I 

112TH CONGRESS 

2D SESSION H. R. 4401 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 19, 2012 

Mr. POSEY introduced the following bill; which was referred to the Committee 

on Armed Services 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revitalizing America’s 

5 Commercial Entrepreneurs for Space Act’’ or the ‘‘RACE 

6 for Space Act’’. 


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1 SEC. 2. COMMERCIAL SPACE LAUNCH COOPERATION. 

2 (a) IN GENERAL.—Chapter 135 of title 10, United 

3 States Code, is amended by adding at the end the fol4 lowing new section: 

5 ‘‘§ 2275. Commercial space launch cooperation. 

6 ‘‘(a) AUTHORITY.—The Secretary of Defense may, to 

7 assist the Secretary of Transportation in carrying out re8 sponsibilities set forth in titles 49 and 51 with respect to 

9 private sector involvement in commercial space activities 

10 and public-private partnerships pertaining to space trans11 portation infrastructure, take such actions as the Sec12 retary considers to be in the best interest of the Federal 

13 Government to do the following: 

14 ‘‘(1) Maximize the use of the capacity of the 

15 space transportation infrastructure of the Depart16 ment of Defense by the private sector in the United 

17 States. 

18 ‘‘(2) Maximize the effectiveness and efficiency 

19 of the space transportation infrastructure of the De20 partment of Defense. 

21 ‘‘(3) Reduce the cost of services provided by the 

22 Department of Defense related to space transpor23 tation infrastructure at launch support facilities and 

24 space recovery support facilities. 

25 ‘‘(4) Encourage commercial space activities by 

26 enabling investment in the space transportation inVerDate Mar 15 2010 23:22 Apr 23, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4401.IH H4401

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1 frastructure of the Department of Defense by cov2 ered entities. 

3 ‘‘(5) Foster cooperation between the Depart4 ment of Defense and covered entities. 

5 ‘‘(b) AUTHORITY FOR CONTRACT AND OTHER

6 AGREEMENT RELATING TO SPACE TRANSPORTATION IN7 FRASTRUCTURE.—The Secretary of Defense— 

8 ‘‘(1) may enter into a contract or other agree9 ment with a covered entity to provide to the covered 

10 entity support and services related to the space 

11 transportation infrastructure of the Department of 

12 Defense; and 

13 ‘‘(2) upon the request of that covered entity, 

14 may include such support and services in the space 

15 launch and reentry range support requirements of 

16 the Department of Defense if— 

17 ‘‘(A) the Secretary determines that the in18 clusion of such support and services in such re19 quirements— 

20 ‘‘(i) is in the best interest of the Fed21 eral Government; 

22 ‘‘(ii) does not interfere with the re23 quirements of the Department of Defense; 

24 and 


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1 ‘‘(iii) does not compete with the com2 mercial space activities of other covered en3 tities, unless that competition is in the na4 tional security interests of the United 

5 States; and 

6 ‘‘(B) any commercial requirement included 

7 in a contract or other agreement entered into 

8 under this subsection has full non-Federal fund9 ing before the execution of the contract or other 

10 agreement. 

11 ‘‘(c) CONTRIBUTIONS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Defense 

13 may enter into contracts or other agreements with 

14 covered entities on a cooperative and voluntary basis 

15 to accept contributions of funds, services, and equip16 ment to carry out this section. 

17 ‘‘(2) USE OF CONTRIBUTIONS.—Any funds, 

18 services, or equipment accepted by the Secretary 

19 under this subsection— 

20 ‘‘(A) may be used only for the objectives 

21 specified in this section in accordance with 

22 terms of use set forth in the contract or other 

23 agreement entered into under this subsection; 

24 and 


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1 ‘‘(B) shall be managed by the Secretary in 

2 accordance with regulations of the Department 

3 of Defense. 

4 ‘‘(3) REQUIREMENTS WITH RESPECT TO

5 AGREEMENTS.—A contract or other agreement en6 tered into under this subsection shall address the 

7 terms of use, ownership and disposition of the funds, 

8 and services or equipment contributed pursuant to 

9 the contract or other agreement. 

10 ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH AC11 COUNT.— 

12 ‘‘(1) ESTABLISHMENT.—There is established in 

13 the Treasury of the United States a special account 

14 to be known as the ‘Defense Cooperation Space 

15 Launch Account’. 

16 ‘‘(2) CREDITING OF FUNDS.—Funds received 

17 by the Secretary of Defense under subsection (c) 

18 shall be credited to the Defense Cooperation Space 

19 Launch Account and shall be available until ex20 pended without further authorization or appropria21 tion only for the objectives specified in this section. 

22 ‘‘(e) ANNUAL REPORT.—Not later than January 31 

23 of each year, the Secretary of Defense shall submit to the 

24 congressional defense committees a report on the funds 


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1 and equipment accepted and used by the Secretary under 

2 this section during the previous fiscal year. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) COVERED ENTITY.—The term ‘covered en5 tity’ means a non-Federal entity that— 

6 ‘‘(A) is organized under the laws of the 

7 United States or of any jurisdiction within the 

8 United States; and 

9 ‘‘(B) is engaged in commercial space ac10 tivities. 

11 ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term 

12 ‘launch support facilities’ has the meaning given 

13 that term in section 50501(7) of title 51. 

14 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— 

15 The term ‘space recovery support facilities’ has the 

16 meaning given that term in section 50501(11) of 

17 title 51. 

18 ‘‘(4) SPACE TRANSPORTATION INFRASTRUC19 TURE.—The term ‘space transportation infrastruc20 ture’ has the meaning given that term in section 

21 50501(12) of title 51.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by adding 

24 at the end the following new item: 

‘‘2275. Commercial space launch cooperation.’’. 


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1 (c) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations relating to the activities of the De3 partment of Defense under section 2275 of title 10, 

4 United States Code, as added by subsection (a). 

Æ 


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