51 U.S.C. § 30104 — Baselines and cost controls

Page 63 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30104 Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. ESTIMATES OF RECEIPTS AND COLLECTIONS AND PRO- POSED USE OF FUNDS FROM LEASES OF NON-EXCESS PROPERTY Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160, provided in part: ‘‘That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pur- suant to section 20145 of title 51, United States Code.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548. Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 137. Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270. Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418. Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123. Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431. Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214. Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2318. Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203. Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72. Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 263. Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625. Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144. TRANSMISSION OF BUDGET ESTIMATES Pub. L. 102–588, title II, § 210, Nov. 4, 1992, 106 Stat. 5115, provided that: ‘‘The Administrator [of the Na- tional Aeronautics and Space Administration] shall, at the time of submission of the President’s annual budg- et, transmit to the Congress— ‘‘(1) a five-year budget detailing the estimated de- velopment costs for each individual program under the jurisdiction of the National Aeronautics and Space Administration for which development costs are expected to exceed $200,000,000; and ‘‘(2) an estimate of the life-cycle costs associated with each such program.’’ Similar provisions were contained in the following prior appropriation authorization act: Pub. L. 102–195, § 11, Dec. 9, 1991, 105 Stat. 1612. § 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 de- fined in the Administration’s Procedural Re- quirements 7120.5E, dated August 14, 2012. (2) DEVELOPMENT COST.—The term ‘‘develop- ment cost’’ means the total of all costs, in- cluding construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readi- ness, without regard to funding source or man- agement 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, devel- opment, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without re- gard to funding source or management con- trol. (4) MAJOR PROGRAM.—The term ‘‘major pro- gram’’ 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 pro- gram have been demonstrated 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 trans- mit a report describing the basis for the deter- mination 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 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 President’s annual budget submis- sion to Congress, 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 report that includes the information required by this sec- tion for each major program for which the Ad- ministration 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 Pro- gram 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, includ- ing key program milestones; (D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and Page 64 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30104 (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 pro- grams 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 indi- vidual 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 written notification explaining 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 Transpor- tation of the Senate. (e) FIFTEEN PERCENT THRESHOLD.— (1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.—Not later than 30 days after re- ceiving a written notification under sub- section (d)(2), the Administrator shall deter- mine whether the development cost of the pro- gram 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 affirmative, the Adminis- trator shall— (A) transmit to the Committee on Science and Technology of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days after making the de- termination, a report that includes— (i) a description of the increase in cost or delay in schedule and a detailed expla- nation for the increase or delay; (ii) a description of actions taken or pro- posed 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 ac- tions described under clause (ii), will have on any other program within the Adminis- tration; and (B) if the Administrator intends to con- tinue with the program, promptly initiate an analysis of the program, which shall in- clude, at a minimum— (i) the projected cost and schedule for completing the program if current require- ments of the program are not modified; (ii) the projected cost and the schedule for completing the program after insti- tuting the actions described under sub- paragraph (A)(ii); and (iii) a description of, and the projected cost and schedule for, a broad range of al- ternatives to the program. (2) COMPLETION OF ANALYSIS AND TRANS- MITTAL TO COMMITTEES.—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 Rep- resentatives and Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after its completion. (f) THIRTY PERCENT THRESHOLD.—If the Ad- ministrator determines under subsection (e) that the development cost of a program will ex- ceed the estimate provided in the Baseline Re- port of the program by more than 30 percent, then, beginning 18 months after the date the Ad- ministrator transmits 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 subse- quently authorized continuation of the program by law. An appropriation for the specific pro- gram enacted subsequent to a report being transmitted shall be considered an authoriza- tion for purposes of this subsection. If the pro- gram is continued, the Administrator shall sub- mit 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3360; Pub. L. 115–10, title VIII, § 828, Mar. 21, 2017, 131 Stat. 66.