51 U.S.C. § 30307 — Requirement for independent cost anal-

Page 69 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30307 veterans, and HUBZone small business con- cerns. This paragraph shall not apply to any contracting actions entered into or taken by the Administration. (3) CREATING NETWORK OF ECONOMIC DEVELOP- MENT ORGANIZATIONS.—Creating a network of economic development organizations to in- crease the awareness and enhance the effec- tiveness of the program nationwide. (c) REPORT.—Not later than one year after Oc- tober 15, 2008, and annually thereafter, the Ad- ministrator shall submit a report to the Com- mittee on Science and Technology of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate describing the efforts and accomplishments 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 assistance, jobs created and re- tained, and volunteer hours donated by the Administration, contractors, and academic in- stitutions nationwide; (2) an estimate of the total dollar value of the economic impact made by small businesses that received technical assistance through the program; and (3) an accounting of the use of funds appro- priated for the program. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3364.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30305 .......... 42 U.S.C. 17824. Pub. L. 110–422, title XI, § 1107, Oct. 15, 2008, 122 Stat. 4810. In subsection (c), in the matter before paragraph (1), the date ‘‘October 15, 2008’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enact- ment of the National Aeronautics and Space Adminis- tration Authorization Act of 2008. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 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 busi- ness 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 estab- lish as a priority meeting the contracting goals developed in conjunction with the Small Busi- ness Administration to maximize the amount of prime contracts, as measured in dollars, award- ed in each fiscal year by the Administration to small business concerns (within the meaning given that term in section 3 of the Small Busi- ness Act (15 U.S.C. 632)). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30306 .......... 42 U.S.C. 16821. Pub. L. 109–155, title VII, § 707, Dec. 30, 2005, 119 Stat. 2937. § 30307. Requirement for independent cost anal- ysis (a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘implementation’’ means all activity in the life cycle of a project after pre- liminary design, independent assessment of the preliminary design, and approval to proceed into implementation, including critical design, de- velopment, certification, launch, operations, disposal of assets, and, for technology programs, development, testing, analysis, and communica- tion 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 anal- ysis of the project and shall report the results to Congress. In developing cost accounting and re- porting standards for carrying out this section, the Administrator shall, to the extent prac- ticable and consistent with other laws, solicit the advice of experts outside of the Administra- tion. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30307 .......... 42 U.S.C. 2459g. Pub. L. 106–391, title III, § 301, Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title VII, § 704, Dec. 30, 2005, 119 Stat. 2936. In subsection (b), in the first sentence, the words ‘‘the Administrator shall conduct’’ are substituted for ‘‘the Administrator for the National Aeronautics and Space Administration shall conduct’’ to eliminate un- necessary words. In subsection (b), in the last sentence, the word ‘‘ex- perts’’ is substituted for ‘‘expertise’’ for clarity. Statutory Notes and Related Subsidiaries COST ESTIMATION Pub. L. 115–10, title VIII, § 836, Mar. 21, 2017, 131 Stat. 69, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) realistic cost estimating is critically impor- tant to the ultimate success of major space develop- ment projects; and ‘‘(2) the [National Aeronautics and Space] Adminis- tration has devoted significant efforts over the past 5 years to improving its cost estimating capabilities, but it is important that the Administration continue its efforts to develop and implement guidance in es- tablishing realistic cost estimates. ‘‘(b) GUIDANCE AND CRITERIA.—The Administrator [of the National Aeronautics and Space Administration] shall provide to its acquisition programs and projects, in a manner consistent with the Administration’s Space Flight Program and Project Management Re- quirements— Page 70 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30308 1 See References in Text note below. ‘‘(1) guidance on when to use an Independent Cost Estimate and Independent Cost Assessment; and ‘‘(2) criteria to use to make a determination under paragraph (1).’’ § 30308. Cost effectiveness calculations (a) DEFINITIONS.—In this section: (1) COMMERCIAL PROVIDER.—The term ‘‘com- mercial 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 Commonwealth of Puerto Rico, the Virgin Islands, Guam, Amer- ican Samoa, the Commonwealth of the North- ern Mariana Islands, and any other common- wealth, territory, or possession of the United States. (b) IN GENERAL.—Except as otherwise required by law, in calculating 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 ac- tivity. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30308(a) ...... (no source) 30308(b) ...... 42 U.S.C. 2459h. Pub. L. 106–391, title III, § 304, Oct. 30, 2000, 114 Stat. 1592. In subsection (a), definitions of ‘‘commercial pro- vider’’ and ‘‘State’’ are added to carry forward the ap- propriate definitions from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580). § 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 communities that are relatively depressed, in terms of age of housing, extent of poverty, growth of per capita income, extent of unemployment, job lag, or surplus labor. (b) IN GENERAL.—In any case in which the Ad- ministrator considers the purchase, lease, or ex- pansion of a facility to meet requirements of the Administration, the Administrator shall con- sider whether those requirements could be met by the use of one of the following: (1) Abandoned or underutilized buildings, grounds, and facilities in depressed commu- nities that can be converted to Administration 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 in- stallation. (3) Any other facility or part of a facility that the Administrator 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30309 .......... 42 U.S.C. 2473d. Pub. L. 106–391, title III, § 325, Oct. 30, 2000, 114 Stat. 1600. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation authoriza- tion act: Pub. L. 102–588, title II, § 220, Nov. 4, 1992, 106 Stat. 5118. § 30310. Exception to alternative fuel procure- ment requirement Section 526(a) 1 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 fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconven- tional petroleum source, if— (1) the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source; (2) the purpose of the contract is not to ob- tain 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30310 .......... 42 U.S.C. 17827. Pub. L. 110–422, title XI, § 1112, Oct. 15, 2008, 122 Stat. 4811. Editorial Notes REFERENCES IN TEXT Section 526(a) of the Energy Independence and Secu- rity Act of 2007, referred to in text, probably means sec- tion 526 of Pub. L. 110–140, which is classified to section 17142 of Title 42, The Public Health and Welfare, but does not contain subsecs. CHAPTER 305—MANAGEMENT AND REVIEW Sec. 30501. Lessons learned and best practices. 30502. Whistleblower protection. 30503. Performance assessments. 30504. Assessment of science mission extensions.