§ 70111. — Acquiring United States Government property and services.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70111]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1335; Pub. L. 105-
303, title I, Sec. 102(a)(11), Oct. 28, 1998, 112 Stat. 2849.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
70111(a).............................. 49 App.:2614(a). Oct. 30, 1984, Pub. L. 98-575, Sec.
15(a), 98 Stat. 3060; Nov. 15, 1988,
Pub. L. 100-657, Sec. 4(a), 102 Stat.
3900; Nov. 16, 1990, Pub. L. 101-611,
Sec. 117(b), 104 Stat. 3202.
70111(b).............................. 49 App.:2614(b)(1). Oct. 30, 1984, Pub. L. 98-575, Sec.
15(b)(1), 98 Stat. 3061; Nov. 15,
1988, Pub. L. 100-657, Sec. 4(b), 102
Stat. 3901.
70111(c).............................. 49 App.:2614(b)(2), (3). Oct. 30, 1984, Pub. L. 98-575, Sec.
15(b)(2), (3), 98 Stat. 3061.
70111(d).............................. 49 App.:2614(d). Oct. 30, 1984, Pub. L. 98-575, 98 Stat.
3055, Sec. 15(d); added Nov. 15,
1988, Pub. L. 100-657, Sec. 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.
Amendments
1998--Subsec. (a)(1)(A). Pub. L. 105-303, Sec. 102(a)(11)(A),
inserted ``or reentry'' after ``launch''.
Subsec. (a)(1)(B). Pub. L. 105-303, Sec. 102(a)(11)(B), inserted
``and reentry services'' after ``launch services''.
Subsec. (a)(2). Pub. L. 105-303, Sec. 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, Sec. 102(a)(11)(E),
inserted ``or reentry'' after ``commercial launch''.
Subsec. (b)(2)(C). Pub. L. 105-303, Sec. 102(a)(11)(F), inserted
``or reentry services'' after ``launch services''.
Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(11)(G), added par. (3).
Subsec. (d). Pub. L. 105-303, Sec. 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''.
