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Code · BILL · 114th Congress · S. 3346 (Introduced in Senate) — To authorize the programs of the National Aeronautics and Space Administration, and for other purposes. · Sec. 623

Sec. 623. Commercial space launch cooperation

578 words·~3 min read·/bill/114/s/3346/is/section-623

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Congress recognized the benefit of commercial space launch cooperation between the Federal Government and the private sector when it granted the Secretary of Defense authority to foster cooperation between the Department of Defense and certain covered entities relating to space transportation infrastructure under section 2276 of title 10, United States Code. Chapter 505 of title 51, United States Code, is amended by adding at the end the following: Notwithstanding section 50504, the Administrator— may enter into an agreement with a covered entity to provide the covered entity with support and services related to the space transportation infrastructure of the Administration— to maximize the use of the space transportation infrastructure of the Administration by the private sector in the United States; and to encourage commercial space activities by enabling investment by covered entities in the space transportation infrastructure of the Administration; and at the request of the covered entity, may include that support and services in the contracted space launch and reentry range support requirements of the Administration if— the Administrator determines that including that support and services in the requirements— is in the best interest of the Federal Government; does not interfere with the requirements of the Administration; and does not compete with the commercial space activities of other covered entities; and any commercial requirement included in the agreement has full non-Federal funding before the execution of the agreement.
The Administrator may enter into an agreement with a covered entity on a cooperative and voluntary basis to accept funds, services, and equipment to carry out the purposes in subsection (a)(1). Any funds, services, or equipment accepted by the Administrator under this subsection— may be used only for the objectives specified in this section in accordance with terms of use set forth in the agreement entered into under this subsection; and shall be managed by the Administrator in accordance with regulations promulgated under subsection (d).
An agreement entered into with a covered entity under this subsection shall— address the terms of use, ownership, and disposition of the funds, services, or equipment contributed under the agreement; and include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States. Not later than January 31 of each year, the Administrator shall submit to the appropriate committees of Congress a report on the process used to establish agreements under subsections
(a)and (b), including noticing announcements of opportunities and criteria for selecting a covered entity, and the funds, services, and equipment accepted and used by the Administrator under this section during the preceding fiscal year. The Administrator shall promulgate regulations to carry out this section. In this section: In this section, the term covered entity means— a non-Federal entity that— is organized under the laws of the United States or of any jurisdiction within the United States; and is engaged in commercial space activities; or an entity that controls, is controlled by, or is under common control with, a non-Federal entity described in subparagraph (A). The term launch support facilities has the meaning given the term in section 50501. The term space recovery support facilities has the meaning given the term in section 50501. The term space transportation infrastructure has the meaning given that term in section 50501. . The table of contents for chapter 505 of title 51, United States Code, is amended by adding after the item relating to section 50506 the following: 50507. Commercial space launch cooperation. .
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