51 U.S.C. § 50913: Acquiring United States…

Summary

The Secretary of Transportation must help and encourage private companies and state governments to get U.S. Government launch or reentry property that is extra or not needed, and to get government launch and reentry services (including utilities) that are not needed. The Secretary must also check whether similar property or services are reasonably available from U.S. commercial sources, even if those sources are off a federal range. The agency that provides the property or service sets the price after talking with the Secretary. "Direct costs" means the real costs clearly tied to a commercial launch or reentry that the Government would not have otherwise. If property is sold, the price is fair market value. If property is transferred another way, the price is the direct costs, including wear, tear, and damage. For services, the price is the direct costs, including basic pay for government and contractor staff. The Secretary must make uniform rules so all federal agencies use the same approach. The Secretary can collect payments with the agency head’s OK; money goes to the Treasury and, except for excess launch property sales, goes back to the budget account that paid the cost. Other agency heads may collect payment for work on a launch or reentry vehicle or payload if the owner or maker agreed.

Title 51, §50913

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

(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 or reentry property of the United States Government that is excess or otherwise is not needed for public use; and

(B)launch services and reentry services, including utilities, of the Government otherwise not needed for public use.

(2)In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services or reentry services from a domestic source, whether such source is located on or off a Federal range.

(b)Price.—

(1)In this subsection, “direct costs” means the actual costs that—

(A)can be associated unambiguously with a commercial launch or reentry effort; and

(B)the Government would not incur if there were no commercial launch or reentry effort.

(2)In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or service. The price for—

(A)acquiring launch property by sale or transaction instead of sale is the fair market value;

(B)acquiring launch property (except by sale or transaction instead of sale) is an amount equal to the direct costs, including specific wear and tear and property damage, the Government incurred because of acquisition of the property; and

(C)launch services or reentry services is an amount equal to the direct costs, including the basic pay of Government civilian and contractor personnel, the Government incurred because of acquisition of the services.

(3)The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.

(c)Collection by Secretary.—

The Secretary may collect a payment under this section with the consent of the head of the executive agency establishing the price. Amounts collected under this subsection shall be deposited in the Treasury. Amounts (except for excess launch property) shall be credited to the appropriation from which the cost of providing the property or services was paid.

(d)Collection by Other Governmental Heads.—

The head of a department, agency, or instrumentality of the Government may collect a payment for an activity involved in producing a launch vehicle or reentry vehicle, or the payload of either, for launch or reentry if the activity was agreed to by the owner or manufacturer of the launch vehicle, reentry vehicle, or payload.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 70111(a)49 App.:2614(a).Oct. 30, 1984, Pub. L. 98–575, § 15(a), 98 Stat. 3060; Nov. 15, 1988, Pub. L. 100–657, § 4(a), 102 Stat. 3900; Nov. 16, 1990, Pub. L. 101–611, § 117(b), 104 Stat. 3202. 70111(b)49 App.:2614(b)(1).Oct. 30, 1984, Pub. L. 98–575, § 15(b)(1), 98 Stat. 3061; Nov. 15, 1988, Pub. L. 100–657, § 4(b), 102 Stat. 3901. 70111(c)49 App.:2614(b)(2), (3).Oct. 30, 1984, Pub. L. 98–575, § 15(b)(2), (3), 98 Stat. 3061. 70111(d)49 App.:2614(d).Oct. 30, 1984, Pub. L. 98–575, 98 Stat. 3055, § 15(d); added Nov. 15, 1988, Pub. L. 100–657, § 4(c), 102 Stat. 3901. In subsection (a)(1), before clause (A), the words “take such actions as may be necessary to” and “(by lease, sale, transaction in lieu of sale, or otherwise)” are omitted as surplus. In subsections (b)(2) and (c), the words “the head of” are added for consistency in the revised title and with other titles of the United States Code. In subsection (b)(2), before clause (A), the word “price” is substituted for “amount to be paid to the United States” and “the amount of such payment” to eliminate unnecessary words. The words “by any person who acquires launch property or launch services, including utilities” are omitted as surplus. In clause (C), the words “including utilities” are omitted as surplus. The words “basic pay” are substituted for “salaries” for clarity. In subsection (c), the word “collected” is substituted for “received” for consistency in this section. The words “by the United States for launch property or launch services, including utilities” and “the general fund of” are omitted as surplus. In subsection (d), the words “department, agency, or instrumentality of the Government” are substituted for “Federal agency or department” for consistency in the revised title and with other titles of the Code.

Editorial Notes

Amendments

2010—Pub. L. 111–314 successively renumbered section 70111 of title 49 and section 70111 of this title as this section. 1998—Subsec. (a)(1)(A). Pub. L. 105–303, § 102(a)(11)(A), inserted “or reentry” after “launch”. Subsec. (a)(1)(B). Pub. L. 105–303, § 102(a)(11)(B), inserted “and reentry services” after “launch services”. Subsec. (a)(2). Pub. L. 105–303, § 102(a)(11)(C), (D), inserted “or reentry services” after “or launch services” and substituted “source, whether such source is located on or off a Federal range” for “source”. Subsec. (b)(1)(A), (B). Pub. L. 105–303, § 102(a)(11)(E), inserted “or reentry” after “commercial launch”. Subsec. (b)(2)(C). Pub. L. 105–303, § 102(a)(11)(F), inserted “or reentry services” after “launch services”. Subsec. (b)(3). Pub. L. 105–303, § 102(a)(11)(G), added par. (3). Subsec. (d). Pub. L. 105–303, § 102(a)(11)(H), (I), substituted “or reentry vehicle, or the payload of either, for launch or reentry” for “or its payload for launch” and inserted “, reentry vehicle,” after “manufacturer of the launch vehicle”.

§50913 Acquiring United States Government Property and Services