51 U.S.C. § 50134 — Use of excess intercontinental ballistic missiles
submitted 16 years ago by Pub. L. 111-314 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 326 words · no verdicts yet
The Government generally may not convert specified excess intercontinental ballistic missiles into space vehicles or transfer them. It may do so only after a certification showing cost savings, mission compliance, and consistency with international obligations, with Defense approval, subject to an immediate-security exception.
(a) The Federal Government may not: (1) convert a missile described in subsection (c) into a space-transportation vehicle; or (2) transfer ownership of one, except as subsection (b) allows.
(b)(1) The Government may convert such a missile if the agency seeking to use it sends the listed congressional committees, at least 30 days beforehand, a certification that: (A) doing so saves money compared with buying United States commercial services; (B) it meets the agency’s performance, schedule, risk, and other mission requirements; (C) it is consistent with United States international obligations; and (D) the Secretary of Defense or designee approves it.
(b)(2) The 30-day requirement does not apply if the Secretary of Defense finds that meeting it would conflict with immediate national-security needs.
(c) The missiles are United States-owned missiles that: (1) the Defense Department formerly used as intercontinental ballistic missiles for national defense; and (2) have been declared excess to national-defense needs and comply with United States international obligations.
The Federal Government shall not—
convert any missile described in subsection (c) to a space transportation vehicle* configuration; or
transfer ownership of any such missile to another person, except as provided in subsection (b).
A missile described in subsection (c) may be converted for use as a space transportation vehicle by the Federal Government if, except as provided in paragraph (2) and at least 30 days before such conversion, the agency seeking to use the missile as a space transportation vehicle transmits to the Committee on Armed Services and the Committee on Science and Technology of the House of Representatives, and to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, a certification that the use of such missile—
would result in cost savings to the Federal Government when compared to the cost of acquiring space transportation services* from United States commercial providers;
meets all mission requirements of the agency, including performance, schedule, and risk requirements;
is consistent with international obligations of the United States; and
is approved by the Secretary of Defense or the designee of the Secretary of Defense.
The requirement under paragraph (1) that the certification described in that paragraph must be transmitted at least 30 days before conversion of the missile shall not apply if the Secretary of Defense determines that compliance with that requirement would be inconsistent with meeting immediate national security requirements.
The missiles referred to in this section are missiles owned by the United States that—
were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and
have been declared excess to United States national defense needs and are in compliance with international obligations of the United States.
Source credit: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.)
- 2010Enacted · Pub. L. 111-314 · 124 Stat. 3400
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-314 on 2010-12-18.
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