49 U.S.C. § 70111 : US Code - Section 70111: Acquiring United States Government property and services

Search 49 U.S.C. § 70111 : US Code - Section 70111: 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.