[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2232 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2232

  To provide special authority for the provision of commercial space 
                        launch support services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2023

   Mr. Rubio introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To provide special authority for the provision of commercial space 
                        launch support services.

    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 ``Enhancing Spaceport Operations 
Act''.

SEC. 2. SPECIAL AUTHORITY FOR PROVISION OF COMMERCIAL SPACE LAUNCH 
              SUPPORT SERVICES.

    (a) In General.--Chapter 135 of title 10, United States Code, is 
amended by inserting after section 2276 the following new section:
``Sec. 2276a. Special authority for provision of commercial space 
              launch support services
    ``(a) In General.--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.
    ``(b) Provision of Launch Equipment and Services to Commercial 
Entities.--
            ``(1) Agreement authority.--
                    ``(A) In general.--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.
                    ``(B) Nondelegation.--The Secretary may not 
                delegate the authority provided in subparagraph (A).
            ``(2) Agreement costs.--
                    ``(A) Direct costs.--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.
                    ``(B) Indirect costs.--A 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 users.--
        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.
            ``(4) Regulations.--The Secretary shall promulgate 
        regulations to carry out this subsection.
    ``(c) Definitions.--In this section:
            ``(1) Space launch.--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.
            ``(2) Commercial entity; commercial.--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.''.
    (b) Clerical Amendment.--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.''.
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