percent, then, beginning 18 months after the date the Administrator trans-
mits a report under subsection (e)(1)(A), the Administrator shall not expend 
any additional funds on the program, other than termination costs, unless 
Congress has subsequently authorized continuation of the program by law. 
An appropriation for the specific program enacted subsequent to a report 
being transmitted shall be considered an authorization for purposes of this 
subsection. If the program is continued, the Administrator shall submit a 
new Baseline Report for the program no later than 90 days after the date 
of enactment of the Act under which Congress has authorized continuation 
of the program. 
CHAPTER 303—CONTRACTING AND PROCUREMENT 
Sec. 
30301.
Guaranteed customer base. 
30302.
Quality assurance personnel. 
30303.
Tracking and data relay satellite services. 
30304.
Award of contracts to small businesses and disadvantaged individuals. 
30305.
Outreach program. 
30306.
Small business contracting. 
30307.
Requirement for independent cost analysis. 
30308.
Cost effectiveness calculations. 
30309.
Use of abandoned and underutilized buildings, grounds, and facilities. 
30310.
Exception to alternative fuel procurement requirement. 
§ 30301. Guaranteed customer base 
No amount appropriated to the Administration may be used to fund 
grants, contracts, or other agreements with an expected duration of more 
than one year, when a primary effect of the grant, contract, or agreement 
is to provide a guaranteed customer base for or establish an anchor tenancy 
in new commercial space hardware or services unless an appropriations Act 
specifies the new commercial space hardware or services to be developed or 
used, or the grant, contract, or agreement is otherwise identified in such 
Act. 
§ 30302. Quality assurance personnel 
(a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing 
articles to the Administration under a contract entered into after December 
9, 1991, may not exclude Administration quality assurance personnel from 
work sites except as provided in a contract provision that has been sub-
mitted to Congress as provided in subsection (b). 
(b) CONTRACT PROVISIONS.—The Administration shall not enter into any 
contract which permits the exclusion of Administration quality assurance 
personnel from work sites unless the Administrator has submitted a copy 
of the provision permitting such exclusion to Congress at least 60 days be-
fore entering into the contract. 
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§ 30303. Tracking and data relay satellite services 
(a) CONTRACTS.—The Administration is authorized, when so provided in 
an appropriation Act, to enter into and to maintain a contract for tracking 
and data relay satellite services. Such services shall be furnished to the Ad-
ministration in accordance with applicable authorization and appropriations 
Acts. The Government shall incur no costs under such contract prior to the 
furnishing of such services except that the contract may provide for the pay-
ment for contingent liability of the Government which may accrue in the 
event the Government should decide for its convenience to terminate the 
contract before the end of the period of the contract. Facilities which may 
be required in the performance of the contract may be constructed on Gov-
ernment-owned lands if there is included in the contract a provision under 
which the Government may acquire title to the facilities, under terms and 
conditions agreed upon in the contract, upon termination of the contract. 
(b) REPORTS TO CONGRESS.—The Administrator shall in January of 
each year report to the Committee on Science and Technology and the Com-
mittee on Appropriations of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate the projected aggregate contingent liability of 
the Government under termination provisions of any contract authorized in 
this section through the next fiscal year. The authority of the Administra-
tion to enter into and to maintain the contract authorized hereunder shall 
remain in effect unless repealed by legislation enacted by Congress. 
§ 30304. Award of contracts to small businesses and dis-
advantaged individuals 
The Administrator shall annually establish a goal of at least 8 percent 
of the total value of prime and subcontracts awarded in support of author-
ized programs, including the space station by the time operational status 
is obtained, which funds will be made available to small business concerns 
or other organizations owned or controlled by socially and economically dis-
advantaged individuals (within the meaning of paragraphs (5) and (6) of 
section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including His-
torically Black Colleges and Universities that are part B institutions (as de-
fined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of 
that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as de-
fined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Na-
tive-serving institutions (as defined in section 317(b)(2) of that Act (20 
U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in 
section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority edu-
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cational institutions (as defined by the Secretary of Education pursuant to 
the General Education Provisions Act (20 U.S.C. 1221 et seq.)). 
