U.S. Code > Title 42 The Public Health and Welfare > CHAPTER 141—COMMERCIAL SPACE OPPORTUNITIES AND TRANSPORTATION SERVICES > SUBCHAPTER III—COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION > § 14752. Loan guarantees for production of commercial reusable in-space transportation

§ 14752. Loan guarantees for production of commercial reusable in-space transportation

(a) Authority to make loan guarantees
The Secretary may guarantee loans made to eligible United States commercial providers for purposes of producing commercial reusable in-space transportation services or systems.
(b) Eligible United States commercial providers
The Secretary shall prescribe requirements for the eligibility of United States commercial providers for loan guarantees under this section. Such requirements shall ensure that eligible providers are financially capable of undertaking a loan guaranteed under this section.
(c) Limitation on loans guaranteed
The Secretary may not guarantee a loan for a United States commercial provider under this section unless 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 Secretary, 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 title 26; 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
(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, forebear [1] from enforcing any right of the United States under a loan guaranteed under this section for the benefit 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 provision 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, 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 system [2], 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.
(3) Construction
The eligibility of a United States commercial provider of in-space transportation services or systems 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.

[1] So in original. Probably should be “forbear”.

[2] So in original. Probably should be “systems”.