ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

51 U.S.C. § 50913Acquiring United States Government property and services

submitted 32 years ago by Pub. L. 103-272 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 418 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation must help the private sector and states get surplus government launch property and unused launch or reentry services, priced at fair value or direct cost. Payments generally go back to the paying agency's own account.

(a) General Requirements and Considerations. (1) The Secretary of Transportation must help and encourage the private sector and state governments to acquire: (A) U.S. Government launch or reentry property that's excess or not needed for public use; and (B) government launch and reentry services, including utilities, not otherwise needed for public use. (2) While doing this, the Secretary must consider whether substantially equivalent launch property or services are already commercially available on reasonable terms from a domestic source — whether that source is on or off a federal range. (b) Price. (1) In this subsection, "direct costs" means actual costs that (A) can be clearly tied to a commercial launch or reentry effort, and (B) the government wouldn't otherwise incur without that effort. (2) Working with the Secretary, the head of the executive agency providing the property or service sets its price. The price is: (A) fair market value, for launch property sold or exchanged; (B) the direct costs (including specific wear, tear, and property damage) the government incurs, for launch property acquired other than by sale or exchange; and (C) the direct costs (including the basic pay of government civilian and contractor staff) the government incurs, for launch or reentry services. (3) The Secretary must ensure uniform, consistent guidelines for this across all federal agencies. (c) Collection by Secretary. With the consent of the agency head who set the price, the Secretary may collect payment under this section. Collected amounts go to the Treasury. Except for excess launch property, they're credited back to the appropriation that originally paid for the property or services. (d) Collection by Other Governmental Heads. A department, agency, or instrumentality head may collect payment for an activity involved in producing a launch or reentry vehicle, or its payload, for launch or reentry — if the vehicle's or payload's owner or manufacturer agreed to that activity.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1335
  • 1998Amended · Pub. L. 105-303 · 112 Stat. 2849
  • 2010Amended · Pub. L. 111-314 · 124 Stat. 3440, 3441

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case