(c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not guar-
antee a loan for a United States commercial provider under this section un-
less the Secretary determines that credit would not otherwise be reasonably 
available at the time of the guarantee for the commercial reusable in-space 
transportation service or system to be produced utilizing the proceeds of the 
loan. 
(d) CREDIT SUBSIDY.— 
(1) COLLECTION REQUIRED.—The Secretary shall collect from each 
United States commercial provider receiving a loan guarantee under 
this section an amount equal to the amount, as determined by the Sec-
retary, to cover the cost, as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the loan guarantee. 
(2) PERIODIC DISBURSEMENTS.—In the case of a loan guarantee in 
which proceeds of the loan are disbursed over time, the Secretary shall 
collect the amount required under this subsection on a pro rata basis, 
as determined by the Secretary, at the time of each disbursement. 
(e) OTHER TERMS AND CONDITIONS.— 
(1) PROHIBITION ON SUBORDINATION.—A loan guaranteed under 
this section may not be subordinated to another debt contracted by the 
United States commercial provider concerned, or to any other claims 
against such provider. 
(2) RESTRICTION ON INCOME.—A loan guaranteed under this section 
may not— 
(A) provide income which is excluded from gross income for 
purposes of chapter 1 of the Internal Revenue Code of 1986 (26 
U.S.C. 1 et seq.); or 
(B) provide significant collateral or security, as determined by 
the Secretary, for other obligations the income from which is so 
excluded. 
(3) TREATMENT OF GUARANTEE.—The guarantee of a loan under 
this section shall be conclusive evidence of the following: 
(A) That the guarantee has been properly obtained. 
(B) That the loan qualifies for the guarantee. 
(C) That, but for fraud or material misrepresentation by the 
holder of the loan, the guarantee is valid, legal, and enforceable. 
(4) OTHER TERMS AND CONDITIONS.—The Secretary may establish 
any other terms and conditions for a guarantee of a loan under this 
section as the Secretary considers appropriate to protect the financial 
interests of the United States. 
(f) ENFORCEMENT OF RIGHTS.— 
VerDate Nov 24 2008 
21:05 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.IH
H3237
hsrobinson on PROD1PC76 with BILLS
(1) IN GENERAL.—The Attorney General may take any action the 
Attorney General considers appropriate to enforce any right accruing 
to the United States under a loan guarantee under this section. 
(2) FORBEARANCE.—The Attorney General may, with the approval 
of the parties concerned, forbear from enforcing any right of the 
United States under a loan guaranteed under this section for the ben-
efit of a United States commercial provider if such forbearance will not 
result in any cost, as defined in section 502(5) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)), to the United States. 
(3) UTILIZATION OF PROPERTY.—Notwithstanding any other provi-
sion of law and subject to the terms of a loan guaranteed under this 
section, upon the default of a United States commercial provider under 
the loan, the Secretary may, at the election of the Secretary— 
(A) assume control of the physical asset financed by the loan; 
and 
(B) complete, recondition, reconstruct, renovate, repair, main-
tain, operate, or sell the physical asset. 
(g) CREDIT INSTRUMENTS.— 
(1) AUTHORITY
TO
ISSUE
INSTRUMENTS.—Notwithstanding any 
other provision of law, the Secretary may, subject to such terms and 
conditions as the Secretary considers appropriate, issue credit instru-
ments to United States commercial providers of in-space transportation 
services or systems, with the aggregate cost (as determined under the 
provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
seq.)) of such instruments not to exceed $1,500,000,000, but only to 
the extent that new budget authority to cover such costs is provided 
in subsequent appropriations Acts or authority is otherwise provided in 
subsequent appropriations Acts. 
(2) CREDIT SUBSIDY.—The Secretary shall provide a credit subsidy 
for any credit instrument issued under this subsection in accordance 
with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661 et seq.). 
(3) CONSTRUCTION.—The eligibility of a United States commercial 
provider of in-space transportation services or systems for a credit in-
strument under this subsection is in addition to any eligibility of such 
provider for a loan guarantee under other provisions of this section. 
CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 
Sec. 
50501.
Definitions. 
50502.
Launch voucher demonstration program. 
50503.
Anchor tenancy and termination liability. 
50504.
Use of Government facilities. 
