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Title 51 — National and Commercial Space Programs

Chapter 509 — Commercial Space Launch Activities

§ 50910. Preemption of scheduled launches or reentries

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 51 U.S.C. § 50910

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, § 70109 of title 49

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, § 70109 of title 49

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 105–303 § 102(a)(9)(A) · 112 Stat. 2843

    Substituted · 51 U.S.C. § 50910

    Pub. L. 105–303, § 102(a)(9)(A), substituted “Preemption of scheduled launches or reentries” for “Preemption of scheduled launches” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–303, § 102(a)(9)(A), substituted “Preemption of scheduled launches or reentries” for “Preemption of scheduled launches” in section catchline.

    Enacted provision · exact public law section
    (A) by amending the section designation and heading to read as follows: “§70109. Preemption of scheduled launches or reentries”;

  3. Pub. L. 105–303 § 102(a)(9)(B) · 112 Stat. 2843

    Inserted · 51 U.S.C. § 50910(a)

    Pub. L. 105–303, § 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”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–303, § 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”.

    Enacted provision · exact public law section
    (B) in subsection (a)— (i) by inserting “or reentry” after “ensure that a launch”; (ii) by inserting “, reentry site,” after “United States Government launch site”; (iii) by inserting “or reentry date commitment” after “launch date commitment”; (iv) by inserting “or reentry” after “obtained for a launch”; (v) by inserting “, reentry site,” after “access to a launch site”; (vi) by inserting “, or services related to a reentry,” after “amount for launch services”; and (vii) by inserting “or reentry” after “the scheduled launch”; and

  4. Pub. L. 105–303 § 102(a)(9)(C) · 112 Stat. 2843

    Inserted · 51 U.S.C. § 50910(c)

    Pub. L. 105–303, § 102(a)(9)(C), inserted “or reentry” after “prompt launching”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–303, § 102(a)(9)(C), inserted “or reentry” after “prompt launching”.

    Enacted provision · exact public law section
    (C) in subsection (c), by inserting “or reentry” after “prompt launching”;

  5. Pub. L. 111–314 § 4(d)(2) · 124 Stat. 3328

    Changed · 51 U.S.C. § 50910

    Pub. L. 111–314 successively renumbered section 70109 of title 49 and section 70109 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 111–314 successively renumbered section 70109 of title 49 and section 70109 of this title as this section.

    Enacted provision · exact public law section
    (2) Renumbering and transfer of chapters.— Chapters 701 and 703 of title 49, United States Code, are renumbered as chapters 509 and 511, respectively, of title 51, United States Code, and 51 USC 70101–70121, 70301–70305. transferred so as to appear after chapter 507 of title 51, United States Code, as enacted by section 3 of this Act.

5 of 5 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
70109(a)49 App.:2614(b)(4)(A) (1st, last sentences).Oct. 30, 1984, Pub. L. 98–575, 98 Stat. 3055, § 15(b)(4); added Nov. 15, 1988, Pub. L. 100–657, § 7, 102 Stat. 3906.
70109(b)49 App.:2614(b)(4)(A) (2d sentence).
70109(c)49 App.:2614(b)(4)(B).

Editorial Notes

Amendments1998–2010 · 2 rounds

2010

Pub. L. 111–314 successively renumbered section 70109 of title 49 and section 70109 of this title as this section.

1998

Pub. L. 105–303, § 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, § 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, § 102(a)(9)(C), inserted “or reentry” after “prompt launching”.

Credits

1994–2010 · 3 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1335, § 70109 of title 49
  2. 1998Pub. L. 105–303, title I, § 102(a)(9), , 112 Stat. 2849
  3. 2010renumbered § 70109 then § 50910 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(J), , 124 Stat. 3440, 3441.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1335, § 70109 of title 49; Pub. L. 105–303, title I, § 102(a)(9), , 112 Stat. 2849; renumbered § 70109 then § 50910 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(J), , 124 Stat. 3440, 3441.)

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USLM identifier /us/usc/t51/s50910