§2276a — Title 10 Armed Forces | U.S. Code

Summary

Military department secretaries may help grow U.S. space launch capacity on military land by providing supplies, services, equipment, or construction for launches. They may sign contracts with U.S. commercial companies using military launch sites. Those contracts must make the company pay back all direct costs. They can also require repayment of some indirect costs using a rate or fixed price. Money paid back must go back into the same government account that paid the cost. Each military department must write rules to carry this out. The Air Force must work with companies to study launch noise at Space Force sites and find ways to reduce it. "Space launch" covers all work and gear for launch, reentry, recovery, and related activities. "Commercial entity" means a U.S. non‑Federal company. For fiscal years 2024, 2025, and 2026, reimbursable indirect costs are capped at 30% and no more than $5,000,000 per year (FY2024 dollars) of the total direct costs. Within 90 days after each of those fiscal years, the military department must brief the congressional defense committees on amounts reimbursed, how indirect reimbursements were used, and the rate or price method used for the next year.

Title 10, §2276a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of a military department may support 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.

(b)(1)The Secretary of a military department may enter into a contract or other transaction with one or more commercial entities that intend to conduct space launch activities on a military installation under the jurisdiction of the Secretary. Under such a contract or agreement, the Secretary may agree to provide to the commercial entity supplies, services, equipment, and construction needed for commercial space launch.

(2)(A)If the Secretary of a military department enters into a contract or other transaction with a commercial entity under paragraph (1), such contract or transaction shall include a provision that requires the commercial entity to reimburse the Department of Defense for all direct costs to the United States that are associated with any good, service, or equipment provided to the commercial entity under the contract or other transaction.

(B)If the Secretary of a military department enters into a contract or other transaction with a commercial entity under paragraph (1), such contract or transaction may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary considers to be appropriate. In such a case, such contract or other transaction may provide for the reimbursement of such indirect costs through the establishment of a rate, fixed price, or similar mechanism the Secretary concerned determines is reasonable.

(3)Any amount collected from a commercial entity as a reimbursement under paragraph (2) shall be credited to the appropriations account from which the cost for which such reimbursement is provided was derived.

(4)The Secretary of each of the military departments shall prescribe regulations to carry out this subsection.

(c)In providing space launch support services to a commercial entity, the Secretary of the Air Force shall coordinate with the entity to—

(1)study the noise caused by launches at launch sites of the Space Force; and

(2)identify potential technologies and procedures to mitigate such noise to the extent practicable.

(d)In this section:

(1)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.

(2)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.

(e)For each of fiscal years 2024, 2025, and 2026, the Secretary of a military department shall—

(1)with respect to any contract or other transaction authority entered into pursuant to subsection (b), limit the amount of the indirect costs that are reimbursable under paragraph (2)(B) of such subsection to not more than 30 percent, not to exceed $5,000,000 annually (based on fiscal year 2024 constant dollars), of the total amount of the direct costs reimbursable under paragraph (2)(A) of such subsection; and

(2)not later than 90 days after the last day of each such fiscal year, provide for each of the congressional defense committees a briefing that includes—

(A)an identification of the total amounts of direct and indirect costs reimbursed to each spaceport for the fiscal year covered by the report;

(B)a description of the support provided by reimbursed indirect costs for the fiscal year covered by the report; and

(C)an identification of the rate, fixed price, or similar mechanism, if any, used to calculate the amount of the indirect costs that are reimbursable for the fiscal year following the fiscal year covered by the report.

Editorial Notes

Amendments

2025—Subsecs. (c) to (e). Pub. L. 119–60 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

§2276a Special authority for provision of space launch support services to increase space launch capacity

Summary

Title 10, §2276a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata