51 U.S.C. § 30503 — Performance assessments

Page 73 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30503 In subsection (a), the date ‘‘December 30, 2005’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). 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. § 30502. Whistleblower protection (a) IN GENERAL.—Not later than 1 year after December 30, 2005, 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 plan describing steps to be taken by the Administration to pro- tect from retaliation Administration employees who raise concerns about substantial and spe- cific dangers to public health and safety or about substantial and specific factors that could threaten the success of a mission. The plan shall be designed to ensure that Administration em- ployees have the full protection required by law. The Administrator shall implement the plan not more than 1 year after its transmittal. (b) GOAL.—The Administrator shall ensure that the plan describes a system that will pro- tect employees who wish to raise or have raised concerns described in subsection (a). (c) PLAN.—At a minimum, the plan shall in- clude, consistent with Federal law— (1) a reporting structure that ensures that the officials who are the subject of a whistle- blower’s complaint will not learn the identity of the whistleblower; (2) a single point to which all complaints can be made without fear of retribution; (3) procedures to enable the whistleblower to track the status of the case; (4) activities to educate employees about their rights as whistleblowers and how they are protected by law; (5) activities to educate employees about their obligations to report concerns and their accountability before and after receiving the results of the investigations into their con- cerns; and (6) activities to educate all appropriate Ad- ministration Human Resources professionals, and all Administration managers and super- visors, regarding personnel laws, rules, and regulations. (d) REPORT.—Not later than February 15 of each year beginning February 15, 2007, the Ad- ministrator shall transmit 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 on the concerns described in subsection (a) that were raised during the previous fiscal year. At a minimum, the report shall provide— (1) the number of concerns that were raised, divided into the categories of safety and health, mission assurance, and mismanage- ment, and the disposition of those concerns, including whether any employee was dis- ciplined as a result of a concern having been raised; and (2) any recommendations for reforms to fur- ther prevent retribution against employees who raise concerns. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30502 .......... 42 U.S.C. 16618. Pub. L. 109–155, title I, § 110, Dec. 30, 2005, 119 Stat. 2914. In subsection (a), the date ‘‘December 30, 2005’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). In subsections (a) and (d), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Com- mittee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). In subsection (d), the words ‘‘Not later than February 15 of each year beginning February 15, 2007’’ are sub- stituted for ‘‘Not later than February 15 of each year beginning with the year after the date of enactment of this Act’’ for clarity. 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. § 30503. Performance assessments (a) IN GENERAL.—The performance of each di- vision in the Science directorate of the Adminis- tration shall be reviewed and assessed by the National Academy of Sciences at 5-year inter- vals. (b) TIMING.—Beginning with the first fiscal year following December 30, 2005, the Adminis- trator shall select at least one division for re- view under this section. The Administrator shall select divisions so that all disciplines will have received their first review within 6 fiscal years of December 30, 2005. (c) REPORTS.—Not later than March 1 of each year, beginning with the first fiscal year after December 30, 2005, the Administrator shall transmit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) setting forth in detail the results of any external review under subsection (a); (2) setting forth in detail actions taken by the Administration in response to any exter- nal review; and (3) including a summary of findings and rec- ommendations from any other relevant exter- nal reviews of the Administration’s science mission priorities and programs. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3368.) Page 74 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30504 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30503 .......... 42 U.S.C. 16651. Pub. L. 109–155, title III, § 301, Dec. 30, 2005, 119 Stat. 2916. In subsections (b) and (c), the date ‘‘December 30, 2005’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). In subsection (c), 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 Representatives, adopted by House Reso- lution No. 6 (110th Congress, January 5, 2007). 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. § 30504. Assessment of science mission extensions (a) ASSESSMENTS.— (1) IN GENERAL.—The Administrator shall carry out triennial reviews within each of the Science divisions to assess the cost and bene- fits of extending the date of the termination of data collection for those missions that exceed their planned missions’ lifetime. (2) CONSIDERATIONS.—In conducting an as- sessment under paragraph (1), the Adminis- trator shall consider whether and how extend- ing missions impacts the start of future mis- sions. (b) CONSULTATION AND CONSIDERATION OF PO- TENTIAL BENEFITS OF INSTRUMENTS ON MIS- SIONS.—When deciding whether to extend a mis- sion that has an operational component, the Ad- ministrator shall— (1) consult with any affected Federal agency; and (2) take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime. (c) REPORTS.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Science, Space, and Technology of the House of Representatives, at the same time as the submission to Congress of the Administra- tion’s annual budget request for each fiscal year, a report detailing any assessment under subsection (a) that was carried out during the previous year. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369; Pub. L. 115–10, title V, § 513, Mar. 21, 2017, 131 Stat. 52.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30504(a) ...... 42 U.S.C. 16654(a) (matter before par. (1)). Pub. L. 109–155, title III, § 304(a) (matter before par. (1)), (2), Dec. 30, 2005, 119 Stat. 2918. 30504(b) ...... 42 U.S.C. 16654(a)(2). In subsection (a), the words ‘‘In addition—’’ are omit- ted as unnecessary. Editorial Notes AMENDMENTS 2017—Pub. L. 115–10 amended section generally. Prior to amendment, text read as follows: ‘‘(a) ASSESSMENT.—The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime. ‘‘(b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS OF INSTRUMENTS ON MISSIONS.—For those mis- sions that have an operational component, the Na- tional Oceanic and Atmospheric Administration or any other affected agency shall be consulted and the poten- tial benefits of instruments on missions that are be- yond their planned mission lifetime taken into ac- count.’’ CHAPTER 307—INTERNATIONAL COOPERATION AND COMPETITION Sec. 30701. Competitiveness and international coopera- tion. 30702. Foreign contract limitation. 30703. Foreign launch vehicles. 30704. Offshore performance of contracts for the pro- curement of goods and services. § 30701. Competitiveness and international co- operation (a) LIMITATION.— (1) SOLICITATION OF COMMENT.—As part of the evaluation of the costs and benefits of enter- ing into an obligation to conduct a space mis- sion in which a foreign entity will participate as a supplier of the spacecraft, spacecraft sys- tem, or launch system, the Administrator shall solicit comment on the potential impact of such participation through notice published in Commerce Business Daily at least 45 days before entering into such an obligation. (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The Administrator shall certify to Congress at least 15 days in advance of any co- operative agreement with the People’s Repub- lic of China, or any company owned by the People’s Republic of China or incorporated under the laws of the People’s Republic of China, involving spacecraft, spacecraft sys- tems, launch systems, or scientific or tech- nical information, that— (A) the agreement is not detrimental to the United States space launch industry; and (B) the agreement, including any indirect technical benefit that could be derived from the agreement, will not improve the missile or space launch capabilities of the People’s Republic of China. (3) ANNUAL AUDIT.—The Inspector General of the Administration, in consultation with ap- propriate agencies, shall conduct an annual audit of the policies and procedures of the Ad- ministration with respect to the export of technologies and the transfer of scientific and technical information, to assess the extent to which the Administration is carrying out its activities in compliance with Federal export control laws and with paragraph (2).