Page:United States Statutes at Large Volume 108 Part 2.djvu/623

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1339 " (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 70112(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 70112(a)(1). (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 GrOvernment. (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 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 President, that the liability for the total of claims related to one launch 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, 19.", with the blank spaces being filled appropriately; but

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