[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4401 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4401

 To direct the Secretary of Defense to work with non-Federal entities 
 and accept non-Federal funding under strict implementation guidelines 
 to promote efficiencies of the space transportation infrastructure of 
       the Department of Defense in commercial space activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2012

  Mr. Posey introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to work with non-Federal entities 
 and accept non-Federal funding under strict implementation guidelines 
 to promote efficiencies of the space transportation infrastructure of 
       the Department of Defense in commercial space activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revitalizing America's Commercial 
Entrepreneurs for Space Act'' or the ``RACE for Space Act''.

SEC. 2. COMMERCIAL SPACE LAUNCH COOPERATION.

    (a) In General.--Chapter 135 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2275. Commercial space launch cooperation.
    ``(a) Authority.--The Secretary of Defense may, to assist the 
Secretary of Transportation in carrying out responsibilities set forth 
in titles 49 and 51 with respect to private sector involvement in 
commercial space activities and public-private partnerships pertaining 
to space transportation infrastructure, take such actions as the 
Secretary considers to be in the best interest of the Federal 
Government to do the following:
            ``(1) Maximize the use of the capacity of the space 
        transportation infrastructure of the Department of Defense by 
        the private sector in the United States.
            ``(2) Maximize the effectiveness and efficiency of the 
        space transportation infrastructure of the Department of 
        Defense.
            ``(3) Reduce the cost of services provided by the 
        Department of Defense related to space transportation 
        infrastructure at launch support facilities and space recovery 
        support facilities.
            ``(4) Encourage commercial space activities by enabling 
        investment in the space transportation infrastructure of the 
        Department of Defense by covered entities.
            ``(5) Foster cooperation between the Department of Defense 
        and covered entities.
    ``(b) Authority for Contract and Other Agreement Relating to Space 
Transportation Infrastructure.--The Secretary of Defense--
            ``(1) may enter into a contract or other agreement with a 
        covered entity to provide to the covered entity support and 
        services related to the space transportation infrastructure of 
        the Department of Defense; and
            ``(2) upon the request of that covered entity, may include 
        such support and services in the space launch and reentry range 
        support requirements of the Department of Defense if--
                    ``(A) the Secretary determines that the inclusion 
                of such support and services in such requirements--
                            ``(i) is in the best interest of the 
                        Federal Government;
                            ``(ii) does not interfere with the 
                        requirements of the Department of Defense; and
                            ``(iii) does not compete with the 
                        commercial space activities of other covered 
                        entities, unless that competition is in the 
                        national security interests of the United 
                        States; and
                    ``(B) any commercial requirement included in a 
                contract or other agreement entered into under this 
                subsection has full non-Federal funding before the 
                execution of the contract or other agreement.
    ``(c) Contributions.--
            ``(1) In general.--The Secretary of Defense may enter into 
        contracts or other agreements with covered entities on a 
        cooperative and voluntary basis to accept contributions of 
        funds, services, and equipment to carry out this section.
            ``(2) Use of contributions.--Any funds, services, or 
        equipment accepted by the Secretary under this subsection--
                    ``(A) may be used only for the objectives specified 
                in this section in accordance with terms of use set 
                forth in the contract or other agreement entered into 
                under this subsection; and
                    ``(B) shall be managed by the Secretary in 
                accordance with regulations of the Department of 
                Defense.
            ``(3) Requirements with respect to agreements.--A contract 
        or other agreement entered into under this subsection shall 
        address the terms of use, ownership and disposition of the 
        funds, and services or equipment contributed pursuant to the 
        contract or other agreement.
    ``(d) Defense Cooperation Space Launch Account.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a special account to be known as the 
        `Defense Cooperation Space Launch Account'.
            ``(2) Crediting of funds.--Funds received by the Secretary 
        of Defense under subsection (c) shall be credited to the 
        Defense Cooperation Space Launch Account and shall be available 
        until expended without further authorization or appropriation 
        only for the objectives specified in this section.
    ``(e) Annual Report.--Not later than January 31 of each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the funds and equipment accepted and used by the 
Secretary under this section during the previous fiscal year.
    ``(f) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means a 
        non-Federal entity that--
                    ``(A) is organized under the laws of the United 
                States or of any jurisdiction within the United States; 
                and
                    ``(B) is engaged in commercial space activities.
            ``(2) Launch support facilities.--The term `launch support 
        facilities' has the meaning given that term in section 50501(7) 
        of title 51.
            ``(3) Space recovery support facilities.--The term `space 
        recovery support facilities' has the meaning given that term in 
        section 50501(11) of title 51.
            ``(4) Space transportation infrastructure.--The term `space 
        transportation infrastructure' has the meaning given that term 
        in section 50501(12) of title 51.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2275. Commercial space launch cooperation.''.
    (c) Regulations.--The Secretary of Defense shall prescribe 
regulations relating to the activities of the Department of Defense 
under section 2275 of title 10, United States Code, as added by 
subsection (a).
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