H. R. 3237—28 
(2) provide, by way of grant, contract, scholarships, or other 
arrangements, to the maximum extent practicable and con-
sistent with other laws, for the widest practicable and appro-
priate participation of the scientific and engineering community 
in the program authorized by this subchapter; and 
(3) make all results of the program authorized by this sub-
chapter available to the appropriate regulatory agencies and 
provide for the widest practicable dissemination of such results. 
§ 20164. International cooperation 
In carrying out the provisions of this subchapter, the Administra-
tion, subject to the direction of the President and after consultation 
with the Secretary of State, shall make every effort to enlist the 
support and cooperation of appropriate scientists and engineers 
of other countries and international organizations. 
CHAPTER 203—RESPONSIBILITIES AND VISION 
Sec. 
20301.
General responsibilities. 
20302.
Vision for space exploration. 
20303.
Contribution to innovation. 
20304.
Basic research enhancement. 
20305.
National Academies decadal surveys. 
§ 20301. General responsibilities 
(a) PROGRAMS.—The Administrator shall ensure that the Adminis-
tration carries out a balanced set of programs that shall include, 
at a minimum, programs in— 
(1) human space flight, in accordance with section 20302 
of this title; 
(2) aeronautics research and development; and 
(3) scientific research, which shall include, at a minimum— 
(A) robotic missions to study the Moon and other planets 
and their moons, and to deepen understanding of 
astronomy, astrophysics, and other areas of science that 
can be productively studied from space; 
(B) Earth science research and research on the Sun- 
Earth connection through the development and operation 
of research satellites and other means; 
(C) support of university research in space science, Earth 
science, and microgravity science; and 
(D) research on microgravity, including research that 
is not directly related to human exploration. 
(b) CONSULTATION AND COORDINATION.—In carrying out the pro-
grams of the Administration, the Administrator shall— 
(1) consult and coordinate to the extent appropriate with 
other relevant Federal agencies, including through the National 
Science and Technology Council; 
(2) work closely with the private sector, including by— 
(A) encouraging the work of entrepreneurs who are 
seeking to develop new means to launch satellites, crew, 
or cargo; 
(B) contracting with the private sector for crew and cargo 
services, including to the International Space Station, to 
the extent practicable;
H. R. 3237—29 
(C) using commercially available products (including soft-
ware) and services to the extent practicable to support 
all Administration activities; and 
(D) encouraging commercial use and development of 
space to the greatest extent practicable; and 
(3) involve other nations to the extent appropriate. 
§ 20302. Vision for space exploration 
(a) IN GENERAL.—The Administrator shall establish a program 
to develop a sustained human presence on the Moon, including 
a robust precursor program, to promote exploration, science, com-
merce, and United States preeminence in space, and as a stepping- 
stone to future exploration of Mars and other destinations. The 
Administrator is further authorized to develop and conduct appro-
priate international collaborations in pursuit of these goals. 
(b) MILESTONES.—The Administrator shall manage human space 
flight programs to strive to achieve the following milestones (in 
conformity with section 70502 of this title): 
(1) Returning Americans to the Moon no later than 2020. 
(2) Launching the Crew Exploration Vehicle as close to 2010 
as possible. 
(3) Increasing knowledge of the impacts of long duration 
stays in space on the human body using the most appropriate 
facilities available, including the International Space Station. 
(4) Enabling humans to land on and return from Mars and 
other destinations on a timetable that is technically and fiscally 
possible. 
§ 20303. Contribution to innovation 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The Administra-
tion shall be a full participant in any interagency effort to promote 
innovation and economic competitiveness through near-term and 
long-term basic scientific research and development and the pro-
motion of science, technology, engineering, and mathematics edu-
cation, consistent with the Administration’s mission, including 
authorized activities. 
(b) HISTORIC FOUNDATION.—In order to carry out the participation 
described in subsection (a), the Administrator shall build on the 
historic role of the Administration in stimulating excellence in 
the advancement of physical science and engineering disciplines 
and in providing opportunities and incentives for the pursuit of 
academic studies in science, technology, engineering, and mathe-
matics. 
