- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 24, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 6064. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. MODIFICATION OF SPECIAL AUTHORITY FOR PROVISION
OF SPACE LAUNCH SUPPORT SERVICES TO INCREASE
SPACE LAUNCH CAPACITY.
Section 2276a(b) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
“(C) Marginal-cost billing.—
“(i) In general.—In a covered circumstance, the Secretary
of a military department shall apply marginal-cost billing as
the exclusive method of cost recovery in lieu of the
application of subparagraphs (A) and (B), and shall direct
each installation to define and document the marginal costs
attributable to the particular operation concerned.
“(ii) Limitation.—Marginal costs recoverable under this
subparagraph—
“(I) shall be limited to the incremental costs actually
incurred in providing coordination and integration services,
including airspace coordination, safety integration, and
deconfliction services; and
“(II) shall exclude any allocation of fixed overhead,
capital investment, or costs that would be incurred absent
the operations of the commercial entity concerned.
“(iii) Definitions.—In this subparagraph:
“(I) Adjacent.—The term `adjacent', with respect to an
operation of a commercial entity relative to a military
installation—
“(aa) means that—
“(AA) the launch or reentry operations of the commercial
entity are conducted at a facility that is not located on the
military installation but for which the military installation
provides the airspace coordination, safety integration, or
spectrum deconfliction services necessary for the safe
conduct of such operation; and
“(BB) the dependency of such operation on the military
installation is limited to such services; and
“(bb) does not mean proximity alone.
“(II) Covered circumstance.—The term `covered
circumstance' means a circumstance in which—
“(aa) a commercial entity conducts an operation adjacent
to a military installation;
“(bb) the demand on the military installation as a result
of such operation is limited to coordination and integration
services, including—
“(AA) airspace coordination;
“(BB) safety integration; and
“(CC) deconfliction; and
“(cc) such operation does not—
“(AA) displace or delay any military operation; or
“(BB) reasonably require material increases in
infrastructure, personnel, or capital investment at the
military installation.”.