incentives for the pursuit of academic studies in science, technology, engi-
neering, and mathematics. 
(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEV-
ELS.—The balanced science program authorized by section 101(d) of the 
National Aeronautics and Space Administration Authorization Act of 2005 
(42 U.S.C. 16611(d)) shall be an element of the contribution by the Admin-
istration to the interagency programs. 
(d) ANNUAL REPORT.— 
(1) REQUIREMENT.—The Administrator shall submit to Congress 
and the President an annual report describing the activities conducted 
pursuant to this section, including a description of the goals and the 
objective metrics upon which funding decisions were made. 
(2) CONTENT.—Each report submitted pursuant to paragraph (1) 
shall include, with regard to science, technology, engineering, and 
mathematics education programs, at a minimum, the following: 
(A) A description of each program. 
(B) The amount spent on each program. 
(C) The number of students or teachers served by each pro-
gram. 
§ 20304. Basic research enhancement 
(a) DEFINITION OF BASIC RESEARCH.—In this section, the term ‘‘basic 
research’’ has the meaning given the term in Office of Management and 
Budget Circular No. A–11. 
(b) COORDINATION.—The Administrator, the Director of the National 
Science Foundation, the Secretary of Energy, the Secretary of Defense, and 
the Secretary of Commerce shall, to the extent practicable, coordinate basic 
research activities related to physical sciences, technology, engineering, and 
mathematics. 
§ 20305. National Academies decadal surveys 
(a) IN GENERAL.—The Administrator shall enter into agreements on a 
periodic basis with the National Academies for independent assessments, 
also known as decadal surveys, to take stock of the status and opportunities 
for Earth and space science discipline fields and Aeronautics research and 
to recommend priorities for research and programmatic areas over the next 
decade. 
(b) INDEPENDENT COST ESTIMATES.—The agreements described in sub-
section (a) shall include independent estimates of the life cycle costs and 
technical readiness of missions assessed in the decadal surveys whenever 
possible. 
(c) REEXAMINATION.—The Administrator shall request that each Na-
tional Academies decadal survey committee identify any conditions or 
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events, such as significant cost growth or scientific or technological ad-
vances, that would warrant the Administration asking the National Acad-
emies to reexamine the priorities that the decadal survey had established. 
Subtitle III—Administrative Provisions 
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 
ACCOUNTING 
Sec. 
30101.
Prior authorization of appropriations required. 
30102.
Working capital fund. 
30103.
Budgets. 
30104.
Baselines and cost controls. 
§ 30101. Prior authorization of appropriations required 
Notwithstanding the provisions of any other law, no appropriation may 
be made to the Administration unless previously authorized by legislation 
enacted by Congress. 
§ 30102. Working capital fund 
(a) ESTABLISHMENT.—There is hereby established in the United States 
Treasury an Administration 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 authorized 
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, corporation, or educational 
institution on a reimbursable basis. 
(2) CAPITAL REPAIRS.—The fund shall also be available for the pur-
pose 
of 
funding 
capital 
repairs, 
renovations, 
rehabilitation, 
sustainment, demolition, or replacement of Administration real prop-
erty, on a reimbursable basis within the Administration. 
(3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are avail-
able 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; and 
(3) payments received for loss or damage to property of the fund. 
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(d) REIMBURSEMENT.—The fund shall be reimbursed, in advance, for 
supplies and services at rates that will approximate the expenses of oper-
ation, such as the accrual of annual leave, depreciation of plant, property, 
and equipment, and overhead. 
§ 30103. Budgets 
(a) CATEGORIES.—The proposed budget for the Administration submitted 
by the President for each fiscal year shall be accompanied by documents 
showing— 
(1) by program— 
(A) the budget for space operations, including 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 programs; 
(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; 
(5) the total budget for the prize program under section 20144 of 
this title, and the administrative budget for that program; and 
(6) the comparable figures for at least the 2 previous fiscal years for 
each item in the proposed budget. 
