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51 U.S.C. § 50504 — Use of Government facilities

Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 50504 — Use of Government facilities

**(a) Authority.—** (1) **In general.—** — Federal agencies, including the Administration and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that— (A) the facilities will be used to support commercial space activities; (B) such use can be supported by existing or planned Federal resources; (C) such use is compatible with Federal activities; (D) equivalent commercial services are not available on reasonable terms; and (E) such use is consistent with public safety, national security, and international treaty obligations. (2) **Consultation.—** — In carrying out paragraph (1)(E), each agency head shall consult with appropriate Federal officials. **(b) Reimbursement Payment.—** (1) **Amount.—** — The reimbursement referred to in subsection (a) may be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term “direct costs” means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use. (2) **Credit to appropriation.—** — The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid.

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Stable record: federal_law:legal_authorities:record_usc_94ea4e1d81a15a7c4059e813
Source file: Laws/federal/codes/united-states-code/title-51/section-50504-use-of-government-facilities--335e6ba4b9.md
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Source location: Title 51, Chapter 505, § 50504; chapter-505-commercial-space-competitiveness.md

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**(a) Authority.—** (1) **In general.—** — Federal agencies, including the Administration and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that— (A) the facilities will be used to support commercial space activities; (B) such use can be supported by existing or planned Federal resources; (C) such use is compatible with Federal activities; (D) equivalent commercial services are not available on reasonable terms; and (E) such use is consistent with public safety, national security, and international treaty obligations. (2) **Consultation.—** — In carrying out paragraph (1)(E), each agency head shall consult with appropriate Federal officials. **(b) Reimbursement Payment.—** (1) **Amount.—** — The reimbursement referred to in subsection (a) may be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term “direct costs” means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use. (2) **Credit to appropriation.—** — The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 5805 to 5808 — Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444

### Statutory Notes Section 5805, Pub. L. 102–588, title V, § 506, Nov. 4, 1992, 106 Stat. 5127, related to identification of launch support facilities. Section 5806, Pub. L. 102–588, title V, § 507, Nov. 4, 1992, 106 Stat. 5127, related to anchor tenancy and termination liability. See [section 50503 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section50503&num=0&edition=prelim), National and Commercial Space Programs. Section 5807, Pub. L. 102–588, title V, § 508, Nov. 4, 1992, 106 Stat. 5128, related to use of Government facilities. See [section 50504 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section50504&num=0&edition=prelim). Section 5808, Pub. L. 102–588, title V, § 510, Nov. 4, 1992, 106 Stat. 5129, related to Commercial Space Achievement Award. See [section 50506 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section50506&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 50504 — Use of Government facilities

Page 114 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50503 In subsection (a), the words ‘‘to become effective Oc- tober 1, 1993’’, which appeared at the end, are omitted as obsolete. § 50503. Anchor tenancy and termination liability (a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Administrator or the Ad- ministrator of the National Oceanic and Atmos- pheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a good or service if the appropriate Administrator determines that— (1) the good or service meets the mission re- quirements of the Administration or the Na- tional Oceanic and Atmospheric Administra- tion, as appropriate; (2) the commercially procured good or serv- ice is cost effective; (3) the good or service is procured through a competitive process; (4) existing or potential customers for the good or service other than the United States Government have been specifically identified; (5) the long-term viability of the venture is not dependent upon a continued Government market or other nonreimbursable Government support; and (6) private capital is at risk in the venture. (b) TERMINATION LIABILITY.— (1) IN GENERAL.—Contracts entered into under subsection (a) may provide for the pay- ment of termination liability in the event that the Government terminates such contracts for its convenience. (2) FIXED SCHEDULE OF PAYMENTS AND LIMITA- TION ON LIABILITY.—Contracts that provide for the payment of termination liability, as de- scribed in paragraph (1), shall include a fixed schedule of such termination liability pay- ments. Liability under such contracts shall not exceed the total payments which the Gov- ernment would have made after the date of termination to purchase the good or service if

Source: Supplied 2024 U.S. Code historical extraction · 51 U.S.C. § 50504

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