S2232-118

1. Short title This Act may be cited as the Enhancing Spaceport Operations Act.

2. Special authority for provision of commercial space launch support services Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section: The Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. The Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. The Secretary may not delegate the authority provided in subparagraph (A). A contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. A contract entered into, or a transaction conducted, under paragraph (1) may— include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. Amounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. The Secretary shall promulgate regulations to carry out this subsection. In this section: The term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. The terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States. The table of sections for chapter 135 of title 10, United States Code, is amended by inserting after the item relating to section 2276 the following: 2276a.Special authority for provision of commercial space launch support services(a)In generalThe Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services.(b)Provision of launch equipment and services to commercial entities(1)Agreement authority(A)In generalThe Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch.(B)NondelegationThe Secretary may not delegate the authority provided in subparagraph (A). (2)Agreement costs(A)Direct costsA contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction.(B)Indirect costsA contract entered into, or a transaction conducted, under paragraph (1) may—(i)include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and(ii)provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable.(3)Retention of funds collected from commercial usersAmounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred.(4)RegulationsThe Secretary shall promulgate regulations to carry out this subsection.(c)DefinitionsIn this section:(1)Space launchThe term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle.(2)Commercial entity; commercialThe terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.. 2276a. Special authority for provision of commercial space launch support services..

2276a. Special authority for provision of commercial space launch support services The Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. The Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. The Secretary may not delegate the authority provided in subparagraph (A). A contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. A contract entered into, or a transaction conducted, under paragraph (1) may— include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. Amounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. The Secretary shall promulgate regulations to carry out this subsection. In this section: The term space launch includes all activities, supplies, equipment, facilities, and services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for the payload and the space transportation vehicle. The terms commercial entity and commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States.