51 U.S.C. § 30103 — Budgets

Page 61 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30103 Council planetary decadal survey and shall follow the decadal survey’s recommended decision rules regarding program implementation, including a strict adherence to the recommendation that NASA include in a bal- anced program a flagship class mission, which may be executed in cooperation with one or more international partners, if such mission can be appropriately de- scoped and all NASA costs for such mission can be ac- commodated within the overall funding levels appro- priated by Congress’’. Subtitle III—Administrative Provisions CHAPTER 301—APPROPRIATIONS, BUDGETS, AND ACCOUNTING Sec. 30101. Prior authorization of appropriations re- quired. 30102. Working capital fund. 30103. Budgets. 30104. Baselines and cost controls. § 30101. Prior authorization of appropriations re- quired Notwithstanding the provisions of any other law, no appropriation may be made to the Ad- ministration unless previously authorized by legislation enacted by Congress. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30101 .......... 42 U.S.C. 2460. Pub. L. 86–45, § 4, June 15, 1959, 73 Stat. 75. The word ‘‘hereafter’’ is omitted as unnecessary. § 30102. Working capital fund (a) ESTABLISHMENT.—There is hereby estab- lished in the United States Treasury an Admin- istration working capital fund. (b) AVAILABILITY OF AMOUNTS.— (1) IN GENERAL.—Amounts in the fund are available for financing activities, services, equipment, information, and facilities as au- thorized 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 subdivision thereof; (D) to other public or private agencies; or (E) to any person, firm, association, cor- poration, or educational institution on a re- imbursable basis. (2) CAPITAL REPAIRS.—The fund shall also be available for the purpose of funding capital re- pairs, renovations, rehabilitation, sustainment, demolition, or replacement of Administration real property, on a reimburs- able basis within the Administration. (3) INFORMATION TECHNOLOGY (IT) MODERNIZA- TION.—The fund shall also be available for the purpose of funding IT Modernization activi- ties, as described in section 1077(b)(3)(A)–(E) of Public Law 115–91, on a non-reimbursable basis. (4) 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 Administrator transfers to the fund, less the related liabilities and unpaid obligations; (3) payments received for loss or damage to property of the fund; and (4) refunds or rebates received on an on- going basis from a credit card services pro- vider under the National Aeronautics and Space Administration’s credit card programs. (d) REIMBURSEMENT.—The fund shall be reim- bursed, in advance, for supplies and services at rates that will approximate the expenses of op- eration, such as the accrual of annual leave, de- preciation of plant, property, and equipment, and overhead. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357; Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 264; Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4549.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30102 .......... 42 U.S.C. 2459i. Pub. L. 108–7, div. K, title III, (last par. under head- ing ‘‘Administrative Pro- visions’’, at 117 Stat. 520), Feb. 20, 2003, 117 Stat. 520. Editorial Notes REFERENCES IN TEXT Section 1077(b)(3)(A)–(E) of Public Law 115–91, re- ferred to in subsec. (b)(3), is section 1077(b)(3)(A)–(E) of Pub. L. 115–91, div. A, title X, subtitle G, Dec. 12, 2017, 131 Stat. 1587, which is set out in a note under section 11301 of Title 40, Public Buildings, Property, and Works. AMENDMENTS 2022—Subsec. (b)(3), (4). Pub. L. 117–328 added par. (3) and redesignated former par. (3) as (4). 2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4). § 30103. Budgets (a) CATEGORIES.—The proposed budget for the Administration submitted by the President for each fiscal year shall be accompanied by docu- ments showing— (1) by program— (A) the budget for space operations, in- cluding the International 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 pro- grams; (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; Page 62 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30103 (5) the total budget for the prize program under section 20144 of this title, and the ad- ministrative budget for that program; and (6) the comparable figures for at least the 2 previous fiscal years for each item in the pro- posed budget. (b) ADDITIONAL BUDGET INFORMATION UPON RE- QUEST BY COMMITTEES.—The Administration shall make available, upon request from the Committee on Science and Technology of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate— (1) information on corporate and center gen- eral and administrative costs and service pool costs, including— (A) the total amount of funds being allo- cated for those purposes for any fiscal year for which the President has submitted an an- nual budget request to Congress; (B) the amount of funds being allocated for those purposes for each center, for head- quarters, and for each directorate; and (C) the major activities included in each cost category; and (2) the figures on the amount of unobligated funds and unexpended 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 car- ried 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 JUSTIFICA- TION.—The Administration shall provide, at a minimum, the following information in its an- nual budget justification: (1) The actual, current, proposed funding level, and estimated budgets for the next 5 fis- cal years by directorate, theme, program, project and activity within each appropria- tions account. (2) The proposed programmatic and non-pro- grammatic 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 Congress an accompanying volume shall be provided to the Committees on Appro- priations containing the following information for each center, facility managed by any cen- ter, and federally funded research and develop- ment center operated on behalf of the Admin- istration: (A) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project, and activity. (B) The proposed programmatic and non- programmatic construction of facilities. (C) The number of civil service full time equivalent positions per center for each identified fiscal year. (D) The number of civil service full time equivalent positions considered to be uncov- ered capacity at each location for each iden- tified fiscal year. (5) The proposed budget as designated by ob- ject class for each directorate, theme, and pro- gram. (6) Sufficient narrative shall be provided to explain the request for each program, project, and activity, and an explanation for any devi- ation to previously adopted baselines for all justification materials provided to the Com- mittees. (d) ESTIMATE OF GROSS RECEIPTS AND PRO- POSED 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 col- lected pursuant to section 20145 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3358.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30103(a) ...... 42 U.S.C. 16611(h)(1). Pub. L. 109–155, title I, § 101(h)(1), (i), Dec. 30, 2005, 119 Stat. 2903. 30103(b) ...... 42 U.S.C. 16611(i). 30103(c) ...... 42 U.S.C. 16611b. Pub. L. 110–161, div. B, title III, (7th par. under head- ing ‘‘Administrative Pro- visions’’, at 121 Stat. 1919), Dec. 26, 2007, 121 Stat. 1919. 30103(d) ...... 42 U.S.C. 16611b note. Pub. L. 111–8, div. B, title III, (3d proviso in par. under heading ‘‘Cross Agency Support’’, at 123 Stat. 589), Mar. 11, 2009, 123 Stat. 589. In subsection (a)(5), the source law’s reference to ‘‘section 104’’ of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2910) is translated as ‘‘section 20144’’ of title 51. Section 104 of the National Aeronautics and Space Administration Authorization Act of 2005 amend- ed the National Aeronautics and Space Act of 1958 (Public Law 85–568, 72 Stat. 426) by inserting a new sec- tion 314, which is restated as section 20144 of title 51. In subsection (b), in the matter before paragraph (1), 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). In subsection (c), in the matter before paragraph (1), the words ‘‘For fiscal year 2009 and hereafter’’ are omit- ted as unnecessary. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, 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