§ 50913. Acquiring United States Government property and services

Statutory text

General Requirements and Considerations.—

The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of—

launch or reentry property of the United States Government that is excess or otherwise is not needed for public use; and

launch services and reentry services, including utilities, of the Government otherwise not needed for public use.

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.

Price.—

In this subsection, “direct costs” means the actual costs that—

can be associated unambiguously with a commercial launch or reentry effort; and

the Government would not incur if there were no commercial launch or reentry effort.

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—

acquiring launch property by sale or transaction instead of sale is the fair market value;

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

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.

The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 51 U.S.C. § 50913
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, § 70111 of title 49
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, § 70111 of title 49
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1998
Pub. L. 105–303 § 102(a)(11)(A) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50913(a)(1)(A)
Pub. L. 105–303, § 102(a)(11)(A), inserted “or reentry” after “launch”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 105–303, § 102(a)(11)(A), inserted “or reentry” after “launch”.
Enacted provision · exact public law section
(A) by inserting “or reentry” after “launch” in subsection (a)(1)(A);
1998
Pub. L. 105–303 § 102(a)(11)(B) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50913(a)(1)(B)
Pub. L. 105–303, § 102(a)(11)(B), inserted “and reentry services” after “launch services”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 105–303, § 102(a)(11)(B), inserted “and reentry services” after “launch services”.
Enacted provision · exact public law section
(B) by inserting “and reentry services” after “launch services” in subsection (a)(1)(B);
1998
Pub. L. 105–303 § 102(a)(11)(C) · 112 Stat. 2843
1. Inserted · 51 U.S.C. § 50913(a)(2)
  Pub. L. 105–303, § 102(a)(11)(C), (D), inserted “or reentry services” after “or launch services”
2. Substituted · 51 U.S.C. § 50913(a)(2)
  Pub. L. 105–303, § 102(a)(11)(C), (D), substituted “source, whether such source is located on or off a Federal range” for “source”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(C) by inserting “or reentry services” after “or launch services” in subsection (a)(2);
1998
Pub. L. 105–303 § 102(a)(11)(E) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50913(b)(1)(A); 51 U.S.C. § 50913(b)(1)(B)
Pub. L. 105–303, § 102(a)(11)(E), inserted “or reentry” after “commercial launch”
Source evidence
Code amendment note
Subsec. (b)(1)(A), (B). Pub. L. 105–303, § 102(a)(11)(E), inserted “or reentry” after “commercial launch”.
Enacted provision · exact public law section
(E) by inserting “or reentry” after “commercial launch” both places it appears in subsection (b)(1);
1998
Pub. L. 105–303 § 102(a)(11)(F) · 112 Stat. 2843
Inserted · 51 U.S.C. § 50913(b)(2)(C)
Pub. L. 105–303, § 102(a)(11)(F), inserted “or reentry services” after “launch services”
Source evidence
Code amendment note
Subsec. (b)(2)(C). Pub. L. 105–303, § 102(a)(11)(F), inserted “or reentry services” after “launch services”.
Enacted provision · exact public law section
(F) by inserting “or reentry services” after “launch services” in subsection (b)(2)(C);
1998
Pub. L. 105–303 § 102(a)(11)(G) · 112 Stat. 2843
Added · 51 U.S.C. § 50913(b)(3)
Pub. L. 105–303, § 102(a)(11)(G), added par. (3)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 105–303, § 102(a)(11)(G), added par. (3).
Enacted provision · exact public law section
(G) by inserting after subsection (b)(2) the following new paragraph: “(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies”;
1998
Pub. L. 105–303 § 102(a)(11)(H) · 112 Stat. 2843
1. Substituted · 51 U.S.C. § 50913(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”
2. Inserted · 51 U.S.C. § 50913(d)
  Pub. L. 105–303, § 102(a)(11)(H), (I), inserted “, reentry vehicle,” after “manufacturer of the launch vehicle”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(H) by striking “or its payload for launch” in subsection (d) and inserting in lieu thereof “or reentry vehicle, or the payload of either, for launch or reentry”; and
2010
Pub. L. 111–314 § 4(d)(2) · 124 Stat. 3328
Changed · 51 U.S.C. § 50913
Pub. L. 111–314 successively renumbered section 70111 of title 49 and section 70111 of this title as this section
Source evidence
Code amendment note
Pub. L. 111–314 successively renumbered section 70111 of title 49 and section 70111 of this title as this section.
Enacted provision · exact public law section
(2) Renumbering and transfer of chapters.— Chapters 701 and 703 of title 49, United States Code, are renumbered as chapters 509 and 511, respectively, of title 51, United States Code, and 51 USC 70101–70121, 70301–70305. transferred so as to appear after chapter 507 of title 51, United States Code, as enacted by section 3 of this Act.

11 of 11 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	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.

Editorial Notes

Amendments1998–2010 · 2 rounds

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”.

Credits

1994–2010 · 3 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, § 70111 of title 49
1998Pub. L. 105–303, title I, § 102(a)(11), Oct. 28, 1998, 112 Stat. 2849
2010renumbered § 70111 then § 50913 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(M), Dec. 18, 2010, 124 Stat. 3440, 3441.

Show as published

(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.)