51 U.S.C. § 50915 — Paying claims exceeding liability insur-

Page 135 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50915 Statutory Notes and Related Subsidiaries 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 Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 5(93) of Pub. L. 104–287 effec- tive July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of Title 49, Transpor- tation. 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 sub- sequently 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. § 50915. Paying claims exceeding liability insur- ance and financial responsibility require- ments (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 com- pensation 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 (in- cluding reasonable litigation or settlement ex- penses) of a third party against a person de- scribed in paragraph (3)(A) resulting from an ac- tivity 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 success- ful claims related to one launch or reentry— (A) is more than the amount of insurance or demonstration of financial responsibility re- quired under section 50914(a)(1)(A) of this title; and (B) is not more than $1,500,000,000 (plus addi- tional amounts necessary to reflect inflation occurring after January 1, 1989) above that in- surance 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 be- cause of an insurance policy exclusion the Sec- retary decides is usual for the type of insurance involved, the Secretary may provide for paying the excluded claims without regard to the limi- tation contained in section 50914(a)(1). (3)(A) A person described in this subparagraph is— (i) a licensee or transferee under this chap- ter; (ii) a contractor, subcontractor, or customer of the licensee or transferee; (iii) a contractor or subcontractor of a cus- tomer; 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 oppor- tunity 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 Sec- retary shall deem to be reasonable the amount of a claim finally decided by a court of com- petent 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 re- port on the results of the survey. (2) Not later than 90 days after a court deter- mination indicates that the liability for the total of claims related to one launch or reentry may be more than the required amount of insur- ance or demonstration of financial responsi- bility, the President, on the recommendation of the Secretary, shall submit to Congress a com- pensation 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 au- thority 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 Con- gress 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 lllll sub- Page 136 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50915 mitted to the Congress on lllll ll, 20ll.’’, with the blank spaces being filled ap- propriately; but (B) does not include a resolution that in- cludes more than one compensation plan. (2) The Senate shall consider under this sub- section a compensation plan requiring addi- tional 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 be- tween those favoring and those opposing the res- olution. 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 consider- ation 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 mo- tion is not in order. A motion to reconsider the vote by which the motion is agreed to or dis- agreed 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 be- tween those favoring and those opposing the res- olution. A motion further to limit debate is not debatable. An amendment to, or motion to re- commit, 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 Sen- ate without debate: (A) a motion to postpone related to the dis- charge 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 re- lated to the application of the rules of the Senate to the procedures related to a resolu- tion. (f) APPLICATION.—This section applies to a li- cense 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. (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.) 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. 30, 1984, Pub. L. 98–575, § 16(b)(1)–(4), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, § 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, § 16(b)(5), 98 Stat. 3061; re- stated Nov. 15, 1988, Pub. L. 100–657, § 5(a), 102 Stat. 3903; Nov. 4, 1992, Pub. L. 102–588, § 503, 106 Stat. 5124. In subsection (a)(1), before clause (A), the word ‘‘par- ticular’’ 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 sub- stituted 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 ‘‘judg- ment’’ 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 ‘‘Con- gress’’ 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 sur- plus. Page 137 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50917 In subsection (e)(4)(A), the word ‘‘either’’ is omitted as surplus. In subsection (f), the word ‘‘only’’ is omitted as sur- plus. 