Sec. 1602. Enhanced authority to increase space launch capacity through space launch support services
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Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section: The Secretary of a military department, pursuant to the authorities in this section or any other provision of law, may increase 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. The Secretary concerned may enter into contracts or other transactions with commercial entities that intend to conduct space launch activities on a military installation under the jurisdiction of the Secretary.
Any such agreement may include the provision of supplies, services, equipment, and construction needed for commercial space launch. An agreement entered into under paragraph
(1)shall include a provision that requires the commercial entity entering into the agreement 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 agreement. In addition, the contract may 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 appropriate. In such a case, the contract may provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned finds reasonable. Amounts collected from a commercial entity pursuant to paragraph
(2)shall be credited to the appropriation accounts under which the costs associated with the agreement (direct and indirect) were incurred. In this section: The term space launch includes all activities, supplies, equipment, facilities, or services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for both the payload and the space transportation vehicle. The term commercial entity or commercial means a non-Federal entity organized under the laws of the United States or of any jurisdiction within the United States. For fiscal years 2024, 2025, and 2026, the Secretary concerned shall— limit indirect costs reimbursed pursuant to subsection (b)(2)(B) to no more than 30 percent, not to exceed $5,000,000 annually, of total direct cost reimbursements required under any agreement authorized by subsection (b); and not later than 90 days after each such fiscal year, submit to each of the congressional defense committees a briefing that— identifies total direct and indirect amount reimbursed to each spaceport for the prior fiscal year; describes support provided by reimbursed indirect costs for the prior fiscal year; and identifies indirect rate and analysis used to determine the indirect rate for the next fiscal year. .