§ 50134 — Use Of Excess Intercontinental Ballistic Missiles

(a) 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). (1) 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) 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) 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.