(c) BALANCED SCIENCE PROGRAM
AND ROBUST AUTHORIZATION 
LEVELS.—The balanced science program authorized by section 
101(d) of the National Aeronautics and Space Administration 
Authorization Act of 2005 (42 U.S.C. 16611(d)) shall be an element 
of the contribution by the Administration to the interagency pro-
grams. 
(d) ANNUAL REPORT.— 
(1) REQUIREMENT.—The Administrator shall submit to Con-
gress and the President an annual report describing the activi-
ties conducted pursuant to this section, including a description 
of the goals and the objective metrics upon which funding 
decisions were made. 
(2) CONTENT.—Each report submitted pursuant to paragraph 
(1) 
shall 
include, 
with 
regard 
to 
science, 
technology,
H. R. 3237—30 
engineering, and mathematics education programs, at a min-
imum, the following: 
(A) A description of each program. 
(B) The amount spent on each program. 
(C) The number of students or teachers served by each 
program. 
§ 20304. Basic research enhancement 
(a) DEFINITION OF BASIC RESEARCH.—In this section, the term 
‘‘basic research’’ has the meaning given the term in Office of 
Management and Budget Circular No. A–11. 
(b) COORDINATION.—The Administrator, the Director of the 
National Science Foundation, the Secretary of Energy, the Secretary 
of Defense, and the Secretary of Commerce shall, to the extent 
practicable, coordinate basic research activities related to physical 
sciences, technology, engineering, and mathematics. 
§ 20305. National Academies decadal surveys 
(a) IN GENERAL.—The Administrator shall enter into agreements 
on a periodic basis with the National Academies for independent 
assessments, also known as decadal surveys, to take stock of the 
status and opportunities for Earth and space science discipline 
fields and Aeronautics research and to recommend priorities for 
research and programmatic areas over the next decade. 
(b) INDEPENDENT COST ESTIMATES.—The agreements described 
in subsection (a) shall include independent estimates of the life 
cycle costs and technical readiness of missions assessed in the 
decadal surveys whenever possible. 
(c) REEXAMINATION.—The Administrator shall request that each 
National Academies decadal survey committee identify any condi-
tions or events, such as significant cost growth or scientific or 
technological advances, that would warrant the Administration 
asking the National Academies to reexamine the priorities that 
the decadal survey had established. 
Subtitle III—Administrative Provisions 
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 
ACCOUNTING 
Sec. 
30101.
Prior authorization of appropriations required. 
30102.
Working capital fund. 
30103.
Budgets. 
30104.
Baselines and cost controls. 
§ 30101. Prior authorization of appropriations required 
Notwithstanding the provisions of any other law, no appropriation 
may be made to the Administration unless previously authorized 
by legislation enacted by Congress. 
§ 30102. Working capital fund 
(a) ESTABLISHMENT.—There is hereby established in the United 
States Treasury an Administration working capital fund. 
(b) AVAILABILITY OF AMOUNTS.—
H. R. 3237—31 
(1) IN
GENERAL.—Amounts in the fund are available for 
financing activities, services, equipment, information, and facili-
ties as authorized by law to be provided— 
(A) within the Administration; 
(B) to other agencies or instrumentalities of the United 
States; 
(C) to any State, territory, or possession or political sub-
division thereof; 
(D) to other public or private agencies; or 
(E) to any person, firm, association, corporation, or edu-
cational institution on a reimbursable basis. 
(2) CAPITAL REPAIRS.—The fund shall also be available for 
the purpose of funding capital repairs, renovations, rehabilita-
tion, sustainment, demolition, or replacement of Administration 
real property, on a reimbursable basis within the Administra-
tion. 
(3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are 
available 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 Adminis-
trator 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 operation, 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 Inter-
national 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; 
(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.
