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. 
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. 
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(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-
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. 
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(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— 
(1) the good or service meets the mission requirements of the Admin-
istration or the National Oceanic and Atmospheric Administration, as 
appropriate; 
(2) the commercially procured good or service is cost effective; 
(3) the good or service is procured through a competitive process; 
(4) existing or potential customers for the good or service other than 
the United States Government have been specifically identified; 
(5) the long-term viability of the venture is not dependent upon a 
continued Government market or other nonreimbursable Government 
support; and 
(6) private capital is at risk in the venture. 
(b) TERMINATION LIABILITY.— 
(1) IN GENERAL.—Contracts entered into under subsection (a) may 
provide for the payment of termination liability in the event that the 
Government terminates such contracts for its convenience. 
(2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL-
ITY.—Contracts that provide for the payment of termination liability, 
as described in paragraph (1), shall include a fixed schedule of such 
termination liability payments. Liability under such contracts shall not 
exceed the total payments which the Government would have made 
after the date of termination to purchase the good or service if the con-
tract were not terminated. 
(3) USE OF FUNDS.—Subject to appropriations, funds available for 
such termination liability payments may be used for purchase of the 
good or service upon successful delivery of the good or service pursuant 
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to the contract. In such case, sufficient funds shall remain available to 
cover any remaining termination liability. 
(c) LIMITATIONS.— 
(1) DURATION.—Contracts entered into under this section shall not 
exceed 10 years in duration. 
(2) FIXED PRICE.—Such contracts shall provide for delivery of the 
good or service on a firm, fixed price basis. 
(3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, rea-
sonable performance specifications shall be used to define technical re-
quirements in such contracts. 
(4) FAILURE TO PERFORM.—In any such contract, the appropriate 
Administrator shall reserve the right to completely or partially termi-
nate the contract without payment of such termination liability because 
of the contractor’s actual or anticipated failure to perform its contrac-
tual obligations. 
§ 50504. Use of Government facilities 
(a) AUTHORITY.— 
(1) IN GENERAL.—Federal agencies, including the Administration 
and the Department of Defense, may allow non-Federal entities to use 
their space-related facilities on a reimbursable basis if the Adminis-
trator, the Secretary of Defense, or the appropriate agency head deter-
mines that— 
(A) the facilities will be used to support commercial space activi-
ties; 
(B) such use can be supported by existing or planned Federal 
resources; 
(C) such use is compatible with Federal activities; 
(D) equivalent commercial services are not available on reason-
able terms; and 
(E) such use is consistent with public safety, national security, 
and international treaty obligations. 
(2) CONSULTATION.—In carrying out paragraph (1)(E), each agency 
head shall consult with appropriate Federal officials. 
(b) REIMBURSEMENT PAYMENT.— 
(1) AMOUNT.—The reimbursement referred to in subsection (a) may 
be an amount equal to the direct costs (including salaries of United 
States civilian and contractor personnel) incurred by the United States 
as a result of the use of such facilities by the private sector. For the 
purposes of this paragraph, the term ‘‘direct costs’’ means the actual 
costs that can be unambiguously associated with such use, and would 
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