---
kind: "section"
citation: "51 U.S.C. § 50134"
title: "51"
title_heading: "National and Commercial Space Programs"
number: "50134"
heading: "Use of excess intercontinental ballistic missiles"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/51/50134"
units:
  - "Subtitle V — Programs Targeting Commercial Opportunities"
  - "Chapter 501 — Space Commerce"
  - "Subchapter III — Federal Acquisition of Space Transportation Services"
---

# §50134. Use of excess intercontinental ballistic missiles

- (a) **In General.—** The Federal Government shall not—
  - (1) convert any missile described in [subsection (c)](#c) to a [space transportation vehicle](/usc/51/50101.md?p=5) configuration; or
  - (2) transfer ownership of any such missile to another [person](/usc/51/50902.md?p=15), except as provided in [subsection (b)](#b).
- (b) **Authorized Federal Uses.—**
  - (1) **In general.—** A missile described in [subsection (c)](#c) may be converted for use as a [space transportation vehicle](/usc/51/50101.md?p=5) by the Federal Government if, except as provided in [paragraph (2)](#b-2) and at least 30 days before such conversion, the [agency](/usc/51/50501.md?p=1) seeking to use the missile as a [space transportation vehicle](/usc/51/50101.md?p=5) 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—
    - (A) would result in cost savings to the Federal Government when compared to the cost of acquiring [space transportation services](/usc/51/50101.md?p=4) from [United States commercial providers](/usc/51/50101.md?p=7);
    - (B) meets all mission requirements of the [agency](/usc/51/50501.md?p=1), including performance, schedule, and risk requirements;
    - (C) is consistent with international obligations of the [United States](/usc/51/50501.md?p=14); and
    - (D) is approved by the [Secretary](/usc/51/50301.md?p=5) of Defense or the designee of the [Secretary](/usc/51/50301.md?p=5) of Defense.
  - (2) **Exception to requirement that certification be transmitted 30 days before conversion.—** The requirement under [paragraph (1)](#b-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](/usc/51/50301.md?p=5) of Defense determines that compliance with that requirement would be inconsistent with meeting immediate national security requirements.
- (c) **Missiles Referred to.—** The missiles referred to in this section are missiles owned by the [United States](/usc/51/50501.md?p=14) that—
  - (1) were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and
  - (2) have been declared excess to [United States](/usc/51/50501.md?p=14) national defense needs and are in compliance with international obligations of the [United States](/usc/51/50501.md?p=14).

## Source credit

(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 50134 | 42 U.S.C. 14734. | Pub. L. 105–303, title II, § 205, Oct. 28, 1998, 112 Stat. 2857; Pub. L. 106–65, div. A, title X, § 1067(21), Oct. 5, 1999, 113 Stat. 775. |

In subsection (b)(1), in the matter before subparagraph (A), the words “Committee on Science and Technology” are substituted for “Committee on Science” on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.