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(a) |
General
requirements and considerations.— |
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(1) |
The Secretary of Transportation shall
facilitate and encourage the acquisition by the private sector and State
governments of—
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(A)
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launch
property of the United States Government that is excess or otherwise is not needed
for public use; and
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(B)
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launch
services, including utilities, of the Government otherwise not needed for
public use.
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(2)
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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 from a domestic source.
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(b) |
Price.— |
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(1) |
In this subsection, "direct costs" means the
actual costs that—
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(A)
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can be
associated unambiguously with a commercial launch effort; and
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(B)
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the
Government would not incur if there were no commercial launch effort.
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(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—
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(A)
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acquiring
launch property by sale or transaction instead of sale is the fair market
value;
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(B)
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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
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(C)
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launch
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.
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(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.
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(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 its payload for launch if the
activity was agreed to by the owner or manufacturer of the launch vehicle or
payload.
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