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 im-
plementation 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 Representa-
tives 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’’. 
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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 fol-
lowing new section: 
‘‘§ 2275. Commercial space launch cooperation. 
‘‘(a) AUTHORITY.—The Secretary of Defense may, to 
assist the Secretary of Transportation in carrying out re-
sponsibilities set forth in titles 49 and 51 with respect to 
private sector involvement in commercial space activities 
and public-private partnerships pertaining to space trans-
portation infrastructure, take such actions as the Sec-
retary 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 Depart-
ment of Defense by the private sector in the United 
States. 
‘‘(2) Maximize the effectiveness and efficiency 
of the space transportation infrastructure of the De-
partment of Defense. 
‘‘(3) Reduce the cost of services provided by the 
Department of Defense related to space transpor-
tation infrastructure at launch support facilities and 
space recovery support facilities. 
‘‘(4) Encourage commercial space activities by 
enabling investment in the space transportation in-
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frastructure of the Department of Defense by cov-
ered entities. 
‘‘(5) Foster cooperation between the Depart-
ment of Defense and covered entities. 
‘‘(b) AUTHORITY
FOR
CONTRACT
AND
OTHER 
AGREEMENT RELATING TO SPACE TRANSPORTATION IN-
FRASTRUCTURE.—The Secretary of Defense— 
‘‘(1) may enter into a contract or other agree-
ment 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 in-
clusion of such support and services in such re-
quirements— 
‘‘(i) is in the best interest of the Fed-
eral Government; 
‘‘(ii) does not interfere with the re-
quirements of the Department of Defense; 
and 
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‘‘(iii) does not compete with the com-
mercial space activities of other covered en-
tities, unless that competition is in the na-
tional 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 fund-
ing 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 equip-
ment 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 
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‘‘(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 en-
tered 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 AC-
COUNT.— 
‘‘(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 ex-
pended without further authorization or appropria-
tion 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 
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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 en-
tity’ 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 ac-
tivities. 
‘‘(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
INFRASTRUC-
TURE.—The term ‘space transportation infrastruc-
ture’ 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.’’. 
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(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations relating to the activities of the De-
partment of Defense under section 2275 of title 10, 
United States Code, as added by subsection (a). 
Æ 
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