(b) ADDITIONAL BUDGET INFORMATION UPON REQUEST BY COMMIT-
TEES.—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 general and administrative 
costs and service pool costs, including— 
(A) the total amount of funds being allocated 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 headquarters, and for each directorate; and 
(C) the major activities included in each cost category; and 
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(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 fis-
cal 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 
carried over into the fiscal year for which the budget is being pre-
sented; 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 JUSTIFICATION.—The Adminis-
tration shall provide, at a minimum, the following information in its annual 
budget justification: 
(1) The actual, current, proposed funding level, and estimated budg-
ets for the next 5 fiscal years by directorate, theme, program, project 
and activity within each appropriations account. 
(2) The proposed programmatic and non-programmatic construction 
of facilities. 
(3) The budget for headquarters including— 
(A) the budget by office, and any division thereof, for the ac-
tual, 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 head-
quarters office, and any division thereof, including the number of 
Senior Executive Service, noncareer, detailee, and contract per-
sonnel 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 center, and federally funded research and development 
center operated on behalf of the Administration: 
(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 con-
struction of facilities. 
(C) The number of civil service full time equivalent positions per 
center for each identified fiscal year. 
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(D) The number of civil service full time equivalent positions 
considered to be uncovered capacity at each location for each iden-
tified fiscal year. 
(5) The proposed budget as designated by object class for each direc-
torate, theme, and program. 
(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 pro-
vided to the Committees. 
(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS RE-
LATED TO LEASE OF PROPERTY.—Each annual budget request shall include 
an annual estimate of gross receipts and collections and proposed use of all 
funds collected pursuant to section 20145 of this title. 
§ 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 defined in the Administration’s 
Procedural Requirements 7120.5c, dated March 22, 2005. 
(2) DEVELOPMENT COST.—The term ‘‘development cost’’ means the 
total of all costs, including construction of facilities and civil servant 
costs, from the period beginning with the approval to proceed to imple-
mentation through the achievement of operational readiness, without 
regard to funding source or management control, for the life of the pro-
gram. 
(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 ex-
penses incurred or estimated to be incurred in the design, development, 
verification, production, operation, maintenance, support, and retire-
ment of a program over its planned lifespan, without regard to funding 
source or management control. 
(4) MAJOR PROGRAM.—The term ‘‘major program’’ means an activ-
ity 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 con-
tract for the development of a major program unless the Administrator 
determines that— 
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(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 dem-
onstrated 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 transmit a report describing 
the basis for the determination 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 de-
termination 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 submission to Congress, the Administrator shall trans-
mit to the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that includes the information required by 
this section for each major program for which the Administration pro-
poses 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 characteris-
tics 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 development is completed; 
(C) the schedule for development, including key program mile-
stones; 
(D) the plan for mitigating technical, cost, and schedule risks 
identified in accordance with subsection (b)(1)(A); and 
(E) the name of the person responsible for making notifications 
under subsection (d), who shall be an individual whose primary re-
sponsibility is overseeing the program. 
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(3) INFORMATION
UPDATES.—For major programs for which a 
Baseline Report has been submitted, each subsequent Major Program 
Annual Report shall describe any changes to the information that had 
been provided in the Baseline Report, and the reasons for those 
changes. 
(d) NOTIFICATION.— 
(1) REQUIREMENT.—The individual identified under subsection 
(c)(2)(E) shall immediately notify the Administrator any time that in-
dividual has reasonable cause to believe that, for the major program 
for which he or she is responsible— 
(A) the development cost of the program is likely to exceed the 
estimate provided in the Baseline Report of the program by 15 
percent or more; or 
(B) a milestone of the program is likely to be delayed by 6 
months or more from the date provided for it in the Baseline Re-
port of the program. 
(2) REASONS.—Not later than 30 days after the notification required 
under paragraph (1), the individual identified under subsection 
(c)(2)(E) shall transmit to the Administrator a written notification ex-
plaining the reasons for the change in the cost or milestone of the pro-
gram for which notification was provided under paragraph (1). 
(3) NOTIFICATION OF CONGRESS.—Not later than 15 days after the 
Administrator receives a written notification under paragraph (2), the 
Administrator shall transmit the notification to the Committee on 
Science and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate. 
