§ 70109. — Preemption of scheduled launches or reentries.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70109]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70109. Preemption of scheduled launches or reentries
(a) General.--With the cooperation of the Secretary of Defense and
the Administrator of the National Aeronautics and Space Administration,
the Secretary of Transportation shall act to ensure that a launch or
reentry of a payload is not preempted from access to a United States
Government launch site, reentry site, or launch property, except for
imperative national need, when a launch date commitment or reentry date
commitment from the Government has been obtained for a launch or reentry
licensed under this chapter. A licensee or transferee preempted from
access to a launch site, reentry site, or launch property does not have
to pay the Government any amount for launch services, or services
related to a reentry, attributable only to the scheduled launch or
reentry prevented by the preemption.
(b) Imperative National Need Decisions.--In consultation with the
Secretary of Transportation, the Secretary of Defense or the
Administrator shall decide when an imperative national need requires
preemption under subsection (a) of this section. That decision may not
be delegated.
(c) Reports.--In cooperation with the Secretary of Transportation,
the Secretary of Defense or the Administrator, as appropriate, shall
submit to Congress not later than 7 days after a decision to preempt
under subsection (a) of this section, a report that includes an
explanation of the circumstances justifying the decision and a schedule
for ensuring the prompt launching or reentry of a preempted payload.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335; Pub. L. 105-
303, title I, Sec. 102(a)(9), Oct. 28, 1998, 112 Stat. 2849.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70109(a).............................. 49 App.:2614(b)(4)(A) (1st, Oct. 30, 1984, Pub. L. 98-575, 98 Stat.
last sentences). 3055, Sec. 15(b)(4); added Nov. 15,
1988, Pub. L. 100-657, Sec. 7, 102
Stat. 3906.
70109(b).............................. 49 App.:2614(b)(4)(A) (2d
sentence).
70109(c).............................. 49 App.:2614(b)(4)(B).
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Amendments
1998--Pub. L. 105-303, Sec. 102(a)(9)(A), substituted ``Preemption
of scheduled launches or reentries'' for ``Preemption of scheduled
launches'' in section catchline.
Subsec. (a). Pub. L. 105-303, Sec. 102(a)(9)(B), inserted ``or
reentry'' after ``ensure that a launch'', ``, reentry site,'' after
``United States Government launch site'', ``or reentry date commitment''
after ``launch date commitment'', ``or reentry'' after ``obtained for a
launch'', ``, reentry site,'' after ``access to a launch site'', ``, or
services related to a reentry,'' after ``amount for launch services'',
and ``or reentry'' after ``the scheduled launch''.
Subsec. (c). Pub. L. 105-303, Sec. 102(a)(9)(C), inserted ``or
reentry'' after ``prompt launching''.
