51 U.S.C. § 50504 — Use of Government facilities
submitted 16 years ago by Pub. L. 111-314 to r/title-51-NATIONAL-AND-COMMERCIAL-SPACE-PROGRAMS · 241 words · no verdicts yet
Federal agencies may let outside groups use their space-related facilities for a fee, if five conditions are met. The fee covers the government's direct costs, and payments go back into the paying account.
(a) Authority.
(1) In general. Federal agencies — including NASA and the Department of Defense — may allow non-federal entities to use their space-related facilities, for a reimbursement fee, if the Administrator*, Secretary of Defense, or other appropriate agency* head decides all five of these are true: (A) the facilities will support commercial* space activities; (B) existing or planned federal resources can support this use; (C) the use fits with federal activities; (D) no equivalent commercial services are available on reasonable terms; and (E) the use fits with public safety, national security, and international treaty obligations.
(2) Consultation. When checking condition (E), each agency head must consult with the right federal officials.
(b) Reimbursement Payment.
(1) Amount. The reimbursement may equal the direct costs — including salaries of U.S. civilian and contractor staff — that the government incurs because of private-sector use of the facilities. "Direct costs" here means costs clearly tied to that use, which the government wouldn't otherwise pay.
(2) Credit to appropriation. Any payment the government receives for facility use under this subsection goes back into the appropriation account that originally paid for the facilities.
Federal agencies, including the Administration* and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator*, the Secretary of Defense, or the appropriate agency* head determines that—
the facilities will be used to support commercial* space activities;
such use can be supported by existing or planned Federal resources;
such use is compatible with Federal activities;
equivalent commercial services are not available on reasonable terms; and
such use is consistent with public safety, national security, and international treaty obligations.
In carrying out paragraph (1)(E), each agency head shall consult with appropriate Federal officials.
The reimbursement referred to in subsection (a) may be an amount equal to the direct costs (including salaries of United States* civilian and contractor personnel) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term “direct costs” means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use.
The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid.
Source credit: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3406.)
- 2010Enacted · Pub. L. 111-314 · 124 Stat. 3406
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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