(e) FIFTEEN PERCENT THRESHOLD.— 
(1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.—Not 
later than 30 days after receiving a written notification under sub-
section (d)(2), the Administrator shall determine whether the develop-
ment cost of the program is likely to exceed the estimate provided in 
the Baseline Report of the program by 15 percent or more, or whether 
a milestone is likely to be delayed by 6 months or more. If the deter-
mination is affirmative, the Administrator shall— 
(A) transmit to the Committee on Science and Technology of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, not later than 15 days 
after making the determination, a report that includes— 
(i) a description of the increase in cost or delay in schedule 
and a detailed explanation for the increase or delay; 
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(ii) a description of actions taken or proposed to be taken 
in response to the cost increase or delay; and 
(iii) a description of any impacts the cost increase or sched-
ule delay, or the actions described under clause (ii), will have 
on any other program within the Administration; and 
(B) if the Administrator intends to continue with the program, 
promptly initiate an analysis of the program, which shall include, 
at a minimum— 
(i) the projected cost and schedule for completing the pro-
gram if current requirements of the program are not modi-
fied; 
(ii) the projected cost and the schedule for completing the 
program after instituting the actions described under sub-
paragraph (A)(ii); and 
(iii) a description of, and the projected cost and schedule 
for, a broad range of alternatives to the program. 
(2) COMPLETION
OF
ANALYSIS
AND
TRANSMITTAL
TO
COMMIT-
TEES.—The Administration shall complete an analysis initiated under 
paragraph (1)(B) not later than 6 months after the Administrator 
makes a determination under this subsection. The Administrator shall 
transmit the analysis to the Committee on Science and Technology of 
the House of Representatives and Committee on Commerce, Science, 
and Transportation of the Senate not later than 30 days after its com-
pletion. 
(f) THIRTY PERCENT THRESHOLD.—If the Administrator determines 
under subsection (e) that the development cost of a program will exceed the 
estimate provided in the Baseline Report of the program by more than 30 
percent, then, beginning 18 months after the date the Administrator trans-
mits a report under subsection (e)(1)(A), the Administrator shall not expend 
any additional funds on the program, other than termination costs, unless 
Congress has subsequently authorized continuation of the program by law. 
An appropriation for the specific program enacted subsequent to a report 
being transmitted shall be considered an authorization for purposes of this 
subsection. If the program is continued, the Administrator shall submit a 
new Baseline Report for the program no later than 90 days after the date 
of enactment of the Act under which Congress has authorized continuation 
of the program. 
CHAPTER 303—CONTRACTING AND PROCUREMENT 
Sec. 
30301.
Guaranteed customer base. 
30302.
Quality assurance personnel. 
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30303.
Tracking and data relay satellite services. 
30304.
Award of contracts to small businesses and disadvantaged individuals. 
30305.
Outreach program. 
30306.
Small business contracting. 
30307.
Requirement for independent cost analysis. 
30308.
Cost effectiveness calculations. 
30309.
Use of abandoned and underutilized buildings, grounds, and facilities. 
30310.
Exception to alternative fuel procurement requirement. 
§ 30301. Guaranteed customer base 
No amount appropriated to the Administration may be used to fund 
grants, contracts, or other agreements with an expected duration of more 
than one year, when a primary effect of the grant, contract, or agreement 
is to provide a guaranteed customer base for or establish an anchor tenancy 
in new commercial space hardware or services unless an appropriations Act 
specifies the new commercial space hardware or services to be developed or 
used, or the grant, contract, or agreement is otherwise identified in such 
Act. 
§ 30302. Quality assurance personnel 
(a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing 
articles to the Administration under a contract entered into after December 
9, 1991, may not exclude Administration quality assurance personnel from 
work sites except as provided in a contract provision that has been sub-
mitted to Congress as provided in subsection (b). 
(b) CONTRACT PROVISIONS.—The Administration shall not enter into any 
contract which permits the exclusion of Administration quality assurance 
personnel from work sites unless the Administrator has submitted a copy 
of the provision permitting such exclusion to Congress at least 60 days be-
fore entering into the contract. 
