Page:United States Statutes at Large Volume 119.djvu/2925

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[119 STAT. 2907]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 2907]

PUBLIC LAW 109–155—DEC. 30, 2005

119 STAT. 2907

(B) lists the research and development programs of Federal agencies other than NASA that were reviewedas part of the study, which shall include any program supporting research and development in an area related to the programs of NASA, and the most recent budget figures for those programs of other agencies; (C) recommends any changes to the research and development programs of NASA that should be made in response to the findings of the study required by paragraph (1); and (D) describes mechanisms the Office of Science and Technology Policy will use to ensure adequate coordination between NASA and Federal agencies that operate related programs. (3) CONTRACT.—The Director of the Office of Science and Technology Policy may contract with a nongovernmental entity to conduct the study required by paragraph (1). SEC. 103. BASELINES AND COST CONTROLS.

42 USC 16613.

(a) CONDITIONS FOR DEVELOPMENT.— (1) IN GENERAL.—NASA 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 program have been demonstrated in a relevant laboratory or test environment; and (C) the program complies with all relevant policies, regulations, and directives of NASA. (2) REPORT.—The Administrator shall transmit a report describing the basis for the determination required under paragraph (1) to the Committee on Science 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. (b) MAJOR PROGRAM ANNUAL REPORTS.— (1) REQUIREMENT.—Annually, at the same time as the President’s annual budget submission to the Congress, the Administrator shall transmit to the Committee on Science 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 section for each major program for which NASA 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 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 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

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