51 U.S.C. § 30501 — Lessons learned and best practices

Page 72 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30501 (ix) the Director of National Intelligence; (x) the Director of the Office of Science and Tech- nology Policy; (xi) the Director of the National Economic Council; and (xii) the heads of such other executive departments, agencies, and offices as the President may, from time to time, designate. A member of the Task Force may designate, to per- form the Task Force functions of the member, a senior- level official who is a part of the member’s department, agency, or office, and who is a full-time officer or em- ployee of the Federal Government. (b) Administration. The Co-Chairs shall convene reg- ular meetings of the Task Force, determine its agenda, and direct its work. At the direction of the Co-Chairs, the Task Force may establish subgroups consisting ex- clusively of Task Force members or their designees, as appropriate. SEC. 2. Mission and Functions. The Task Force shall work with local stakeholders and executive depart- ments and agencies to equip Space Coast and other af- fected workers to take advantage of new opportunities and expand the region’s economic base. The Task Force will perform the following functions, to the extent permitted by law: (a) provide leadership and coordination of Federal Government resources to facilitate workforce and eco- nomic development opportunities for aerospace com- munities and workers affected by new developments in America’s space exploration program. Such support may include the use of personnel, technical expertise, and available financial resources, and may be used to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and commu- nities adversely affected by space industry changes; (b) provide recommendations to the President on ways Federal policies and programs can address issues of special importance to aerospace communities and workers; and (c) help ensure that officials from throughout the ex- ecutive branch, including officials on existing commit- tees or task forces addressing technological develop- ment, research, or aerospace issues, advance the Presi- dent’s agenda for the transformation of America’s space exploration program and support the coordina- tion of Federal economic adjustment assistance activi- ties. SEC. 3. Outreach. Consistent with the objectives set forth in this memorandum, the Task Force, in accord- ance with applicable law, in addition to holding regular meetings, shall conduct outreach to representatives of nonprofit organizations; business; labor[;] State, local, and tribal governments; elected officials; and other in- terested persons that will assist in bringing to the President’s attention concerns, ideas, and policy op- tions for expanding and improving efforts to create jobs and economic growth in affected aerospace commu- nities. The Task Force shall hold inaugural meetings with stakeholders within 60 days of the date of this memorandum. SEC. 4. Task Force Plan for Space Industry Workforce and Economic Development. On or before August 15, 2010, the Task Force shall develop and submit to the Presi- dent a comprehensive plan that: (a) recommends how best to invest $40 million in transition assistance funding to ensure robust work- force and economic development in those communities within Florida affected by transitions in America’s space exploration program; (b) describes how the plan will build on and com- plement ongoing economic and workforce development efforts; (c) explores future workforce and economic develop- ment activities that could be undertaken for affected aerospace communities in other States, as appropriate; (d) identifies areas of collaboration with other public or nongovernmental actors to achieve the objectives of the Task Force; and (e) details a coordinated implementation strategy by executive departments and agencies to meet the objec- tives of the Task Force. SEC. 5. Termination. The Task Force shall terminate 3 years after the date of this memorandum unless ex- tended by the President. SEC. 6. General Provisions. (a) The heads of executive departments and agencies shall assist and provide in- formation to the Task Force, consistent with applica- ble law, as may be necessary to carry out the functions of the Task Force. Each executive department and agency shall bear its own expense for participating in the Task Force; and (b) nothing in this memorandum shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Administrator of the National Aeronautics and Space Administration shall publish this memo- randum in the Federal Register. BARACK OBAMA. § 30501. Lessons learned and best practices (a) IN GENERAL.—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 an implementa- tion plan describing the Administration’s ap- proach for obtaining, implementing, and sharing lessons learned and best practices for its major programs and projects not later than 180 days after December 30, 2005. The implementation plan shall be updated and maintained to ensure that it is current and consistent with the bur- geoning culture of learning and safety that is emerging at the Administration. (b) REQUIRED CONTENT.—The implementation plan shall contain at a minimum the lessons learned and best practices requirements for the Administration, the organizations or positions responsible for enforcement of the requirements, the reporting structure, and the objective per- formance measures indicating the effectiveness of the activity. (c) INCENTIVES.—The Administrator shall pro- vide incentives to encourage sharing and imple- mentation of lessons learned and best practices by employees, projects, and programs, as well as penalties for programs and projects that are de- termined not to have demonstrated use of those resources. (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) 30501 .......... 42 U.S.C. 16615. Pub. L. 109–155, title I, § 107, Dec. 30, 2005, 119 Stat. 2912. In subsection (a), 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). 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.)