PRIA, Government Policy, Made Personal

Summary

When a launch or reentry license is issued or transferred, the licensee must have liability insurance or show it can pay for the biggest likely losses. That must cover third parties for death, injury, or property damage, and the United States for damage to Government property. The Secretary of Transportation decides how big those amounts must be after talking with NASA, the Air Force, and other agencies. For all claims from one launch or reentry, the licensee does not need more than $500,000,000 for third-party claims or $100,000,000 for Government property claims. If less insurance is the most the world market offers at a reasonable cost, that smaller amount applies. The insurance or proof of money must protect the Government, Government agencies and staff, contractors and subcontractors, the licensee’s contractors and customers and their contractors, and space flight participants. The space flight participant protection ends on September 30, 2028. Licenses must also include a reciprocal waiver where each party agrees to be responsible for its own injuries, deaths, or property losses. That waiver must cover contractors, subcontractors, customers, their contractors, crew, and space flight participants (the space flight participant part ends September 30, 2028). The Secretary will make a similar waiver for the Government and its involved agencies. That Government waiver only applies to claims above the Government-property insurance amount. The Secretary may give up the Government’s right to recover for property loss if normal insurance exclusions make coverage unavailable. The Secretary must set the maximum probable loss within 90 days after getting needed information and can update it later. Each year the Secretary must report on determinations by November 15 and review the $500,000,000 and $100,000,000 amounts by May 15; proposed changes take effect 30 days after the report. Agencies must collect payments for Government property damage and federal courts handle all third-party or space flight participant claims.

Title 51, §50914

National and Commercial Space Programs, Source: USLM XML via OLRC

(a)General Requirements.—

(1)When a launch or reentry license is issued or transferred under this chapter, the licensee or transferee shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by—

(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, 2028.

(b)Reciprocal Waiver of Claims.—

(1)(A)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 applicable parties involved in launch services or reentry services under which each party to the waiver agrees to be responsible for personal injury to, death of, or property damage or loss sustained by it or its own employees resulting from an activity carried out under the applicable license.

(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, 2028.

(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)Determination of Maximum Probable Losses.—

The Secretary of Transportation shall determine the maximum probable losses under subsection (a)(1)(A) and (B) of this section associated with an activity under a license not later than 90 days after a licensee or transferee requires a determination and submits all information the Secretary requires. The Secretary shall amend the determination as warranted by new information.

(d)Annual Report.—

(1)Not later than November 15 of each year, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report on current determinations made under subsection (c) of this section related to all issued licenses and the reasons for the determinations.

(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)Launches or Reentries Involving Government Facilities and Personnel.—

The Secretary of Transportation shall establish requirements consistent with this chapter for proof of financial responsibility and other assurances necessary to protect the Government and its executive agencies and personnel from liability, death, bodily injury, or property damage or loss as a result of a launch or operation of a launch site or reentry site or a reentry involving a facility or personnel of the Government. The Secretary may not relieve the Government of liability under this subsection for death, bodily injury, or property damage or loss resulting from the willful misconduct of the Government or its agents.

(f)Collection and Crediting Payments.—

The head of a department, agency, or instrumentality of the Government shall collect a payment owed for damage or loss to Government property under its jurisdiction or control resulting from an activity carried out under a launch or reentry license issued or transferred under this chapter. The payment shall be credited to the current applicable appropriation, fund, or account of the department, agency, or instrumentality.

(g)Federal Jurisdiction.—

Any claim by a third party or space flight participant for death, bodily injury, or property damage or loss resulting from an activity carried out under the license shall be the exclusive jurisdiction of the Federal courts.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (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).

Editorial Notes

Amendments

2024—Subsec. (a)(5). Pub. L. 118–159, § 5702(2)(A), substituted “

September 30, 2028” for “

September 30, 2025”. Subsec. (b)(1)(C). Pub. L. 118–159, § 5702(2)(B), substituted “

September 30, 2028” for “

September 30, 2025”. 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”.

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 Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Effective Date

of 1996 AmendmentAmendment 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 RequirementsFor 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.

§50914 Liability Insurance and Financial Responsibility Requirements