[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3269-S3270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6064. Mr. LUJAN submitted an amendment intended to be proposed by 
him to the bill S. 4784, to authorize appropriations for fiscal year 
2027 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XV, add the following:

     SEC. 1510A. MODIFICATION OF SPECIAL AUTHORITY FOR PROVISION 
                   OF SPACE LAUNCH SUPPORT SERVICES TO INCREASE 
                   SPACE LAUNCH CAPACITY.

       Section 2276a(b) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(C) Marginal-cost billing.--
       ``(i) In general.--In a covered circumstance, the Secretary 
     of a military department shall apply marginal-cost billing as 
     the exclusive method of cost recovery in lieu of the 
     application of subparagraphs (A) and (B), and shall direct 
     each installation to define and document the marginal costs 
     attributable to the particular operation concerned.
       ``(ii) Limitation.--Marginal costs recoverable under this 
     subparagraph--

       ``(I) shall be limited to the incremental costs actually 
     incurred in providing coordination and integration services, 
     including airspace coordination, safety integration, and 
     deconfliction services; and
       ``(II) shall exclude any allocation of fixed overhead, 
     capital investment, or costs that would be incurred absent 
     the operations of the commercial entity concerned.

       ``(iii) Definitions.--In this subparagraph:

       ``(I) Adjacent.--The term `adjacent', with respect to an 
     operation of a commercial entity relative to a military 
     installation--

       ``(aa) means that--
       ``(AA) the launch or reentry operations of the commercial 
     entity are conducted at a facility that is not located on the 
     military installation but for which the military installation 
     provides the airspace coordination, safety integration, or 
     spectrum deconfliction services necessary for the safe 
     conduct of such operation; and
       ``(BB) the dependency of such operation on the military 
     installation is limited to such services; and
       ``(bb) does not mean proximity alone.

       ``(II) Covered circumstance.--The term `covered 
     circumstance' means a circumstance in which--

       ``(aa) a commercial entity conducts an operation adjacent 
     to a military installation;
       ``(bb) the demand on the military installation as a result 
     of such operation is limited to coordination and integration 
     services, including--
       ``(AA) airspace coordination;
       ``(BB) safety integration; and
       ``(CC) deconfliction; and
       ``(cc) such operation does not--
       ``(AA) displace or delay any military operation; or

[[Page S3270]]

       ``(BB) reasonably require material increases in 
     infrastructure, personnel, or capital investment at the 
     military installation.''.
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