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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; 
(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 concerns; and 
(6) activities to educate all appropriate Administration Human Re-
sources 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 Feb-
ruary 15, 2007, the Administrator shall transmit 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 on the con-
cerns 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 cat-
egories of safety and health, mission assurance, and mismanagement, 
and the disposition of those concerns, including whether any employee 
was disciplined as a result of a concern having been raised; and 
(2) any recommendations for reforms to further prevent retribution 
against employees who raise concerns. 
§ 30503. Performance assessments 
(a) IN GENERAL.—The performance of each division in the Science direc-
torate of the Administration shall be reviewed and assessed by the National 
Academy of Sciences at 5-year intervals. 
(b) TIMING.—Beginning with the first fiscal year following December 30, 
2005, the Administrator shall select at least one division for review under 
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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 Rep-
resentatives 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 re-
sponse to any external review; and 
(3) including a summary of findings and recommendations from any 
other relevant external reviews of the Administration’s science mission 
priorities and programs. 
§ 30504. Assessment of science mission extensions 
(a) ASSESSMENT.—The Administrator shall carry out biennial reviews 
within each of the Science divisions to assess the cost and benefits of ex-
tending 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 missions that have an operational 
component, the National Oceanic and Atmospheric Administration or any 
other affected agency shall be consulted and the potential benefits of instru-
ments on missions that are beyond their planned mission lifetime taken into 
account. 
CHAPTER 307—INTERNATIONAL COOPERATION AND 
COMPETITION 
Sec. 
30701.
Competitiveness and international cooperation. 
30702.
Foreign contract limitation. 
30703.
Foreign launch vehicles. 
30704.
Offshore performance of contracts for the procurement of goods and services. 
§ 30701. Competitiveness and international cooperation 
(a) LIMITATION.— 
(1) SOLICITATION OF COMMENT.—As part of the evaluation of the 
costs and benefits of entering into an obligation to conduct a space 
mission in which a foreign entity will participate as a supplier of the 
spacecraft, spacecraft system, 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. 
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(2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The Ad-
ministrator shall certify to Congress at least 15 days in advance of any 
cooperative agreement with the People’s Republic 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 systems, launch systems, or scientific or technical informa-
tion, 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 appropriate agencies, shall conduct an annual 
audit of the policies and procedures of the Administration with respect 
to the export of technologies and the transfer of scientific and technical 
information, to assess the extent to which the Administration is car-
rying out its activities in compliance with Federal export control laws 
and with paragraph (2). 
(b) NATIONAL INTERESTS.— 
(1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.—In 
this subsection, the term ‘‘United States commercial provider’’ means 
a commercial provider (as defined in section 30308(a) of this title), or-
ganized under the laws of the United States or of a State (as defined 
in section 30308(a) of this title), which is— 
(A) more than 50 percent owned by United States nationals; or 
(B) a subsidiary of a foreign company and the Secretary of 
Commerce finds that— 
(i) such subsidiary has in the past evidenced a substantial 
commitment to the United States market through— 
(I) investments in the United States in long-term re-
search, development, and manufacturing (including the 
manufacture of major components and subassemblies); 
and 
(II) significant contributions to employment in the 
United States; and 
(ii) the country or countries in which such foreign company 
is incorporated or organized, and, if appropriate, in which it 
principally conducts its business, affords reciprocal treatment 
to companies described in subparagraph (A) comparable to 
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that afforded to such foreign company’s subsidiary in the 
United States, as evidenced by— 
(I) providing comparable opportunities for companies 
described in subparagraph (A) to participate in Govern-
ment sponsored research and development similar to that 
authorized under this section, section 30307, 30308, 
30309, or 30702 of this title, or the National Aero-
nautics and Space Administration Authorization Act of 
2000 (Public Law 106–391, 114 Stat. 1577); 
(II) providing no barriers to companies described in 
subparagraph (A) with respect to local investment oppor-
tunities that are not provided to foreign companies in the 
United States; and 
(III) providing adequate and effective protection for 
the intellectual property rights of companies described in 
subparagraph (A). 
(2) IN GENERAL.—Before entering into an obligation described in 
subsection (a), the Administrator shall consider the national interests 
of the United States described in paragraph (3) of this subsection. 
(3) DESCRIPTION OF NATIONAL INTERESTS.—International coopera-
tion in space exploration and science activities most effectively serves 
the United States national interest when it— 
(A)(i) reduces the cost of undertaking missions the United 
States Government would pursue unilaterally; 
(ii) enables the United States to pursue missions that it could 
not otherwise afford to pursue unilaterally; or 
(iii) enhances United States capabilities to use and develop 
space for the benefit of United States citizens; 
(B) is undertaken in a manner that is sensitive to the desire 
of United States commercial providers to develop or explore space 
commercially; 
(C) is consistent with the need for Federal agencies to use space 
to complete their missions; and 
(D) is carried out in a manner consistent with United States 
export control laws. 
§ 30702. Foreign contract limitation 
The Administration shall not enter into any agreement or contract with 
a foreign government that grants the foreign government the right to re-
cover profit in the event that the agreement or contract is terminated. 
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