H. R. 3237—46 
CHAPTER 311—SAFETY 
Sec. 
31101.
Aerospace Safety Advisory Panel. 
31102.
Drug and alcohol testing. 
§ 31101. Aerospace Safety Advisory Panel 
(a) ESTABLISHMENT AND MEMBERS.—There is established an Aero-
space Safety Advisory Panel consisting of a maximum of 9 members 
who shall be appointed by the Administrator for terms of 6 years 
each. Not more than 4 such members shall be chosen from among 
the officers and employees of the Administration. 
(b) CHAIRMAN.—One member shall be designated by the Panel 
as its Chairman. 
(c) DUTIES.—The Panel shall— 
(1) review safety studies and operations plans referred to 
it, including evaluating the Administration’s compliance with 
the return-to-flight and continue-to-fly recommendations of the 
Columbia Accident Investigation Board, and make reports 
thereon; 
(2) advise the Administrator and Congress with respect to— 
(A) the hazards of proposed or existing facilities and 
proposed operations; 
(B) the adequacy of proposed or existing safety standards; 
and 
(C) management and culture related to safety; and 
(3) perform such other duties as the Administrator may 
request. 
(d) COMPENSATION AND EXPENSES.— 
(1) COMPENSATION.— 
(A) FEDERAL OFFICERS AND EMPLOYEES.—A member of 
the Panel who is an officer or employee of the Federal 
Government shall receive no compensation for the mem-
ber’s services as such. 
(B) MEMBERS
APPOINTED
FROM
OUTSIDE
THE
FEDERAL 
GOVERNMENT.—A member of the Panel appointed from out-
side the Federal Government shall receive compensation, 
at a rate not to exceed the per diem rate equivalent to 
the maximum rate payable under section 5376 of title 
5, for each day the member is engaged in the actual 
performance of duties vested in the Panel. 
(2) EXPENSES.—A member of the Panel shall be allowed nec-
essary travel expenses (or in the alternative, mileage for use 
of a privately owned vehicle and a per diem in lieu of subsist-
ence not to exceed the rate and amount prescribed in sections 
5702 and 5704 of title 5), and other necessary expenses incurred 
by the member in the performance of duties vested in the 
Panel, without regard to the provisions of subchapter I of 
chapter 57 of title 5, the Standardized Government Travel 
Regulations, or section 5731 of title 5. 
(e) ANNUAL REPORT.—The Panel shall submit an annual report 
to the Administrator and to Congress. In the first annual report 
submitted after December 30, 2005, the Panel shall include an 
evaluation of the Administration’s management and culture related 
to safety. Each annual report shall include an evaluation of the 
Administration’s compliance with the recommendations of the 
Columbia Accident Investigation Board through retirement of the 
space shuttle.
H. R. 3237—47 
§ 31102. Drug and alcohol testing 
(a) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the 
term ‘‘controlled substance’’ means any substance under section 
102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified 
by the Administrator. 
(b) TESTING PROGRAM.— 
(1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall 
establish a program applicable to employees of the Administra-
tion whose duties include responsibility for safety-sensitive, 
security, or national security functions. Such program shall 
provide for preemployment, reasonable suspicion, random, and 
post-accident testing for use, in violation of applicable law 
or Federal regulation, of alcohol or a controlled substance. 
The Administrator may also prescribe regulations, as the 
Administrator considers appropriate in the interest of safety, 
security, and national security, for the conduct of periodic recur-
ring testing of such employees for such use in violation of 
applicable law or Federal regulation. 
(2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, 
in the interest of safety, security, and national security, pre-
scribe regulations. Such regulations shall establish a program 
that requires Administration contractors to conduct preemploy-
ment, reasonable suspicion, random, and post-accident testing 
of contractor employees responsible for safety-sensitive, secu-
rity, or national security functions (as determined by the 
Administrator) for use, in violation of applicable law or Federal 
regulation, of alcohol or a controlled substance. The Adminis-
trator may also prescribe regulations, as the Administrator 
considers appropriate in the interest of safety, security, and 
national security, for the conduct of periodic recurring testing 
of such employees for such use in violation of applicable law 
or Federal regulation. 
(3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In pre-
scribing regulations under the programs required by this sub-
section, the Administrator shall require, as the Administrator 
considers appropriate, the suspension, disqualification, or dis-
missal of any employee to which paragraph (1) or (2) applies, 
in accordance with the provisions of this section, in any instance 
where a test conducted and confirmed under this section 
indicates that such employee has used, in violation of applicable 
law or Federal regulation, alcohol or a controlled substance. 