§ 30303. Tracking and data relay satellite services 
(a) CONTRACTS.—The Administration is authorized, when so provided in 
an appropriation Act, to enter into and to maintain a contract for tracking 
and data relay satellite services. Such services shall be furnished to the Ad-
ministration in accordance with applicable authorization and appropriations 
Acts. The Government shall incur no costs under such contract prior to the 
furnishing of such services except that the contract may provide for the pay-
ment for contingent liability of the Government which may accrue in the 
event the Government should decide for its convenience to terminate the 
contract before the end of the period of the contract. Facilities which may 
be required in the performance of the contract may be constructed on Gov-
ernment-owned lands if there is included in the contract a provision under 
which the Government may acquire title to the facilities, under terms and 
conditions agreed upon in the contract, upon termination of the contract. 
(b) REPORTS TO CONGRESS.—The Administrator shall in January of 
each year report to the Committee on Science and Technology and the Com-
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mittee on Appropriations of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate the projected aggregate contingent liability of 
the Government under termination provisions of any contract authorized in 
this section through the next fiscal year. The authority of the Administra-
tion to enter into and to maintain the contract authorized hereunder shall 
remain in effect unless repealed by legislation enacted by Congress. 
§ 30304. Award of contracts to small businesses and dis-
advantaged individuals 
The Administrator shall annually establish a goal of at least 8 percent 
of the total value of prime and subcontracts awarded in support of author-
ized programs, including the space station by the time operational status 
is obtained, which funds will be made available to small business concerns 
or other organizations owned or controlled by socially and economically dis-
advantaged individuals (within the meaning of paragraphs (5) and (6) of 
section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including His-
torically Black Colleges and Universities that are part B institutions (as de-
fined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of 
that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as de-
fined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Na-
tive-serving institutions (as defined in section 317(b)(2) of that Act (20 
U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in 
section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority edu-
cational institutions (as defined by the Secretary of Education pursuant to 
the General Education Provisions Act (20 U.S.C. 1221 et seq.)). 
§ 30305. Outreach program 
(a) ESTABLISHMENT.—The Administration shall competitively select an 
organization to partner with Administration centers, aerospace contractors, 
and academic institutions to carry out a program to help promote the com-
petitiveness of small, minority-owned, and women-owned businesses in com-
munities across the United States through enhanced insight into the tech-
nologies of the Administration’s space and aeronautics programs. The pro-
gram shall support the mission of the Administration’s Innovative Partner-
ships Program with its emphasis on joint partnerships with industry, aca-
demia, government agencies, and national laboratories. 
(b) PROGRAM STRUCTURE.—In carrying out the program described in 
subsection (a), the organization shall support the mission of the Administra-
tion’s Innovative Partnerships Program by undertaking the following activi-
ties: 
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(1) FACILITATING ENHANCED INSIGHT.—Facilitating the enhanced 
insight of the private sector into the Administration’s technologies in 
order to increase the competitiveness of the private sector in producing 
viable commercial products. 
(2) CREATING NETWORK.—Creating a network of academic institu-
tions, aerospace contractors, and Administration centers that will com-
mit to donating appropriate technical assistance to small businesses, 
giving preference to socially and economically disadvantaged small busi-
ness concerns, small business concerns owned and controlled by service- 
disabled veterans, and HUBZone small business concerns. This para-
graph shall not apply to any contracting actions entered into or taken 
by the Administration. 
(3) CREATING NETWORK OF ECONOMIC DEVELOPMENT ORGANIZA-
TIONS.—Creating a network of economic development organizations to 
increase the awareness and enhance the effectiveness of the program 
nationwide. 
(c) REPORT.—Not later than one year after October 15, 2008, and annu-
ally thereafter, the Administrator shall submit a report to the Committee 
on Science and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate describing 
the efforts and accomplishments of the program established under sub-
section (a) in support of the Administration’s Innovative Partnerships Pro-
gram. As part of the report, the Administrator shall provide— 
(1) data on the number of small businesses receiving assistance, jobs 
created and retained, and volunteer hours donated by the Administra-
tion, contractors, and academic institutions nationwide; 
(2) an estimate of the total dollar value of the economic impact made 
by small businesses that received technical assistance through the pro-
gram; and 
(3) an accounting of the use of funds appropriated for the program. 
