51 U.S.C. § 30310 — Exception to alternative fuel procure-

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.