51 U.S.C. § 50134: Use of excess intercontinental ballistic missiles

convert any missile described in subsection (c) to a space transportation vehicle configuration; or transfer ownership of any such missile to another person, except as provided in subsection (b). would result in cost savings to the Federal Government when compared to the cost of acquiring space transportation services from United States commercial providers; meets all mission requirements of the agency, including performance, schedule, and risk requirements; is consistent with international obligations of the United States; and is approved by the Secretary of Defense or the designee of the Secretary of Defense. 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. were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and have been declared excess to United States national defense needs and are in compliance with international obligations of the United States.