H. R. 3237—32 
(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 Rep-
resentatives or the Committee on Commerce, Science, and Transpor-
tation of the Senate— 
(1) information on corporate and center general and adminis-
trative 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 annual budget request to Congress; 
(B) the amount of funds being allocated for those pur-
poses for each center, for headquarters, and for each direc-
torate; and 
(C) the major activities included in each cost category; 
and 
(2) the figures on the amount of unobligated funds and unex-
pended funds, by appropriations account— 
(A) that remained at the end of the fiscal year prior 
to the fiscal 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 presented; 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 
Administration shall provide, at a minimum, the following informa-
tion in its annual budget justification: 
(1) The actual, current, proposed funding level, and estimated 
budgets for the next 5 fiscal years by directorate, theme, pro-
gram, 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 actual, current, proposed funding level, and estimated 
budgets for the next 5 fiscal years; 
(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 headquarters office, and any division thereof, including 
the number of Senior Executive Service, noncareer, 
detailee, and contract personnel per office. 
(4) Within 14 days of the submission of the budget to Con-
gress an accompanying volume shall be provided to the Commit-
tees on Appropriations 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 esti-
mated budgets for the next 5 fiscal years by directorate, 
theme, program, project, and activity. 
(B) The proposed programmatic and non-programmatic 
construction of facilities.
H. R. 3237—33 
(C) The number of civil service full time equivalent posi-
tions per center for each identified fiscal year. 
(D) The number of civil service full time equivalent posi-
tions considered to be uncovered capacity at each location 
for each identified fiscal year. 
(5) The proposed budget as designated by object class for 
each directorate, theme, and program. 
(6) Sufficient narrative shall be provided to explain the 
request for each program, project, and activity, and an expla-
nation for any deviation to previously adopted baselines for 
all justification materials provided to the Committees. 
(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS 
RELATED 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 approval 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 implementation through the achievement of oper-
ational readiness, without regard to funding source or manage-
ment control, for the life of the program. 
(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 expenses incurred or estimated to be incurred 
in the design, development, verification, production, operation, 
maintenance, support, and retirement of a program over its 
planned lifespan, without regard to funding source or manage-
ment control. 
(4) MAJOR PROGRAM.—The term ‘‘major program’’ means an 
activity 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 contract 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 
demonstrated in a relevant laboratory or test environment; 
and 
(C) the program complies with all relevant policies, regu-
lations, and directives of the Administration. 
(2) REPORT.—The Administrator shall transmit a report 
describing the basis for the determination required under para-
graph (1) to the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce,
H. R. 3237—34 
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 determination 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 Presi-
dent’s annual budget submission to Congress, the Administrator 
shall transmit to the Committee on Science and Technology 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report that 
includes the information required by this section for each major 
program for which the Administration proposes to expend funds 
in the subsequent fiscal year. Reports under this paragraph 
shall be known as Major Program Annual Reports. 
(2) BASELINE
REPORT.—The first Major Program Annual 
Report for each major program shall include a Baseline Report 
that shall, at a minimum, include— 
(A) the purposes of the program and key technical 
characteristics necessary to fulfill those purposes; 
(B) an estimate of the life-cycle cost for the program, 
with a detailed breakout of the development cost, program 
reserves, and an estimate of the annual costs until develop-
ment is completed; 
(C) the schedule for development, including key program 
milestones; 
(D) the plan for mitigating technical, cost, and schedule 
risks identified in accordance with subsection (b)(1)(A); and 
(E) the name of the person responsible for making 
notifications under subsection (d), who shall be an indi-
vidual whose primary responsibility is overseeing the pro-
gram. 
(3) INFORMATION UPDATES.—For major programs for which 
a Baseline Report has been submitted, each subsequent Major 
Program Annual Report shall describe any changes to the 
information that had been provided in the Baseline Report, 
and the reasons for those changes. 
(d) NOTIFICATION.— 
(1) REQUIREMENT.—The individual identified under sub-
section (c)(2)(E) shall immediately notify the Administrator any 
time that individual has reasonable cause to believe that, for 
the major program for which he or she is responsible— 
(A) the development cost of the program is likely to 
exceed the estimate provided in the Baseline Report of 
the program by 15 percent or more; or 
(B) a milestone of the program is likely to be delayed 
by 6 months or more from the date provided for it in 
the Baseline Report of the program. 
