Title 51National and Commercial Space ProgramsRelease 119-73not60

§50504 Use of Government Facilities

Title 51 › Subtitle Subtitle V— Programs Targeting Commercial Opportunities › Chapter 505— COMMERCIAL SPACE COMPETITIVENESS › § 50504

Last updated Apr 5, 2026|Official source

Summary

Federal agencies, including NASA and the Department of Defense, can let private or non-government groups use their space facilities and charge them to cover the cost. An agency head must decide that the use will help commercial space work, can be handled with current or planned government resources, won’t interfere with government missions, isn’t something the private market already provides on fair terms, and fits public safety, national security, and treaty obligations. For safety, security, or treaty questions, the agency must talk with the right federal officials. The agency may charge an amount equal to the direct costs caused by the private use, including pay for U.S. civilian and contract staff. "Direct costs" means the actual expenses clearly linked to that use and that the government wouldn’t have without it. Money paid for using the facilities must go back into the same government account that paid the original costs.

Full Legal Text

Title 51, §50504

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

(a)(1)Federal agencies, including the Administration and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that—
(A)the facilities will be used to support commercial space activities;
(B)such use can be supported by existing or planned Federal resources;
(C)such use is compatible with Federal activities;
(D)equivalent commercial services are not available on reasonable terms; and
(E)such use is consistent with public safety, national security, and international treaty obligations.
(2)In carrying out paragraph (1)(E), each agency head shall consult with appropriate Federal officials.
(b)(1)The reimbursement referred to in subsection (a) may be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term “direct costs” means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use.
(2)The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5050415 U.S.C. 5807.Pub. L. 102–588, title V, § 508, Nov. 4, 1992, 106 Stat. 5128.

Reference

Citations & Metadata

Citation

51 U.S.C. § 50504

Title 51National and Commercial Space Programs

Last Updated

Apr 5, 2026

Release point: 119-73not60