51 U.S.C. § 30305 — Outreach program

Page 68 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30304 cilities which may be required in the perform- ance of the contract may be constructed on Gov- ernment-owned lands if there is included in the contract a provision under which the Govern- ment may acquire title to the facilities, under terms and conditions agreed upon in the con- tract, upon termination of the contract. (b) REPORTS TO CONGRESS.—The Administrator shall in January of each year report to the Com- mittee on Science and Technology and the Com- mittee on Appropriations of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Govern- ment under termination provisions of any con- tract authorized in this section through the next fiscal year. The authority of the Administration to enter into and to maintain the contract au- thorized hereunder shall remain in effect unless repealed by legislation enacted by Congress. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30303(a) ...... 42 U.S.C. 2463 (1st par.). Pub. L. 95–76, § 6, July 30, 1977, 91 Stat. 315; Pub. L. 103–437, § 15(c)(3), Nov. 2, 1994, 108 Stat. 4592. 30303(b) ...... 42 U.S.C. 2463 (last par.). In subsection (b), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on Science, Space, and Technology’’ on authority of sec- tion 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Represent- atives, adopted by House Resolution No. 5 (106th Con- gress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Reso- lution No. 6 (110th Congress, January 5, 2007). In subsection (b), the word ‘‘hereafter’’ is omitted as unnecessary. 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. § 30304. Award of contracts to small businesses and disadvantaged 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 sta- tion 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 Historically Black Colleges and Universities that are part B institutions (as defined in sec- tion 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 Univer- sities (as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving in- stitutions (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 institutions (as defined by the Secretary of Education pursuant to the Gen- eral Education Provisions Act (20 U.S.C. 1221 et seq.)). (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) 30304 .......... 42 U.S.C. 2473b (1st par.). Pub. L. 101–144, title III, (1st par. under heading ‘‘Small and Disadvantaged Busi- ness’’, at 103 Stat. 863), Nov. 9, 1989, 103 Stat. 863; Pub. L. 109–155, title VI, § 611, Dec. 30, 2005, 119 Stat. 2932. The word ‘‘Alaska’’ is substituted for ‘‘Alaskan’’ in the phrase ‘‘Alaska Native-serving institutions (as de- fined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2)))’’ for consistency with the term defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)). Editorial Notes REFERENCES IN TEXT The General Education Provisions Act, referred to in text, is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§ 1221 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1221 of Title 20 and Tables. § 30305. Outreach program (a) ESTABLISHMENT.—The Administration shall competitively select an organization to partner with Administration centers, aerospace contrac- tors, and academic institutions to carry out a program to help promote the competitiveness of small, minority-owned, and women-owned busi- nesses in communities across the United States through enhanced insight into the technologies of the Administration’s space and aeronautics programs. The program shall support the mis- sion of the Administration’s Innovative Partner- ships Program with its emphasis on joint part- nerships with industry, academia, government agencies, and national laboratories. (b) PROGRAM STRUCTURE.—In carrying out the program described in subsection (a), the organi- zation shall support the mission of the Adminis- tration’s Innovative Partnerships Program by undertaking the following activities: (1) FACILITATING ENHANCED INSIGHT.—Facili- tating the enhanced insight of the private sec- tor 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 contrac- tors, and Administration centers that will commit to donating appropriate technical as- sistance to small businesses, giving preference to socially and economically disadvantaged small business concerns, small business con- cerns owned and controlled by service-disabled 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—