that commercial human spaceflight systems (in-
cluding mission control, operations, ground sys-
tems, and other supporting infrastructure) com-
ply with NASA human-rating requirements and 
standards and related NASA policies and proce-
dures for safety and reliability, which process 
shall be no less stringent than the NASA poli-
cies and procedural requirements established 
for launch of Class A (high cost and high pri-
ority) payloads; and 
(F) ensure that the certification estab-
lished under subparagraph (E) includes inde-
pendent verification and validation of compli-
ance with NASA policies, procedures, and 
standards. 
(g) ASAP REVIEW OF NASA’S HUMAN-RATING RE-
QUIREMENTS, STANDARDS, AND PROCESSES.— 
(1) IN GENERAL.—The Aerospace Safety Advi-
sory Panel shall conduct a review to identify issues 
pertinent to the establishment of human-rating re-
quirements, standards, and processes for commercial 
crew transportation and rescue systems that are pro-
posed for transport of United States astronauts. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Aerospace Safety 
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and Advisory Panel shall transmit to the Congress 
a report describing— 
(A) the Panel’s assessment of NASA’s cur-
rently established human-rating specifications 
and guidance; 
(B) the Panel’s view of the mandatory 
safety requirements that must be met with re-
gard to human rating; and 
(C) the steps NASA and the commercial 
space industry need to take to ensure that com-
mercial crew transportation and rescue vehicles 
have human rating requirements, standards, 
and processes equivalent to those of NASA. 
(h) INDEMNIFICATION AND LIABILITY.—The Admin-
istrator shall not proceed with a request for proposals, 
award any contract, or commit any United States Govern-
ment funds for a commercial ISS crew transportation or 
rescue service to be provided by a commercial service pro-
vider until all indemnification and liability issues associ-
ated with the use of such systems by the United States 
Government shall have been addressed and the Adminis-
trator has provided to the Congress a report describing 
the indemnification and liability provisions that are 
planned to be included in such contracts. 
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(i) PREDICTED LEVEL OF SAFETY.—The Adminis-
trator shall not award any contract or commit any United 
States Government funds for a commercial ISS crew 
transportation system service to a service provider unless 
that commercial crew transportation system has a pre-
dicted level of safety during ascent to low-Earth orbit, 
transit, and descent from low-Earth orbit that is not less 
than that specified for the Government system in section 
202(a)(5). 
SEC. 243. FEDERAL ASSISTANCE FOR THE DEVELOPMENT 
OF COMMERCIAL ORBITAL HUMAN SPACE 
TRANSPORTATION SERVICES. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a program to provide financial assistance in the 
form of direct loans or loan guarantees to commercial enti-
ties for the costs of development of orbital human space 
transportation systems. 
(b) ELIGIBLE PROJECTS.—A loan or loan guarantee 
may be made under such program only for a project in 
the United States to develop commercial orbital human 
space transportation systems that would be used to pro-
vide transportation services to and from low Earth orbit. 
(c) ELIGIBLE BORROWER.—A loan or loan guarantee 
may be made under such program only for a borrower who 
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is determined by the Administrator to be eligible under 
the criteria established pursuant to subsection (i). 
(d) LIMITATIONS.—No loan or guarantee shall be 
made unless the Administrator determines that— 
(1) there is a reasonable prospect of repayment 
of the principal and interest on the obligation by the 
borrower; and 
(2) the amount of the obligation (when com-
bined with amounts available to the borrower from 
other sources which shall be a minimum of 25 per-
cent of the total expected project development cost) 
is sufficient to carry out the total development 
project. 
(e) SUPERIORITY OF RIGHTS.—The rights of the Ad-
ministrator, with respect to any property acquired pursu-
ant to a loan, shall be superior to the rights of any other 
person with respect to the property. 
(f) TERMS AND CONDITIONS.—Notwithstanding any 
other provision of law, a loan or loan guarantee made pur-
suant to this section shall— 
(1) bear interest at an annual rate, as deter-
mined by the Administrator, of— 
(A) in the case of a direct loan— 
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(i) the cost of borrowing to the De-
partment of the Treasury for obligations of 
comparable maturity; or 
(ii) 4 percent; and 
(B) in the case of a guaranteed loan, the 
current applicable market rate for a loan of 
comparable maturity; and 
(2) have a term not to exceed 30 years. 
(g) CONSULTATION.—In establishing the terms and 
conditions of a loan or loan guarantee under this section, 
the Administrator shall consult with the Secretary of the 
Treasury. 
(h) FEES.— 
(1) IN
GENERAL.—The Administrator shall 
charge and collect fees for loans and loan guarantees 
in amounts the Administrator determines are suffi-
cient to cover applicable administrative expenses. 
(2) AVAILABILITY.—Fees collected under this 
subsection shall— 
(A) be deposited by the Administrator into 
the Treasury of the United States; and 
(B) remain available until expended, sub-
ject to such other conditions as are contained in 
annual appropriations Acts. 
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