51 U.S.C. § 50505 — Test 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 the contract were not terminated. (3) USE OF FUNDS.—Subject to appropria- tions, funds available for such termination li- ability payments may be used for purchase of the good or service upon successful delivery of the good or service pursuant to the contract. In such case, sufficient funds shall remain available to cover any remaining termination liability. (c) LIMITATIONS.— (1) DURATION.—Contracts entered into under this section shall not exceed 10 years in dura- tion. (2) FIXED PRICE.—Such contracts shall pro- vide for delivery of the good or service on a firm, fixed price basis. (3) PERFORMANCE SPECIFICATIONS.—To the ex- tent practicable, reasonable performance spec- ifications shall be used to define technical re- quirements in such contracts. (4) FAILURE TO PERFORM.—In any such con- tract, the appropriate Administrator shall re- serve the right to completely or partially ter- minate the contract without payment of such termination liability because of the contrac- tor’s actual or anticipated failure to perform its contractual obligations. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3405.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50503 .......... 15 U.S.C. 5806. Pub. L. 102–588, title V, § 507, Nov. 4, 1992, 106 Stat. 5127. § 50504. Use of Government facilities (a) AUTHORITY.— (1) IN GENERAL.—Federal agencies, including the Administration and the Department of De- fense, 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 deter- mines 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 ac- tivities; (D) equivalent commercial services are not available on reasonable terms; and (E) such use is consistent with public safe- ty, national security, and international trea- ty obligations. (2) CONSULTATION.—In carrying out para- graph (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) in- curred 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 ‘‘di- rect costs’’ means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Gov- ernment 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3406.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50504 .......... 15 U.S.C. 5807. Pub. L. 102–588, title V, § 508, Nov. 4, 1992, 106 Stat. 5128. § 50505. Test facilities (a) CHARGES.—The Administrator shall estab- lish a policy of charging users of the Adminis- tration’s test facilities for the costs associated with their tests at a level that is competitive with alternative test facilities. The Adminis- trator shall not implement a policy of seeking full cost recovery for a facility until at least 30 days after transmitting a notice to the Com- mittee on Science and Technology of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate. Page 115 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50702 (b) FUNDING ACCOUNT.—In planning and budg- eting, the Administrator shall establish a fund- ing account that shall be used for all test facili- ties. The account shall be sufficient to maintain the viability of test facilities during periods of low utilization. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3407.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50505 .......... 42 U.S.C. 16634. Pub. L. 109–155, title II, § 205, Dec. 30, 2005, 119 Stat. 2916. This section restates provisions originally enacted as part of the National Aeronautics and Space Adminis- tration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895), and not as part of title V of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (Public Law 102–588, 106 Stat. 5107), which is generally restated in this chapter. In subsection (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 Reso- lution 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. § 50506. Commercial Space Achievement Award (a) ESTABLISHMENT.—There is established a Commercial Space Achievement Award. The award shall consist of a medal, which shall be of such design and materials and bear such inscrip- tions as determined by the Secretary of Com- merce. A cash prize may also be awarded if fund- ing for the prize is available under subsection (d). (b) CRITERIA FOR AWARD.—The Secretary of Commerce shall periodically make awards under this section to individuals, corporations, cor- porate divisions, or corporate subsidiaries sub- stantially engaged in commercial space activi- ties that in the opinion of the Secretary of Com- merce best meet the following criteria: (1) NON-GOVERNMENTAL REVENUE.—For cor- porate entities, at least half of the revenues from the space-related activities of the cor- poration, division, or subsidiary is derived from sources other than the United States Government. (2) SUBSTANTIAL CONTRIBUTION.—The activi- ties and achievements of the individual, cor- poration, division, or subsidiary have substan- tially contributed to the United States gross national product and the stature of United States industry in international markets, with due consideration for both the economic mag- nitude and the technical quality of the activi- ties and achievements. (3) SUBSTANTIAL ADVANCEMENT OF TECH- NOLOGY.—The individual, corporation, divi- sion, or subsidiary has substantially advanced space technology and space applications di- rectly related to commercial space activities. (c) LIMITATIONS.—No individual or corporate entity may receive an award under this section more than once every 5 years. (d) FUNDING FOR AWARD.—The Secretary of Commerce may seek and accept gifts of money from public and private sources for the purpose of making cash prize awards under this section. Such money may be used only for that purpose, and only such money may be used for that pur- pose. The Secretary of Commerce shall make publicly available an itemized list of the sources of such funding. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3407.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50506 .......... 15 U.S.C. 5808. Pub. L. 102–588, title V, § 510, Nov. 4, 1992, 106 Stat. 5129. In subsection (b), in the matter before paragraph (1), the words ‘‘The Secretary of Commerce shall periodi- cally make awards’’ are substituted for ‘‘The Secretary of Commerce shall periodically make, and the Chair- man of the National Space Council shall present, awards’’ to eliminate obsolete language. The reference to the Chairman of the National Space Council is obso- lete because the National Space Council (established by section 501 of the National Aeronautics and Space Ad- ministration Authorization Act, Fiscal Year 1989 (Pub- lic Law 100–685, 102 Stat. 4102)) has not functioned or been staffed since 1993. CHAPTER 507—OFFICE OF SPACE COMMERCE Sec. 50701. Definition of Office. 50702. Establishment. 50703. Annual report. Editorial Notes AMENDMENTS 2015—Pub. L. 114–90, title III, § 301(a)(1), Nov. 25, 2015, 129 Stat. 720, substituted ‘‘COMMERCE’’ for ‘‘COM- MERCIALIZATION’’ in chapter heading. § 50701. Definition of Office In this chapter, the term ‘‘Office’’ means the Office of Space Commerce established in section 50702 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408; Pub. L. 114–90, title III, § 301(b), Nov. 25, 2015, 129 Stat. 720.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 50701 .......... (no source) A chapter-wide definition for the term ‘‘Office’’ is added for clarity and convenience. Editorial Notes AMENDMENTS 2015—Pub. L. 114–90 substituted ‘‘Commerce’’ for ‘‘Commercialization’’. § 50702. Establishment (a) IN GENERAL.—There is established within the Department of Commerce an Office of Space Commerce.