Page:United States Statutes at Large Volume 102 Part 4.djvu/933

 •'^gS^l'SC-!^.'• y •

PUBLIC LAW 100-657—NOV. 15, 1988

102 STAT. 3903

and availability of insurance on the world market. Such proposed adjustment shall take effect 30 days after the submission of such report. "(b)(1) To the extent provided in advance in appropriations Acts or to the extent there is enacted additional legislative authority to provide for the payment of claims as submitted in the compensation plan outlined in paragraph (4), the Secretary shall provide for the payment by the United States of successful claims (including reasonable expenses of litigation or settlement) of a third party against the licensee or transferee, or its contractors, subcontractors, or customers, or the contractors or subcontractors of such customers, resulting from activities carried out pursuant to a license issued or transferred under this Act for death, bodily injury, or loss of or damage to property resulting from activities carried out under the license, but only to the extent that the aggregate of such successful claims arising out of any particular launch— "(A) is in excess of the amount of insurance or demonstration of financial responsibilities required under subsection (a)(l)(A); and "(B) is not in excess of the level that is $1,500,000,000 (plus any additional sums necessary to reflect inflation occurring after January 1, 1989) above such amount. The Secretary shall not provide for payment of any part of such claim for which the death, bodily injury, or loss of or damage to property has resulted from willful misconduct by the licensee or transferee. To the extent insurance required pursuant to subsection (a)(1)(A) is not available to cover any such successful third party liability claim by reason of insurance policy exclusions determined by the Secretary to be usual for the type of insurance involved, the Secretary may provide for the payment of such excluded claims without regard to the limitation expressed in subparagraph (A). "(2) The payment of claims under paragraph (1) shall be subject to— "(A) notice to the United States of any claim, or suit associated with such claim, against a party described in paragraph (1) for death, bodily injury, or loss of or damage to property; "(B) participation or assistance in the defense by the United States, at its election, of that claim or suit; and "(C) approval by the Secretary of that portion of any settlement which is to be paid out of appropriated funds of the United States. "(3) The Secretary may withhold payment under paragraph (1) if the Secretary certifies that the amount is not just and reasonable, except that the amount of any claim determined by the final judgment of a court of competent jurisdiction shall be deemed by the Secretary to be just and reasonable. "(4)(A) If as a result of activities carried out under a license issued Reports. or transferred under this Act the aggregate of the claims arising out of a particular launch are likely to exceed the amount of insurance or demonstration of financial responsibility required under the license, the Secretary shall (i) make a survey of the causes and extent of dameige and (ii) expeditiously submit to the Congress a report setting forth the results of such survey. '(B) Not later than 90 days after any determination by a court President of U.S. indicating that the liability for the aggregate of claims arising out of a particular launch under such a license may exceed the amount of insurance or demonstration of financial responsibility required

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