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). Editorial Notes AMENDMENTS 2024—Subsec. (a)(3)(B). Pub. L. 118–159, § 5702(3)(A) substituted ‘‘September 30, 2028’’ for ‘‘September 30, 2025’’. Subsec. (f). Pub. L. 118–159, § 5702(3)(B), substituted ‘‘September 30, 2028’’ for ‘‘September 30, 2025’’. 2015—Subsec. (a)(1). Pub. L. 114–90, § 103(a)(2)(A), in in- troductory provisions, substituted ‘‘a person described in paragraph (3)(A)’’ for ‘‘a licensee or transferee under this chapter, a contractor, subcontractor, or customer of the licensee or transferee, or a contractor or subcon- tractor of a customer, but not against a space flight participant,’’. Subsec. (a)(3). Pub. L. 114–90, § 103(a)(2)(B), added par. (3). Subsec. (f). Pub. L. 114–90, § 102(d), substituted ‘‘Sep- tember 30, 2025’’ for ‘‘December 31, 2016’’. 2014—Subsec. (f). Pub. L. 113–76 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2013’’. 2013—Subsec. (f). Pub. L. 112–273 substituted ‘‘Decem- ber 31, 2013’’ for ‘‘December 31, 2012’’. 2010—Pub. L. 111–314, § 4(d)(2), (3)(O), successively re- numbered section 70113 of title 49 and section 70113 of this title as this section. Subsec. (a)(1)(A). Pub. L. 111–314, § 4(d)(5)(Q), sub- stituted ‘‘section 50914(a)(1)(A)’’ for ‘‘section 70112(a)(1)(A)’’. Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(R), substituted ‘‘section 50914(a)(1)(A)’’ for ‘‘section 70112(a)(1)(A)’’ and ‘‘section 50914(a)(1)’’ for ‘‘section 70112(a)(1)’’. 2009—Subsec. (f). Pub. L. 111–125 substituted ‘‘Decem- ber 31, 2012.’’ for ‘‘December 31, 2009.’’ 2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(22), inserted ‘‘but not against a space flight participant,’’ after ‘‘subcontractor of a customer,’’. Subsec. (f). Pub. L. 108–492, § 2(c)(23), inserted at end ‘‘This section does not apply to permits.’’ Pub. L. 108–428 substituted ‘‘December 31, 2009’’ for ‘‘December 31, 2004’’. 2000—Subsec. (e)(1)(A). Pub. L. 106–405, § 6(a), sub- stituted ‘‘20ll’’ for ‘‘19ll’’. Subsec. (f). Pub. L. 106–405, § 5(b), substituted ‘‘De- cember 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 ‘‘Decem- ber 31, 2000’’ for ‘‘December 31, 1999’’. 1998—Subsecs. (a)(1), (d)(1), (2). Pub. L. 105–303 in- serted ‘‘or reentry’’ after ‘‘one launch’’. 1996—Subsec. (e)(6)(D). Pub. L. 104–287 substituted ‘‘related to a resolution’’ for ‘‘related to resolution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–405, § 6(b), Nov. 1, 2000, 114 Stat. 1752, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect on January 1, 2000.’’ § 50916. Disclosing information The Secretary of Transportation, an officer or employee of the United States Government, or a person making a contract with the Secretary under section 50907(b) of this title may disclose information under this chapter that qualifies for an exemption under section 552(b)(4) of title 5 or is designated as confidential by the person or head of the executive agency providing the in- formation only if the Secretary decides with- holding the information is contrary to the pub- lic or national interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1340, § 70114 of title 49; renumbered § 70114 then § 50916 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(P), (5)(S), Dec. 18, 2010, 124 Stat. 3440–3442.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70114 .......... 49 App.:2608(c). Oct. 30, 1984, Pub. L. 98–575, § 9(c), 98 Stat. 3059. The words ‘‘data or’’ are omitted as surplus. The words ‘‘the head of’’ and ‘‘executive’’ are added for con- sistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 2010—Pub. L. 111–314, § 4(d)(5)(S), substituted ‘‘section 50907(b)’’ for ‘‘section 70106(b)’’. Pub. L. 111–314, § 4(d)(2), (3)(P), successively renum- bered section 70114 of title 49 and section 70114 of this title as this section. § 50917. Enforcement and penalty (a) PROHIBITIONS.—A person may not violate this chapter, a regulation prescribed under this chapter, or any term of a license issued or trans- ferred under this chapter. (b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the Secretary of Transportation may— (A) conduct investigations and inquiries; (B) administer oaths; (C) take affidavits; and (D) under lawful process— (i) enter at a reasonable time a launch site, reentry site, production facility, assem- bly site of a launch vehicle or reentry vehi- cle, crew or space flight participant training site, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter ap- plies or a record or report the Secretary re- quires be made or kept under this chapter; and (ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chap- ter. (2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agen- cy. (c) CIVIL PENALTY.—(1) After notice and an op- portunity for a hearing on the record, a person the Secretary finds to have violated subsection (a) of this section is liable to the United States Government for a civil penalty of not more than $100,000. A separate violation occurs for each day the violation continues.