§50134 — Title 51 National and Commercial Space Programs | U.S. Code

Summary

The federal government cannot change certain old intercontinental ballistic missiles into space launch vehicles or give them away, unless rules below are followed. An agency may convert one of these missiles if it sends a certification at least 30 days before the change to the House Armed Services Committee, the House Science and Technology Committee, the Senate Armed Services Committee, and the Senate Commerce, Science, and Transportation Committee. The certification must say the conversion saves money versus buying U.S. commercial launch services, meets the agency’s performance, schedule, and risk needs, follows U.S. international obligations, and is approved by the Secretary of Defense (or the Secretary’s designee). The 30‑day notice can be skipped if the Secretary of Defense says waiting would conflict with urgent national security needs. The rule covers U.S.-owned missiles that were once used as ICBMs, have been declared excess to defense needs, and comply with international obligations.

Title 51, §50134

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)The Federal Government shall not—

(1)convert any missile described in subsection (c) to a space transportation vehicle configuration; or

(2)transfer ownership of any such missile to another person, except as provided in subsection (b).

(b)(1)A missile described in subsection (c) may be converted for use as a space transportation vehicle by the Federal Government if, except as provided in paragraph (2) and at least 30 days before such conversion, the agency seeking to use the missile as a space transportation vehicle transmits to the Committee on Armed Services and the Committee on Science and Technology of the House of Representatives, and to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, a certification that the use of such missile—

(A)would result in cost savings to the Federal Government when compared to the cost of acquiring space transportation services from United States commercial providers;

(B)meets all mission requirements of the agency, including performance, schedule, and risk requirements;

(C)is consistent with international obligations of the United States; and

(D)is approved by the Secretary of Defense or the designee of the Secretary of Defense.

(2)The requirement under paragraph (1) that the certification described in that paragraph must be transmitted at least 30 days before conversion of the missile shall not apply if the Secretary of Defense determines that compliance with that requirement would be inconsistent with meeting immediate national security requirements.

(c)The missiles referred to in this section are missiles owned by the United States that—

(1)were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and

(2)have been declared excess to United States national defense needs and are in compliance with international obligations of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5013442 U.S.C. 14734.Pub. L. 105–303, title II, § 205, Oct. 28, 1998, 112 Stat. 2857; Pub. L. 106–65, div. A, title X, § 1067(21), Oct. 5, 1999, 113 Stat. 775. In subsection (b)(1), in the matter before subparagraph (A), the words “Committee on Science and Technology” are substituted for “Committee on Science” on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§50134 Use of excess intercontinental ballistic missiles