--- kind: "section" citation: "10 U.S.C. § 2276a" title: "10" title_heading: "Armed Forces" number: "2276a" heading: "Special authority for provision of space launch support services to increase space launch capacity" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2276a" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 135 — Space Programs" --- # §2276a. Special authority for provision of space launch support services to increase space launch capacity - (a) **In General.—** The [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may support Federal and commercial space launch capacity on any domestic real property under the control of the [Secretary](/usc/10/4951.md?p=3) through the provision of space launch support services. - (b) **Provision of Launch Equipment and Services to Commercial Entities.—** - (1) **Contract or other transaction authority.—** The [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) 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](/usc/10/2801.md?p=c-4) under the jurisdiction of the [Secretary](/usc/10/4951.md?p=3). Under such a contract or agreement, the [Secretary](/usc/10/4951.md?p=3) may agree to provide to the commercial entity [supplies](/usc/10/3011.md?p=8), services, equipment, and construction needed for commercial space launch. - (2) **Costs.—** - (A) **Direct costs.—** If the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) enters into a contract or other transaction with a commercial entity under [paragraph (1)](#b-1), such contract or transaction shall include a provision that requires the commercial entity to reimburse the [Department](/usc/10/101.md?p=a-6) of Defense for all direct costs to the [United States](/usc/10/101.md?p=a-1) that are associated with any good, service, or equipment provided to the commercial entity under the contract or other transaction. - (B) **Indirect costs.—** If the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) enters into a contract or other transaction with a commercial entity under [paragraph (1)](#b-1), such contract or transaction may include a provision that requires the commercial entity to reimburse the [Department](/usc/10/101.md?p=a-6) of Defense for such indirect costs as the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=b-9), fixed price, or similar mechanism the [Secretary concerned](/usc/10/2801.md?p=c-5) determines is reasonable. - (3) **Retention of funds collected from commercial users.—** Any amount collected from a commercial entity as a reimbursement under [paragraph (2)](#b-2) shall be credited to the appropriations account from which the cost for which such reimbursement is provided was derived. - (4) **Regulations.—** The [Secretary](/usc/10/4951.md?p=3) of each of the [military departments](/usc/10/101.md?p=a-8) shall prescribe regulations to carry out this subsection. - (c) **Noise Mitigation at Space Force Launch Sites.—** In providing space launch support services to a commercial entity, the [Secretary](/usc/10/4951.md?p=3) 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) **Definitions.—** In this section: - (1) **Space launch.—** The term “space launch” [includes](/usc/10/101.md?p=g-4) all activities, [supplies](/usc/10/3011.md?p=8), equipment, [facilities](/usc/10/2700.md?p=2), or services supporting launch preparation, launch, reentry, recovery, and other launch-related activities for both the payload and the space transportation vehicle. - (2) **Commercial entity.—** The term “commercial entity” or “commercial” means a non-Federal entity organized under the laws of the [United States](/usc/10/101.md?p=a-1) or of any jurisdiction within the [United States](/usc/10/101.md?p=a-1). - (e) **Transition Limitations and Reporting Requirements.—** For each of fiscal years 2024, 2025, and 2026, the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) shall— - (1) with respect to any contract or other transaction authority entered into pursuant to [subsection (b)](#b), limit the amount of the indirect costs that are reimbursable under [paragraph (2)(B)](#e-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)](#e-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](/usc/10/101.md?p=a-16) a briefing that [includes](/usc/10/101.md?p=g-4)— - (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](/usc/10/101.md?p=b-9), 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. ## Source credit (Added Pub. L. 118–31, div. A, title XVI, § 1603, Dec. 22, 2023, 137 Stat. 584; amended Pub. L. 119–60, div. A, title XVI, § 1602, Dec. 18, 2025, 139 Stat. 1175.) ## Notes ### 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.