PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1335 § 70109. Preemption of scheduled launches (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 of a payload is not preempted from access to a United States Government launch site or launch property, except for imperative national need, when a launch date commitment from the Government has been obtained for a launch licensed under this chapter. A licensee or transferee preempted from access to a launch site or launch property does not have to pay the Government any amount for launch services attributable only to the scheduled launch 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 of a preempted payload. § 70110. Administrative hearings and judicial review (a) ADMINISTRATIVE HEARINGS.— The Secretary of Transportation shall provide an opportunity for a hearing on the record to— (1) an applicEmt under this chapter, for a decision of the Secretary under section 70105(a) of this title to issue or transfer a license with terms or deny the issuance or transfer of a license; (2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 70104(c) of this title to prevent the launch of the payload; and (3) a licensee under this chapter, for a decision of the Secretary under— (A) section 70107(b) or (c) of this title to modify, suspend, or revoke a license; or (B) section 70108(a) of this title to prohibit, suspend, or end a launch or operation of a launch site licensed by the Secretary. (b) JUDICIAL REVIEW.—^A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5. §70111. Acquiring United States Government property and services (a) GENERAL REQUIREMENTS AND CONSIDERATIONS. —(1) The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of— (A) launch property of the United States Government that is excess or otherwise is not needed for public use; and (B) launch services, including utilities, of the Government otherwise not needed for public use.
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