---
kind: "section"
citation: "51 U.S.C. § 50913"
title: "51"
title_heading: "National and Commercial Space Programs"
number: "50913"
heading: "Acquiring United States Government property and services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/51/50913"
units:
  - "Subtitle V — Programs Targeting Commercial Opportunities"
  - "Chapter 509 — Commercial Space Launch Activities"
---

# §50913. Acquiring United States Government property and services

- (a) **General Requirements and Considerations.—**
  - (1) The [Secretary](/usc/51/50301.md?p=5) of Transportation shall facilitate and encourage the acquisition by the private sector and [State](/usc/51/50101.md?p=6) governments of—
    - (A) [launch](/usc/51/50501.md?p=5) or reentry property of the [United States](/usc/51/50501.md?p=14) Government that is excess or otherwise is not needed for public use; and
    - (B) [launch services](/usc/51/50501.md?p=6) and [reentry services](/usc/51/50902.md?p=17), including utilities, of the Government otherwise not needed for public use.
  - (2) In acting under paragraph (1) of this subsection, the [Secretary](/usc/51/50301.md?p=5) shall consider the [commercial](/usc/51/50501.md?p=3) availability on reasonable terms of substantially equivalent [launch property](/usc/51/50902.md?p=8) or [launch services](/usc/51/50501.md?p=6) or [reentry services](/usc/51/50902.md?p=17) 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](/usc/51/50501.md?p=3) [launch](/usc/51/50501.md?p=5) or reentry effort; and
    - (B) the Government would not incur if there were no [commercial](/usc/51/50501.md?p=3) [launch](/usc/51/50501.md?p=5) or reentry effort.
  - (2) In consultation with the [Secretary](/usc/51/50301.md?p=5), the head of the executive [agency](/usc/51/50501.md?p=1) providing the property or service under [subsection (a)](#a) of this section shall establish the price for the property or service. The price for—
    - (A) acquiring [launch property](/usc/51/50902.md?p=8) by sale or transaction instead of sale is the fair market value;
    - (B) acquiring [launch property](/usc/51/50902.md?p=8) (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](/usc/51/50501.md?p=6) or [reentry services](/usc/51/50902.md?p=17) 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](/usc/51/50301.md?p=5) shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal [agencies](/usc/51/50501.md?p=1).
- (c) **Collection by Secretary.—** The [Secretary](/usc/51/50301.md?p=5) may collect a payment under this section with the consent of the head of the executive [agency](/usc/51/50501.md?p=1) establishing the price. Amounts collected under this subsection shall be deposited in the Treasury. Amounts (except for excess [launch property](/usc/51/50902.md?p=8)) 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](/usc/51/50501.md?p=1), or instrumentality of the Government may collect a payment for an activity involved in producing a [launch vehicle](/usc/51/50501.md?p=8) or [reentry vehicle](/usc/51/50902.md?p=19), or the [payload](/usc/51/50101.md?p=2) of either, for [launch](/usc/51/50501.md?p=5) or reentry if the activity was agreed to by the owner or manufacturer of the [launch vehicle](/usc/51/50501.md?p=8), [reentry vehicle](/usc/51/50902.md?p=19), or [payload](/usc/51/50101.md?p=2).

## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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

### Amendments

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”.