§ 30306. Small business contracting 
(a) PLAN.—In consultation with the Small Business Administration, the 
Administrator shall develop a plan to maximize the number and amount of 
contracts awarded to small business concerns (within the meaning given 
that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to 
meet established contracting goals for such concerns. 
(b) PRIORITY.—The Administrator shall establish as a priority meeting 
the contracting goals developed in conjunction with the Small Business Ad-
ministration to maximize the amount of prime contracts, as measured in 
dollars, awarded in each fiscal year by the Administration to small business 
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concerns (within the meaning given that term in section 3 of the Small 
Business Act (15 U.S.C. 632)). 
§ 30307. Requirement for independent cost analysis 
(a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘imple-
mentation’’ means all activity in the life cycle of a project after preliminary 
design, independent assessment of the preliminary design, and approval to 
proceed into implementation, including critical design, development, certifi-
cation, launch, operations, disposal of assets, and, for technology programs, 
development, testing, analysis, and communication of the results. 
(b) REQUIREMENT.—Before any funds may be obligated for implementa-
tion of a project that is projected to cost more than $250,000,000 in total 
project costs, the Administrator shall conduct and consider an independent 
life-cycle cost analysis of the project and shall report the results to Con-
gress. In developing cost accounting and reporting standards for carrying 
out this section, the Administrator shall, to the extent practicable and con-
sistent with other laws, solicit the advice of experts outside of the Adminis-
tration. 
§ 30308. Cost effectiveness calculations 
(a) DEFINITIONS.—In this section: 
(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial 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, American Samoa, the Common-
wealth of the Northern Mariana Islands, and any other commonwealth, 
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 account-
ing principles with the price the commercial provider will charge for such 
activity. 
§ 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. 
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(b) IN GENERAL.—In any case in which the Administrator considers the 
purchase, lease, or expansion of a facility to meet requirements of the Ad-
ministration, the Administrator shall consider whether those requirements 
could be met by the use of one of the following: 
(1) Abandoned or underutilized buildings, grounds, and facilities in 
depressed communities 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 installation. 
(3) Any other facility or part of a facility that the Administrator de-
termines 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. 
§ 30310. Exception to alternative fuel procurement require-
ment 
Section 526(a) 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 nonconventional petro-
leum source, if— 
(1) the contract does not specifically require the contractor to pro-
vide an alternative or synthetic fuel or fuel from a nonconventional pe-
troleum source; 
(2) the purpose of the contract is not to obtain an alternative or syn-
thetic 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. 
CHAPTER 305—MANAGEMENT AND REVIEW 
Sec. 
30501.
Lessons learned and best practices. 
30502.
Whistleblower protection. 
30503.
Performance assessments. 
30504.
Assessment of science mission extensions. 
§ 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 implementation 
plan describing the Administration’s approach for obtaining, implementing, 
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and sharing lessons learned and best practices for its major programs and 
projects not later than 180 days after December 30, 2005. The implementa-
tion plan shall be updated and maintained to ensure that it is current and 
consistent with the burgeoning culture of learning and safety that is emerg-
ing at the Administration. 
(b) REQUIRED CONTENT.—The implementation plan shall contain at a 
minimum the lessons learned and best practices requirements for the Ad-
ministration, the organizations or positions responsible for enforcement of 
the requirements, the reporting structure, and the objective performance 
measures indicating the effectiveness of the activity. 
(c) INCENTIVES.—The Administrator shall provide incentives to encour-
age sharing and implementation of lessons learned and best practices by em-
ployees, projects, and programs, as well as penalties for programs and 
projects that are determined not to have demonstrated use of those re-
sources. 
§ 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 protect from retaliation Administration employees 
who raise concerns about substantial and specific 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 Administra-
tion employees 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 sys-
tem that will protect employees who wish to raise or have raised concerns 
described in subsection (a). 
(c) PLAN.—At a minimum, the plan shall include, consistent with Federal 
law— 
(1) a reporting structure that ensures that the officials who are the 
subject of a whistleblower’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 whistle-
blowers and how they are protected by law; 
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