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(B) to other agencies or instrumentalities of the United States; 
(C) to any State, territory, or possession or political subdivision 
thereof; 
(D) to other public or private agencies; or 
(E) to any person, firm, association, corporation, or educational 
institution on a reimbursable basis. 
(2) CAPITAL REPAIRS.—The fund shall also be available for the pur-
pose 
of 
funding 
capital 
repairs, 
renovations, 
rehabilitation, 
sustainment, demolition, or replacement of Administration real prop-
erty, on a reimbursable basis within the Administration. 
(3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are avail-
able without regard to fiscal year limitation. 
(c) CONTENTS.—The capital of the fund consists of— 
(1) amounts appropriated to the fund; 
(2) the reasonable value of stocks of supplies, equipment, and other 
assets and inventories on order that the Administrator transfers to the 
fund, less the related liabilities and unpaid obligations; and 
(3) payments received for loss or damage to property of the fund. 
(d) REIMBURSEMENT.—The fund shall be reimbursed, in advance, for 
supplies and services at rates that will approximate the expenses of oper-
ation, such as the accrual of annual leave, depreciation of plant, property, 
and equipment, and overhead. 
§ 30103. Budgets 
(a) CATEGORIES.—The proposed budget for the Administration submitted 
by the President for each fiscal year shall be accompanied by documents 
showing— 
(1) by program— 
(A) the budget for space operations, including the International 
Space Station and the space shuttle; 
(B) the budget for exploration systems; 
(C) the budget for aeronautics; 
(D) the budget for space science; 
(E) the budget for Earth science; 
(F) the budget for microgravity science; 
(G) the budget for education; 
(H) the budget for safety oversight; and 
(I) the budget for public relations; 
(2) the budget for technology transfer programs; 
(3) the budget for the Integrated Enterprise Management Program, 
by individual element; 
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(4) the budget for the Independent Technical Authority, both total 
and by center; 
(5) the total budget for the prize program under section 20144 of 
this title, and the administrative budget for that program; and 
(6) the comparable figures for at least the 2 previous fiscal years for 
each item in the proposed budget. 
(b) ADDITIONAL BUDGET INFORMATION UPON REQUEST BY COMMIT-
TEES.—The Administration shall make available, upon request from the 
Committee on Science and Technology of the House of Representatives or 
the Committee on Commerce, Science, and Transportation of the Senate— 
(1) information on corporate and center general and administrative 
costs and service pool costs, including— 
(A) the total amount of funds being allocated for those purposes 
for any fiscal year for which the President has submitted an an-
nual budget request to Congress; 
(B) the amount of funds being allocated for those purposes for 
each center, for headquarters, and for each directorate; and 
(C) the major activities included in each cost category; and 
(2) the figures on the amount of unobligated funds and unexpended 
funds, by appropriations account— 
(A) that remained at the end of the fiscal year prior to the fis-
cal year in which the budget is being presented that were carried 
over into the fiscal year in which the budget is being presented; 
(B) that are estimated will remain at the end of the fiscal year 
in which the budget is being presented that are proposed to be 
carried over into the fiscal year for which the budget is being pre-
sented; and 
(C) that are estimated will remain at the end of the fiscal year 
for which the budget is being presented. 
(c) INFORMATION IN ANNUAL BUDGET JUSTIFICATION.—The Adminis-
tration shall provide, at a minimum, the following information in its annual 
budget justification: 
(1) The actual, current, proposed funding level, and estimated budg-
ets for the next 5 fiscal years by directorate, theme, program, project 
and activity within each appropriations account. 
(2) The proposed programmatic and non-programmatic construction 
of facilities. 
(3) The budget for headquarters including— 
(A) the budget by office, and any division thereof, for the ac-
tual, current, proposed funding level, and estimated budgets for 
the next 5 fiscal years; 
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(B) the travel budget for each office, and any division thereof, 
for the actual, current, and proposed funding level; and 
(C) the civil service full time equivalent assignments per head-
quarters office, and any division thereof, including the number of 
Senior Executive Service, noncareer, detailee, and contract per-
sonnel per office. 
(4) Within 14 days of the submission of the budget to Congress an 
accompanying volume shall be provided to the Committees on Appro-
priations containing the following information for each center, facility 
managed by any center, and federally funded research and development 
center operated on behalf of the Administration: 
(A) The actual, current, proposed funding level, and estimated 
budgets for the next 5 fiscal years by directorate, theme, program, 
project, and activity. 
(B) The proposed programmatic and non-programmatic con-
struction of facilities. 
(C) The number of civil service full time equivalent positions per 
center for each identified fiscal year. 
(D) The number of civil service full time equivalent positions 
considered to be uncovered capacity at each location for each iden-
tified fiscal year. 
(5) The proposed budget as designated by object class for each direc-
torate, theme, and program. 
(6) Sufficient narrative shall be provided to explain the request for 
each program, project, and activity, and an explanation for any devi-
ation to previously adopted baselines for all justification materials pro-
vided to the Committees. 
(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS RE-
LATED TO LEASE OF PROPERTY.—Each annual budget request shall include 
an annual estimate of gross receipts and collections and proposed use of all 
funds collected pursuant to section 20145 of this title. 
§ 30104. Baselines and cost controls 
(a) DEFINITIONS.—In this section: 
(1) DEVELOPMENT.—The term ‘‘development’’ means the phase of 
a program following the formulation phase and beginning with the ap-
proval to proceed to implementation, as defined in the Administration’s 
Procedural Requirements 7120.5c, dated March 22, 2005. 
(2) DEVELOPMENT COST.—The term ‘‘development cost’’ means the 
total of all costs, including construction of facilities and civil servant 
costs, from the period beginning with the approval to proceed to imple-
mentation through the achievement of operational readiness, without 
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regard to funding source or management control, for the life of the pro-
gram. 
(3) LIFE-CYCLE COST.—The term ‘‘life-cycle cost’’ means the total 
of the direct, indirect, recurring, and nonrecurring costs, including the 
construction of facilities and civil servant costs, and other related ex-
penses incurred or estimated to be incurred in the design, development, 
verification, production, operation, maintenance, support, and retire-
ment of a program over its planned lifespan, without regard to funding 
source or management control. 
(4) MAJOR PROGRAM.—The term ‘‘major program’’ means an activ-
ity approved to proceed to implementation that has an estimated life- 
cycle cost of more than $250,000,000. 
(b) CONDITIONS FOR DEVELOPMENT.— 
(1) IN GENERAL.—The Administration shall not enter into a con-
tract for the development of a major program unless the Administrator 
determines that— 
(A) the technical, cost, and schedule risks of the program are 
clearly identified and the program has developed a plan to manage 
those risks; 
(B) the technologies required for the program have been dem-
onstrated in a relevant laboratory or test environment; and 
(C) the program complies with all relevant policies, regulations, 
and directives of the Administration. 
(2) REPORT.—The Administrator shall transmit a report describing 
the basis for the determination required under paragraph (1) to the 
Committee on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate at least 30 days before entering into a contract for development 
under a major program. 
(3) NONDELEGATION.—The Administrator may not delegate the de-
termination requirement under this subsection, except in cases in which 
the Administrator has a conflict of interest. 
(c) MAJOR PROGRAM ANNUAL REPORTS.— 
(1) REQUIREMENT.—Annually, at the same time as the President’s 
annual budget submission to Congress, the Administrator shall trans-
mit to the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that includes the information required by 
this section for each major program for which the Administration pro-
poses to expend funds in the subsequent fiscal year. Reports under this 
paragraph shall be known as Major Program Annual Reports. 
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