108 STAT. 1336 PUBLIC LAW 103-272—JULY 5, 1994 (2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services from a domestic source. (b) PRICE.— (1) In this subsection, "direct costs" means the actual costs that— (A) can be associated unambiguously with a commercial launch effort; and (B) the Government would not incur if there were no commercial launch effort. (2) In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or service. The price for— (A) acquiring launch property by sale or transaction instead of sale is the fair market value; (B) acquiring launch property (except by sale or transaction instead of sale) is an amount equal to the direct costs, including specific wear and tear and property damage, the Government incurred because of acquisition of the property; and (C) launch services is an amount equal to the direct costs, including the basic pay of Government civilian and contractor personnel, the Government incurred because of acquisition of the services. (c) COLLECTION BY SECRETARY. —The Secretary may collect a payment under this section with the consent of the head of the executive agency establishing the price. Amounts collected under this subsection shall be deposited in the Treasury. Amounts (except for excess launch property) shall be credited to the appropriation from which the cost of providing the property or services was paid. (d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head of a department, agency, or instrumentality of the Government may collect a payment for an activity involved in producing a launch vehicle or its payload for launch if the activity was agreed to by the owner or manufacturer of the launch vehicle or payload. §70112. Liability insurance and financial responsibility requirements (a) GENERAL REQUIREMENTS.—(1) When a 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.
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