(c) PROHIBITION ON SERVICE.— 
(1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COM-
PLETED.—No individual who is determined by the Administrator 
under this section to have used, in violation of applicable law 
or Federal regulation, alcohol or a controlled substance after 
December 9, 1991, shall serve as an Administration employee 
with responsibility for safety-sensitive, security, or national 
security functions (as determined by the Administrator), or 
as an Administration contractor employee with such responsi-
bility, unless such individual has completed a program of 
rehabilitation described in subsection (d). 
(2) UNCONDITIONAL PROHIBITION.—Any such individual deter-
mined by the Administrator under this section to have used, 
in violation of applicable law or Federal regulation, alcohol 
or a controlled substance after December 9, 1991, shall not
H. R. 3237—48 
be permitted to perform the duties that the individual per-
formed prior to the date of the determination, if the individual— 
(A) engaged in such use while on duty; 
(B) prior to such use had undertaken or completed a 
rehabilitation program described in subsection (d); 
(C) following such determination refuses to undertake 
such a rehabilitation program; or 
(D) following such determination fails to complete such 
a rehabilitation program. 
(d) PROGRAM FOR REHABILITATION.— 
(1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CON-
TRACTOR EMPLOYEES.—The Administrator shall prescribe regu-
lations setting forth requirements for rehabilitation programs 
which at a minimum provide for the identification and oppor-
tunity for treatment of employees referred to in subsection 
(b) in need of assistance in resolving problems with the use, 
in violation of applicable law or Federal regulation, of alcohol 
or a controlled substance. Each contractor is encouraged to 
make such a program available to all of its employees in addi-
tion to those employees referred to in subsection (b)(2). The 
Administrator shall determine the circumstances under which 
such employees shall be required to participate in such a pro-
gram. Nothing in this subsection shall preclude any Administra-
tion contractor from establishing a program under this sub-
section in cooperation with any other such contractor. 
(2) ESTABLISHMENT
AND
MAINTENANCE
OF
PROGRAM
FOR 
ADMINISTRATION EMPLOYEES.—The Administrator shall estab-
lish and maintain a rehabilitation program which at a minimum 
provides for the identification and opportunity for treatment 
of those employees of the Administration whose duties include 
responsibility for safety-sensitive, security, or national security 
functions who are in need of assistance in resolving problems 
with the use of alcohol or controlled substances. 
(e) PROCEDURES
FOR TESTING.—In establishing the programs 
required under subsection (b), the Administrator shall develop 
requirements which shall— 
(1) promote, to the maximum extent practicable, individual 
privacy in the collection of specimen samples; 
(2) with respect to laboratories and testing procedures for 
controlled substances, incorporate the Department of Health 
and Human Services scientific and technical guidelines dated 
April 11, 1988, and any subsequent amendments thereto, 
including mandatory guidelines which— 
(A) establish comprehensive standards for all aspects 
of laboratory controlled substances testing and laboratory 
procedures to be applied in carrying out this section, 
including standards which require the use of the best avail-
able technology for ensuring the full reliability and 
accuracy of controlled substances tests and strict proce-
dures governing the chain of custody of specimen samples 
collected for controlled substances testing; 
(B) establish the minimum list of controlled substances 
for which individuals may be tested; and 
(C) establish appropriate standards and procedures for 
periodic review of laboratories and criteria for certification 
and revocation of certification of laboratories to perform 
controlled substances testing in carrying out this section;
H. R. 3237—49 
(3) require that all laboratories involved in the controlled 
substances testing of any individual under this section shall 
have the capability and facility, at such laboratory, of per-
forming screening and confirmation tests; 
(4) provide that all tests which indicate the use, in violation 
of applicable law or Federal regulation, of alcohol or a controlled 
substance by any individual shall be confirmed by a scientif-
ically recognized method of testing capable of providing quan-
titative data regarding alcohol or a controlled substance; 
(5) provide that each specimen sample be subdivided, secured, 
and labelled in the presence of the tested individual and that 
a portion thereof be retained in a secure manner to prevent 
the possibility of tampering, so that in the event the individual’s 
confirmation test results are positive the individual has an 
opportunity to have the retained portion assayed by a confirma-
tion test done independently at a second certified laboratory 
if the individual requests the independent test within 3 days 
after being advised of the results of the initial confirmation 
test; 
(6) ensure appropriate safeguards for testing to detect and 
quantify alcohol in breath and body fluid samples, including 
urine and blood, through the development of regulations as 
may be necessary and in consultation with the Department 
of Health and Human Services; 
(7) provide for the confidentiality of test results and medical 
information of employees; and 
(8) ensure that employees are selected for tests by nondiscrim-
inatory and impartial methods, so that no employee is harassed 
by being treated differently from other employees in similar 
circumstances. 
