried out under the applicable license."
Subsec. (g). Pub. L. 114–90, §106, added subsec. (g).
2010—Pub. L. 111–314 successively renumbered section 70112 of title 49 and section 70112 of this title as this section.
2004—Subsec. (b)(2). Pub. L. 108–492 inserted "crew, space flight participants," after "transferee, contractors, subcontractors," and "or by space flight participants," after "its own employees".
1998—Subsec. (a)(1). Pub. L. 105–303, §102(a)(12)(A), inserted "launch or reentry" before "license is issued".
Subsec. (a)(3). Pub. L. 105–303, §102(a)(12)(B), inserted "or reentry" after "one launch" in introductory provisions.
Subsec. (a)(4). Pub. L. 105–303, §102(a)(12)(C), inserted "or reentry services" after "launch services" in introductory provisions.
Subsec. (b)(1). Pub. L. 105–303, §102(a)(12)(D)–(F), inserted "launch or reentry" before "license issued or transferred", "or reentry services" after "launch services", and "applicable" after "carried out under the".
Subsec. (b)(2). Pub. L. 105–303, §102(a)(12)(E), (F), inserted "or reentry services" after "launch services" wherever appearing and "applicable" after "carried out under the".
Subsec. (e). Pub. L. 105–303, §102(a)(12)(G), (H), inserted "or Reentries" after "Launches" in heading and "or reentry site or a reentry" after "launch site" in text.
Subsec. (f). Pub. L. 105–303, §102(a)(12)(I), inserted "launch or reentry" before "license issued or transferred".
1996—Subsec. (a)(3)(B). Pub. L. 104–287, §5(93), substituted "clause (A)(i) or (ii)" for "clause (A)".
Subsec. (d)(1). Pub. L. 104–287, §5(74), substituted "Committee on Science" for "Committee on Science, Space, and Technology".
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Effective Date of 1996 Amendment
Amendment by section 5(93) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of Title 49, Transportation.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 2nd item on page 133 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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