49 U.S.C. § 70109 : US Code - Section 70109: Preemption of scheduled launches or reentries

Search 49 U.S.C. § 70109 : US Code - Section 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.