(2) REASONS.—Not later than 30 days after the notification 
required under paragraph (1), the individual identified under 
subsection (c)(2)(E) shall transmit to the Administrator a writ-
ten notification explaining the reasons for the change in the 
cost or milestone of the program for which notification was 
provided under paragraph (1).
H. R. 3237—35 
(3) NOTIFICATION OF CONGRESS.—Not later than 15 days after 
the Administrator receives a written notification under para-
graph (2), the Administrator shall transmit the notification 
to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate. 
(e) FIFTEEN PERCENT THRESHOLD.— 
(1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.— 
Not later than 30 days after receiving a written notification 
under subsection (d)(2), the Administrator shall determine 
whether the development cost of the program is likely to exceed 
the estimate provided in the Baseline Report of the program 
by 15 percent or more, or whether a milestone is likely to 
be delayed by 6 months or more. If the determination is affirma-
tive, the Administrator shall— 
(A) transmit to the Committee on Science and Technology 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, not 
later than 15 days after making the determination, a report 
that includes— 
(i) a description of the increase in cost or delay 
in schedule and a detailed explanation for the increase 
or delay; 
(ii) a description of actions taken or proposed to 
be taken in response to the cost increase or delay; 
and 
(iii) a description of any impacts the cost increase 
or schedule delay, or the actions described under clause 
(ii), will have on any other program within the 
Administration; and 
(B) if the Administrator intends to continue with the 
program, promptly initiate an analysis of the program, 
which shall include, at a minimum— 
(i) the projected cost and schedule for completing 
the program if current requirements of the program 
are not modified; 
(ii) the projected cost and the schedule for completing 
the program after instituting the actions described 
under subparagraph (A)(ii); and 
(iii) a description of, and the projected cost and 
schedule for, a broad range of alternatives to the pro-
gram. 
(2) COMPLETION OF ANALYSIS AND TRANSMITTAL TO COMMIT-
TEES.—The Administration shall complete an analysis initiated 
under paragraph (1)(B) not later than 6 months after the 
Administrator makes a determination under this subsection. 
The Administrator shall transmit the analysis to the Committee 
on Science and Technology of the House of Representatives 
and Committee on Commerce, Science, and Transportation of 
the Senate not later than 30 days after its completion. 
(f) THIRTY PERCENT THRESHOLD.—If the Administrator deter-
mines under subsection (e) that the development cost of a program 
will exceed the estimate provided in the Baseline Report of the 
program by more than 30 percent, then, beginning 18 months 
after the date the Administrator transmits a report under sub-
section (e)(1)(A), the Administrator shall not expend any additional 
funds on the program, other than termination costs, unless Congress
H. R. 3237—36 
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 pro-
viding 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 submitted to Congress as provided in sub-
section (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 Adminis-
trator has submitted a copy of the provision permitting such exclu-
sion to Congress at least 60 days before entering into the contract. 
§ 30303. Tracking and data relay satellite services 
(a) CONTRACTS.—The Administration is authorized, when so pro-
vided 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 Administration 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 Government-owned lands if there is included
H. R. 3237—37 
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 Committee on Appropriations of the House of Representa-
tives and the Committee 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 Administration 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 authorized 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 disadvantaged 
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 Histori-
cally Black Colleges and Universities that are part B institutions 
(as defined 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 defined in section 316(b)(3) of that Act (20 
U.S.C. 1059c(b)(3))), Alaska Native-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 educational institu-
tions (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, aero-
space contractors, and academic institutions to carry out a program 
to help promote the competitiveness of small, minority-owned, and 
women-owned businesses in communities across the United States 
through enhanced insight into the technologies of the Administra-
tion’s space and aeronautics programs. The program shall support 
the mission of the Administration’s Innovative Partnerships Pro-
gram 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 Administration’s Innovative Partnerships Program by under-
taking the following activities: 
(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 
institutions, aerospace contractors, and Administration centers
H. R. 3237—38 
that will commit to donating appropriate technical assistance 
to small businesses, giving preference to socially and economi-
cally disadvantaged small business concerns, small business 
concerns owned and controlled by service-disabled veterans, 
and HUBZone small business concerns. This paragraph shall 
not apply to any contracting actions entered into or taken 
by the Administration. 
