118 S2232 IS: Enhancing Spaceport Operations Act U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II118th CONGRESS1st SessionS. 2232IN THE SENATE OF THE UNITED STATESJuly 11, 2023Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo provide special authority for the provision of commercial space launch support services.
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
(a)
In general
Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section:
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..