51 U.S.C. § 50913

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 50913 - 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 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.

51 U.S.C. § 50913

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1335, §70111 of title 49; Pub. L. 105-303, title I, §102(a)(11), Oct. 28, 1998, 112 Stat. 2849; renumbered §70111 then §50913 of title 51, Pub. L. 111-314, §4(d)(2), (3)(M), Dec. 18, 2010, 124 Stat. 3440, 3441.

HISTORICAL AND REVISION NOTES
Revised Section	Source (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

AMENDMENTS2010-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".

State: "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
United States: "United States" means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
launch property: "launch property" means an item built for, or used in, the launch preparation or launch of a launch vehicle.
launch services: "launch services" means-(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), government astronaut, or space flight participant for launch; and(B) the conduct of a launch.
launch vehicle: "launch vehicle" means-(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and(B) a suborbital rocket.
launch: "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth-(A) in a suborbital trajectory;(B) in Earth orbit in outer space; or(C) otherwise in outer space,including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
payload: "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
person: "person" means an individual and an entity organized or existing under the laws of a State or country.
reentry: "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
reentry services: "reentry services" means- (A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), government astronaut, or space flight participant, if any, for reentry; and(B) the conduct of a reentry.
reentry vehicle: "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.