(3) 
CREATING
NETWORK
OF
ECONOMIC
DEVELOPMENT 
ORGANIZATIONS.—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 annually thereafter, the Administrator shall submit a report 
to the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts and accomplish-
ments of the program established under subsection (a) in support 
of the Administration’s Innovative Partnerships Program. As part 
of the report, the Administrator shall provide— 
(1) data on the number of small businesses receiving assist-
ance, jobs created and retained, and volunteer hours donated 
by the Administration, contractors, and academic institutions 
nationwide; 
(2) an estimate of the total dollar value of the economic 
impact made by small businesses that received technical assist-
ance through the program; 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 Administra-
tion, 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 Administration 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 
‘‘implementation’’ means all activity in the life cycle of a project 
after preliminary design, independent assessment of the prelimi-
nary design, and approval to proceed into implementation, including 
critical design, development, certification, launch, operations, dis-
posal of assets, and, for technology programs, development, testing, 
analysis, and communication of the results. 
(b) REQUIREMENT.—Before any funds may be obligated for 
implementation 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 Congress. In developing cost
H. R. 3237—39 
accounting and reporting standards for carrying out this section, 
the Administrator shall, to the extent practicable and consistent 
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. 
(2) STATE.—The term ‘‘State’’ means each of the several States 
of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, 
and any other commonwealth, territory, or possession of the 
United States. 
(b) IN GENERAL.—Except as otherwise required by law, in calcu-
lating the cost effectiveness of the cost of the Administration 
engaging in an activity as compared to a commercial provider, 
the Administrator shall compare the cost of the Administration 
engaging in the activity using full cost accounting principles with 
the price the commercial provider will charge for such activity. 
§ 30309. Use of abandoned and underutilized buildings, 
grounds, and facilities 
(a) DEFINITION
OF DEPRESSED COMMUNITIES.—In this section, 
the term ‘‘depressed communities’’ means rural and urban commu-
nities that are relatively depressed, in terms of age of housing, 
extent of poverty, growth of per capita income, extent of unemploy-
ment, job lag, or surplus labor. 
(b) IN GENERAL.—In any case in which the Administrator con-
siders the purchase, lease, or expansion of a facility to meet require-
ments of the Administration, the Administrator shall consider 
whether those requirements could be met by the use of one of 
the following: 
(1) Abandoned or underutilized buildings, grounds, and facili-
ties in depressed communities that can be converted to Adminis-
tration usage at a reasonable cost, as determined by the 
Administrator. 
(2) Any military installation that is closed or being closed, 
or any facility at such an installation. 
(3) Any other facility or part of a facility that the Adminis-
trator determines to be— 
(A) owned or leased by the United States for the use 
of another agency of the Federal Government; and 
(B) considered by the head of the agency involved to 
be— 
(i) excess to the needs of that agency; or 
(ii) underutilized by that agency. 
§ 30310. Exception to alternative fuel procurement require-
ment 
Section 526(a) of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17142(a)) does not prohibit the Administration 
from entering into a contract to purchase a generally available
H. R. 3237—40 
fuel that is not an alternative or synthetic fuel or predominantly 
produced from a nonconventional petroleum source, if— 
(1) the contract does not specifically require the contractor 
to provide an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; 
(2) the purpose of the contract is not to obtain an alternative 
or synthetic fuel or fuel from a nonconventional petroleum 
source; and 
(3) the contract does not provide incentives for a refinery 
upgrade or expansion to allow a refinery to use or increase 
its use of fuel from a nonconventional petroleum source. 
CHAPTER 305—MANAGEMENT AND REVIEW 
Sec. 
