HR 3237 RFS 
(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 characteris-
tics 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 development is completed; 
(C) the schedule for development, including key program mile-
stones; 
(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 individual whose primary re-
sponsibility is overseeing the program. 
(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 subsection 
(c)(2)(E) shall immediately notify the Administrator any time that in-
dividual 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 Re-
port 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 written notification ex-
plaining the reasons for the change in the cost or milestone of the pro-
gram for which notification was provided under paragraph (1). 
(3) NOTIFICATION OF CONGRESS.—Not later than 15 days after the 
Administrator receives a written notification under paragraph (2), the 
Administrator shall transmit the notification to the Committee on 
Science and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate. 
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HR 3237 RFS 
(e) FIFTEEN PERCENT THRESHOLD.— 
(1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.—Not 
later than 30 days after receiving a written notification under sub-
section (d)(2), the Administrator shall determine whether the develop-
ment 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 deter-
mination is affirmative, 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 sched-
ule 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 pro-
gram if current requirements of the program are not modi-
fied; 
(ii) the projected cost and the schedule for completing the 
program after instituting the actions described under sub-
paragraph (A)(ii); and 
(iii) a description of, and the projected cost and schedule 
for, a broad range of alternatives to the program. 
(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 com-
pletion. 
(f) THIRTY PERCENT THRESHOLD.—If the Administrator determines 
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 
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HR 3237 RFS 
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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HR 3237 RFS 
§ 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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