VerDate Nov 24 2008 
21:05 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6231
E:\BILLS\H3237.IH
H3237
hsrobinson on PROD1PC76 with BILLS
50505.
Test facilities. 
50506.
Commercial Space Achievement Award. 
§ 50501. Definitions 
In this chapter: 
(1) AGENCY.—The term ‘‘agency’’ means an executive agency as de-
fined in section 105 of title 5. 
(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an ar-
rangement in which the United States Government agrees to procure 
sufficient quantities of a commercial space product or service needed 
to meet Government mission requirements so that a commercial ven-
ture is made viable. 
(3) COMMERCIAL.—The term ‘‘commercial’’ means having— 
(A) private capital at risk; and 
(B) primary financial and management responsibility for the ac-
tivity reside with the private sector. 
(4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing no 
more than the available alternatives, determined by a comparison of all 
related direct and indirect costs including, in the case of Government 
costs, applicable Government labor and overhead costs as well as con-
tractor charges, and taking into account the ability of each alternative 
to accommodate mission requirements as well as the related factors of 
risk, reliability, schedule, and technical performance. 
(5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt to 
place, a launch vehicle and its payload, if any, in a suborbital trajec-
tory, in Earth orbit in outer space, or otherwise in outer space. 
(6) LAUNCH SERVICES.—The term ‘‘launch services’’ means activi-
ties involved in the preparation of a launch vehicle and its payload for 
launch and the conduct of a launch. 
(7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support fa-
cilities’’ means facilities located at launch sites or launch ranges that 
are required to support launch activities, including launch vehicle as-
sembly, launch vehicle operations and control, communications, flight 
safety functions, and payload operations, control, and processing. 
(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi-
cle constructed for the purpose of operating in or placing a payload in 
outer space or in suborbital trajectories, and includes components of 
that vehicle. 
(9) PAYLOAD.—The term ‘‘payload’’ means an object which a person 
undertakes to launch, and includes subcomponents of the launch vehicle 
specifically designed or adapted for that object. 
(10) PAYLOAD INTEGRATION SERVICES.—The term ‘‘payload inte-
gration services’’ means activities involved in integrating multiple pay-
VerDate Nov 24 2008 
21:05 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.IH
H3237
hsrobinson on PROD1PC76 with BILLS
loads into a single payload for launch or integrating a payload with a 
launch vehicle. 
(11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space re-
covery support facilities’’ means facilities required to support activities 
related to the recovery of payloads returned from space to a space re-
covery site, including operations and control, communications, flight 
safety functions, and payload processing. 
(12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term ‘‘space 
transportation infrastructure’’ means facilities, associated equipment, 
and real property (including launch sites, launch support facilities, 
space recovery sites, and space recovery support facilities) required to 
perform launch or space recovery activities. 
(13) STATE.—The term ‘‘State’’ means the several States, the Dis-
trict of Columbia, Puerto Rico, American Samoa, the United States 
Virgin Islands, Guam, the Northern Mariana Islands, and any other 
commonwealth, territory, or possession of the United States. 
(14) UNITED STATES.—The term ‘‘United States’’ means the States, 
collectively. 
§ 50502. Launch voucher demonstration program 
(a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator shall 
establish a demonstration program to award vouchers for the payment of 
commercial launch services and payload integration services for the purpose 
of launching payloads funded by the Administration. 
(b) AWARD
OF VOUCHERS.—The Administrator shall award vouchers 
under subsection (a) to appropriate individuals as a part of grants adminis-
tered by the Administration for the launch of— 
(1) payloads to be placed in suborbital trajectories; and 
(2) small payloads to be placed in orbit. 
(c) ASSISTANCE.—The Administrator may provide voucher award recipi-
ents with such assistance (including contract formulation and technical sup-
port during the proposal evaluation) as may be necessary to ensure the pur-
chase of cost effective and reasonably reliable commercial launch services 
and payload integration services. 
§ 50503. Anchor tenancy and termination liability 
(a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Ad-
ministrator or the Administrator of the National Oceanic and Atmospheric 
Administration may enter into multiyear anchor tenancy contracts for the 
purchase of a good or service if the appropriate Administrator determines 
that— 
VerDate Nov 24 2008 
21:05 Jul 17, 2009
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.IH
H3237
hsrobinson on PROD1PC76 with BILLS