51-U.S.C.-50913
§50913 – Acquiring United States Government Property and Services
Pathway
Title 51 > Subtitle V > Chapter 509 > Section 50913
Details
- Reference: Section 50913
- Legend: §50913 – Acquiring United States Government Property and Services
- USCode Year: 2012
Provision Content
(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.
(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.)
| 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.
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”.
U.S. Encyclopedia of Law Coverage
51-U.S.C.-50506 in the Legal Encyclopedia: Space
In this entry about 51-U.S.C.-50506, find legal reference material, bibliographies and premiere content related to space in the American Encyclopedia of Law, presenting a comprehensive view of the United States space-specific issues, written by authorities in the field.
51-U.S.C.-50503 in the Legal Encyclopedia: Commercial Space Programs
In this entry about 51-U.S.C.-50503, find legal reference material, bibliographies and premiere content related to commercial space programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States commercial space programs-specific issues, written by authorities in the field.
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