2019 US Code
Title 51 - National and Commercial Space Programs
Subtitle V - Programs Targeting Commercial Opportunities
Chapter 501 - Space Commerce
Subchapter III - Federal Acquisition of Space Transportation Services
Sec. 50134 - Use of excess intercontinental ballistic missiles

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Citation 51 U.S.C. § 50134 (2019)
Section Name §50134. Use of excess intercontinental ballistic missiles
Section Text

(a) In General.—The Federal Government shall not—

(1) convert any missile described in subsection (c) to a space transportation vehicle configuration; or

(2) transfer ownership of any such missile to another person, except as provided in subsection (b).


(b) Authorized Federal Uses.—

(1) In general.—A missile described in subsection (c) may be converted for use as a space transportation vehicle by the Federal Government if, except as provided in paragraph (2) and at least 30 days before such conversion, the agency seeking to use the missile as a space transportation vehicle 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 from United States commercial providers;

(B) meets all mission requirements of the agency, including performance, schedule, and risk requirements;

(C) is consistent with international obligations of the United States; and

(D) is approved by the Secretary of Defense or the designee of the Secretary of Defense.


(2) Exception to requirement that certification be transmitted 30 days before conversion.—The requirement under paragraph (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 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 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 national defense needs and are in compliance with international obligations of the United States.

Source Credit

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

Editorial Notes
Historical and Revision Notes
Revised SectionSource (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).

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.

Publication Title United States Code, 2018 Edition, Supplement 1, Title 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 51 - NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subtitle V - Programs Targeting Commercial Opportunities
CHAPTER 501 - SPACE COMMERCE
SUBCHAPTER III - FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 50134 - Use of excess intercontinental ballistic missiles
Contains section 50134
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 112 Stat. 2857
113 Stat. 775
124 Stat. 3400
Public Law References Public Law 105-303, Public Law 106-65, Public Law 111-314
Congressional Bills H. Res.6 110th Congress, H. Res.5 112th Congress
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