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30104 .......... 42 U.S.C. 16613. Pub. L. 109–155, title I, § 103, Dec. 30, 2005, 119 Stat. 2907. In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representa- tives, adopted by House Resolution No. 6 (110th Con- gress, January 5, 2007). Editorial Notes AMENDMENTS 2017—Subsec. (a)(1). Pub. L. 115–10 substituted ‘‘Pro- cedural Requirements 7120.5E, dated August 14, 2012’’ for ‘‘Procedural Requirements 7120.5c, dated March 22, 2005’’. Page 65 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30104 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. 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 re- quirement. Statutory Notes and Related Subsidiaries ONE SMALL STEP TO PROTECT HUMAN HERITAGE IN SPACE Pub. L. 116–275, Dec. 31, 2020, 134 Stat. 3358, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘One Small Step to Protect Human Heritage in Space Act’. ‘‘SEC. 2. FINDINGS; SENSE OF CONGRESS. ‘‘(a) Findings.—Congress makes the following find- ings: ‘‘(1) On July 16, 1969, the Apollo 11 spacecraft launched from the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin E. ‘Buzz’ Aldrin, Jr., and Michael Collins. ‘‘(2) July 20, 2019, marked the 50th anniversary of the date on which the Apollo 11 spacecraft landed on the Moon and Neil Armstrong and Buzz Aldrin be- came the first humans to set foot on a celestial body off the Earth. ‘‘(3) The landing of the Apollo 11 spacecraft and hu- manity’s first off-world footprints are achievements unparalleled in history, a direct product of the work and perseverance of the more than 400,000 individuals who contributed to the development of the Apollo missions on the shoulders of centuries of science and engineering pioneers from all corners of the world. ‘‘(4) Among the thousands of individuals who have contributed to the achievements of the National Aer- onautics and Space Administration (in this section referred to as ‘NASA’) are African-American women such as Katherine Johnson, Dorothy Vaughn, Mary Jackson, and Dr. Christine Darden, who made critical contributions to NASA space programs. Katherine Johnson worked at NASA for 35 years and calculated the trajectory of the Apollo 11 landing and the trajec- tories for the spaceflights of astronauts Alan Shepard and John Glenn. Katherine Johnson, together with many other individuals the work of whom often went unacknowledged, helped broaden the scope of space travel and charted new frontiers for humanity’s ex- ploration of space. ‘‘(5) The landing of the Apollo 11 spacecraft was made on behalf of all humankind, and Neil Armstrong and Buzz Aldrin were accompanied by messages of peace from the leaders of more than 70 countries. ‘‘(6) The lunar landing sites of the Apollo 11 space- craft, the robotic spacecraft that preceded the Apollo 11 mission, and the crewed and robotic spacecraft that followed, are of outstanding universal value to humanity. ‘‘(7) Such landing sites— ‘‘(A) are the first archaeological sites with human activity that are not on Earth; ‘‘(B) provide evidence of the first achievements of humankind in the realm of space travel and explo- ration; and ‘‘(C) contain artifacts and other evidence of human exploration activities that remain a poten- tial source of cultural, historical, archaeological, anthropological, scientific, and engineering knowl- edge. ‘‘(8) On July 20, 2011, NASA published the voluntary guidance entitled ‘NASA’s Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts’. ‘‘(9) In March 2018, the Office of Science and Tech- nology Policy published a report entitled ‘Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts’. ‘‘(10) Article one of the ‘Treaty on Principles Gov- erning the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Ce- lestial Bodies,’ commonly known as the ‘Outer Space Treaty,’ states ‘[o]uter space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.’ ‘‘(11) Article eight of the Outer Space Treaty states, ‘[a] State Party to the Treaty on whose registry an object launched into outer space is carried shall re- tain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth.’ ‘‘(12) Article nine of the Outer Space Treaty states, ‘[i]n the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-oper- ation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the cor- responding interests of all other States Parties to the Treaty,’ and continues, ‘[i]f a State Party to the Treaty has reason to believe that an activity or ex- periment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful ex- ploration and use of outer space, including the moon and other celestial bodies, it shall undertake appro- priate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an ac- tivity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the ac- tivity or experiment. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) as commercial enterprises and more countries acquire the ability to land on the Moon, it is nec- essary to encourage the development of best practices to respect the principle of due regard and to limit harmful interference to the Apollo landing site arti- facts in acknowledgment of the human effort and in- novation they represent, as well as their archae- ological, anthropological, historical, scientific, and engineering significance and value; and ‘‘(2) the Administrator of the National Aeronautics and Space Administration should continue to develop best practices to respect the principle of due regard