30501.
Lessons learned and best practices. 
30502.
Whistleblower protection. 
30503.
Performance assessments. 
30504.
Assessment of science mission extensions. 
§ 30501. Lessons learned and best practices 
(a) IN GENERAL.—The Administrator shall transmit to the Com-
mittee on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate an implementation plan describing the Administration’s 
approach for obtaining, implementing, and sharing lessons learned 
and best practices for its major programs and projects not later 
than 180 days after December 30, 2005. The implementation plan 
shall be updated and maintained to ensure that it is current and 
consistent with the burgeoning culture of learning and safety that 
is emerging at the Administration. 
(b) REQUIRED CONTENT.—The implementation plan shall contain 
at a minimum the lessons learned and best practices requirements 
for the Administration, the organizations or positions responsible 
for enforcement of the requirements, the reporting structure, and 
the objective performance measures indicating the effectiveness of 
the activity. 
(c) INCENTIVES.—The Administrator shall provide incentives to 
encourage sharing and implementation of lessons learned and best 
practices by employees, projects, and programs, as well as penalties 
for programs and projects that are determined not to have dem-
onstrated use of those resources. 
§ 30502. Whistleblower protection 
(a) IN GENERAL.—Not later than 1 year after December 30, 2005, 
the Administrator shall transmit to the Committee on Science and 
Technology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a plan 
describing steps to be taken by the Administration to protect from 
retaliation Administration employees who raise concerns about 
substantial and specific dangers to public health and safety or 
about substantial and specific factors that could threaten the suc-
cess of a mission. The plan shall be designed to ensure that Adminis-
tration employees have the full protection required by law. The 
Administrator shall implement the plan not more than 1 year 
after its transmittal.
H. R. 3237—41 
(b) GOAL.—The Administrator shall ensure that the plan describes 
a system that will protect employees who wish to raise or have 
raised concerns described in subsection (a). 
(c) PLAN.—At a minimum, the plan shall include, consistent with 
Federal law— 
(1) a reporting structure that ensures that the officials who 
are the subject of a whistleblower’s complaint will not learn 
the identity of the whistleblower; 
(2) a single point to which all complaints can be made without 
fear of retribution; 
(3) procedures to enable the whistleblower to track the status 
of the case; 
(4) activities to educate employees about their rights as 
whistleblowers and how they are protected by law; 
(5) activities to educate employees about their obligations 
to report concerns and their accountability before and after 
receiving the results of the investigations into their concerns; 
and 
(6) activities to educate all appropriate Administration 
Human Resources professionals, and all Administration man-
agers and supervisors, regarding personnel laws, rules, and 
regulations. 
(d) REPORT.—Not later than February 15 of each year beginning 
February 15, 2007, the Administrator shall transmit a report to 
the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the concerns described in subsection 
(a) that were raised during the previous fiscal year. At a minimum, 
the report shall provide— 
(1) the number of concerns that were raised, divided into 
the categories of safety and health, mission assurance, and 
mismanagement, and the disposition of those concerns, 
including whether any employee was disciplined as a result 
of a concern having been raised; and 
(2) any recommendations for reforms to further prevent ret-
ribution against employees who raise concerns. 
§ 30503. Performance assessments 
(a) IN GENERAL.—The performance of each division in the Science 
directorate of the Administration shall be reviewed and assessed 
by the National Academy of Sciences at 5-year intervals. 
(b) TIMING.—Beginning with the first fiscal year following 
December 30, 2005, the Administrator shall select at least one 
division for review under this section. The Administrator shall 
select divisions so that all disciplines will have received their first 
review within 6 fiscal years of December 30, 2005. 
(c) REPORTS.—Not later than March 1 of each year, beginning 
with the first fiscal year after December 30, 2005, the Administrator 
shall transmit a report to the Committee on Science and Technology 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate— 
(1) setting forth in detail the results of any external review 
under subsection (a); 
(2) setting forth in detail actions taken by the Administration 
in response to any external review; and