I 112th CONGRESS 2d Session H. R. 4401 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.

1.

Short title

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

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:

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).