Ms. BRUSHBECK, for herself, and with thanks to Mr. POSEY, submits
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).
- Quote:
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Plain English Summary: Authorizes the Secretary of Defense, in order to assist the Secretary of Transportation (DOT) with respect to private-sector involvement in commercial space activities and public-private partnerships pertaining to space transportation infrastructure (STI), to:
(1) maximize the use of Department of Defense (DOD) STI by the private sector,
(2) maximize the effectiveness and efficiency of the DOD STI,
(3) reduce the cost of STI services provided by DOD,
(4) encourage commercial space activities by enabling investment in the DOD STI by non-federal entities engaged in commercial space activities, and
(5) foster cooperation between DOD and such entities.
Establishes the Defense Cooperation Space Launch Account for such purposes.
Requires an annual report from the Secretary to the congressional defense and appropriations committees on funds and equipment accepted and used for such purposes.