§ 30305. Outreach program 
(a) ESTABLISHMENT.—The Administration shall competitively select an 
organization to partner with Administration centers, aerospace contractors, 
and academic institutions to carry out a program to help promote the com-
petitiveness of small, minority-owned, and women-owned businesses in com-
munities across the United States through enhanced insight into the tech-
nologies of the Administration’s space and aeronautics programs. The pro-
gram shall support the mission of the Administration’s Innovative Partner-
ships Program with its emphasis on joint partnerships with industry, aca-
demia, government agencies, and national laboratories. 
(b) PROGRAM STRUCTURE.—In carrying out the program described in 
subsection (a), the organization shall support the mission of the Administra-
tion’s Innovative Partnerships Program by undertaking the following activi-
ties: 
(1) FACILITATING ENHANCED INSIGHT.—Facilitating the enhanced 
insight of the private sector into the Administration’s technologies in 
order to increase the competitiveness of the private sector in producing 
viable commercial products. 
(2) CREATING NETWORK.—Creating a network of academic institu-
tions, aerospace contractors, and Administration centers that will com-
mit to donating appropriate technical assistance to small businesses, 
giving preference to socially and economically disadvantaged small busi-
ness concerns, small business concerns owned and controlled by service- 
disabled veterans, and HUBZone small business concerns. This para-
graph shall not apply to any contracting actions entered into or taken 
by the Administration. 
(3) CREATING NETWORK OF ECONOMIC DEVELOPMENT ORGANIZA-
TIONS.—Creating a network of economic development organizations to 
increase the awareness and enhance the effectiveness of the program 
nationwide. 
(c) REPORT.—Not later than one year after October 15, 2008, and annu-
ally thereafter, the Administrator shall submit a report to the Committee 
on Science and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate describing 
the efforts and accomplishments of the program established under sub-
section (a) in support of the Administration’s Innovative Partnerships Pro-
gram. As part of the report, the Administrator shall provide— 
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(1) data on the number of small businesses receiving assistance, jobs 
created and retained, and volunteer hours donated by the Administra-
tion, contractors, and academic institutions nationwide; 
(2) an estimate of the total dollar value of the economic impact made 
by small businesses that received technical assistance through the pro-
gram; and 
(3) an accounting of the use of funds appropriated for the program. 
§ 30306. Small business contracting 
(a) PLAN.—In consultation with the Small Business Administration, the 
Administrator shall develop a plan to maximize the number and amount of 
contracts awarded to small business concerns (within the meaning given 
that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to 
meet established contracting goals for such concerns. 
(b) PRIORITY.—The Administrator shall establish as a priority meeting 
the contracting goals developed in conjunction with the Small Business Ad-
ministration to maximize the amount of prime contracts, as measured in 
dollars, awarded in each fiscal year by the Administration to small business 
concerns (within the meaning given that term in section 3 of the Small 
Business Act (15 U.S.C. 632)). 
§ 30307. Requirement for independent cost analysis 
(a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘imple-
mentation’’ means all activity in the life cycle of a project after preliminary 
design, independent assessment of the preliminary design, and approval to 
proceed into implementation, including critical design, development, certifi-
cation, launch, operations, disposal of assets, and, for technology programs, 
development, testing, analysis, and communication of the results. 
(b) REQUIREMENT.—Before any funds may be obligated for implementa-
tion of a project that is projected to cost more than $250,000,000 in total 
project costs, the Administrator shall conduct and consider an independent 
life-cycle cost analysis of the project and shall report the results to Con-
gress. In developing cost accounting and reporting standards for carrying 
out this section, the Administrator shall, to the extent practicable and con-
sistent with other laws, solicit the advice of experts outside of the Adminis-
tration. 
§ 30308. Cost effectiveness calculations 
(a) DEFINITIONS.—In this section: 
(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial provider’’ 
means any person providing space transportation services or other 
space-related activities, the primary control of which is held by persons 
other than a Federal, State, local, or foreign government. 
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