H. R. 3237—76 
(B) provide significant collateral or security, as deter-
mined 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 estab-
lish 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.— 
(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 benefit of a United States commercial pro-
vider 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 
provision of law and subject to the terms of a loan guaranteed 
under this section, upon the default of a United States commer-
cial 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, 
maintain, 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 instruments to United States commercial providers 
of in-space transportation services or systems, with the aggre-
gate 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 pro-
vided 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 sys-
tems for a credit instrument under this subsection is in addition 
to any eligibility of such provider for a loan guarantee under 
other provisions of this section.
H. R. 3237—77 
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 defined in section 105 of title 5. 
(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means 
an arrangement 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 venture is made viable. 
(3) COMMERCIAL.—The term ‘‘commercial’’ means having— 
(A) private capital at risk; and 
(B) primary financial and management responsibility for 
the activity 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 contractor 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 
trajectory, in Earth orbit in outer space, or otherwise in outer 
space. 
(6) LAUNCH SERVICES.—The term ‘‘launch services’’ means 
activities 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 
facilities’’ means facilities located at launch sites or launch 
ranges that are required to support launch activities, including 
launch vehicle assembly, launch vehicle operations and control, 
communications, flight safety functions, and payload operations, 
control, and processing. 
(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any 
vehicle 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 
integration services’’ means activities involved in integrating 
multiple payloads into a single payload for launch or integrating 
a payload with a launch vehicle. 
(11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space 
recovery support facilities’’ means facilities required to support 
activities related to the recovery of payloads returned from
H. R. 3237—78 
space to a space recovery site, including operations and control, 
communications, flight safety functions, and payload processing. 
(12) SPACE
TRANSPORTATION
INFRASTRUCTURE.—The term 
‘‘space transportation infrastructure’’ means facilities, associ-
ated 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 District 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 administered 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 
recipients with such assistance (including contract formulation and 
technical support during the proposal evaluation) as may be nec-
essary to ensure the purchase of cost effective and reasonably 
reliable commercial launch services and payload integration serv-
ices. 
§ 50503. Anchor tenancy and termination liability 
(a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the 
Administrator or the Administrator of the National Oceanic and 
Atmospheric Administration may enter into multiyear anchor ten-
ancy contracts for the purchase of a good or service if the appro-
priate Administrator determines that— 
(1) the good or service meets the mission requirements of 
the Administration 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
H. R. 3237—79 
the event that the Government terminates such contracts for 
its convenience. 
(2) FIXED
SCHEDULE
OF
PAYMENTS
AND
LIMITATION
ON 
LIABILITY.—Contracts that provide for the payment of termi-
nation 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 pay-
ments which the Government would have made after the date 
of termination to purchase the good or service if the contract 
were not terminated. 
(3) USE OF FUNDS.—Subject to appropriations, funds available 
for such termination liability payments may be used for pur-
chase of the good or service upon successful delivery of the 
good or service pursuant to the contract. In such case, sufficient 
funds shall remain available to cover any remaining termi-
nation 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, 
reasonable performance specifications shall be used to define 
technical requirements in such contracts. 
(4) FAILURE TO PERFORM.—In any such contract, the appro-
priate Administrator shall reserve the right to completely or 
partially terminate the contract without payment of such termi-
nation liability because of the contractor’s actual or anticipated 
failure to perform its contractual obligations. 
§ 50504. Use of Government facilities 
(a) AUTHORITY.— 
(1) IN GENERAL.—Federal agencies, including the Administra-
tion and the Department of Defense, may allow non-Federal 
entities to use their space-related facilities on a reimbursable 
basis if the Administrator, the Secretary of Defense, or the 
appropriate agency head determines that— 
(A) the facilities will be used to support commercial space 
activities; 
(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 
reasonable 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 para-
graph, the term ‘‘direct costs’’ means the actual costs that 
can be unambiguously associated with such use, and would