(f) EFFECT ON OTHER LAWS AND REGULATIONS.— 
(1) CONSISTENCY WITH FEDERAL REGULATION.—No State or 
local government shall adopt or have in effect any law, rule, 
regulation, ordinance, standard, or order that is inconsistent 
with the regulations promulgated under this section. 
(2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 
9, 1991.—Nothing in this section shall be construed to restrict 
the discretion of the Administrator to continue in force, amend, 
or further supplement any regulations issued before December 
9, 1991, that govern the use of alcohol and controlled substances 
by Administration employees with responsibility for safety-sen-
sitive, security, and national security functions (as determined 
by the Administrator), or by Administration contractor 
employees with such responsibility. 
CHAPTER 313—HEALTHCARE 
Sec. 
31301.
Healthcare program. 
31302.
Astronaut healthcare survey. 
§ 31301. Healthcare program 
The Administrator shall develop a plan to better understand 
the longitudinal health effects of space flight on humans. In the 
development of the plan, the Administrator shall consider the need
H. R. 3237—50 
for the establishment of a lifetime healthcare program for Adminis-
tration astronauts and their families or other methods to obtain 
needed health data from astronauts and retired astronauts. 
§ 31302. Astronaut healthcare survey 
(a) SURVEY.—The Administrator shall administer an anonymous 
survey of astronauts and flight surgeons to evaluate communication, 
relationships, and the effectiveness of policies. The survey questions 
and the analysis of results shall be evaluated by experts inde-
pendent of the Administration. The survey shall be administered 
on at least a biennial basis. 
(b) REPORT.—The Administrator shall transmit a report of the 
results of the survey to Congress not later than 90 days following 
completion of the survey. 
CHAPTER 315—MISCELLANEOUS 
Sec. 
31501.
Orbital debris. 
31502.
Maintenance of facilities. 
31503.
Laboratory productivity. 
31504.
Cooperative unmanned aerial vehicle activities. 
31505.
Development of enhanced-use lease policy. 
§ 31501. Orbital debris 
The Administrator, in conjunction with the heads of other Federal 
agencies, shall take steps to develop or acquire technologies that 
will enable the Administration to decrease the risks associated 
with orbital debris. 
§ 31502. Maintenance of facilities 
In order to sustain healthy Centers that are capable of carrying 
out the Administration’s missions, the Administrator shall ensure 
that adequate maintenance and upgrading of those Center facilities 
is performed on a regular basis. 
§ 31503. Laboratory productivity 
The Administration’s laboratories are a critical component of 
the Administration’s research capabilities, and the Administrator 
shall ensure that those laboratories remain productive. 
§ 31504. Cooperative unmanned aerial vehicle activities 
The Administrator, in cooperation with the Administrator of the 
National Oceanic and Atmospheric Administration and in coordina-
tion with other agencies that have existing civil capabilities, shall 
continue to utilize the capabilities of unmanned aerial vehicles 
as appropriate in support of Administration and interagency 
cooperative missions. The Administrator may enter into cooperative 
agreements with universities with unmanned aerial vehicle pro-
grams and related assets to conduct collaborative research and 
development activities, including development of appropriate 
applications of small unmanned aerial vehicle technologies and 
systems in remote areas. 
§ 31505. Development of enhanced-use lease policy 
(a) IN GENERAL.—The Administrator shall develop an agency- 
wide enhanced-use lease policy that—
H. R. 3237—51 
(1) is based upon sound business practices and lessons 
learned from the demonstration centers; and 
(2) establishes controls and procedures to ensure account-
ability and protect the interests of the Government. 
(b) CONTENTS.—The policy required by subsection (a) shall include 
the following: 
(1) CRITERIA FOR DETERMINING ECONOMIC VALUE.—Criteria 
for determining whether enhanced-use lease provides better 
economic value to the Government than other options, such 
as— 
(A) Federal financing through appropriations; or 
(B) sale of the property. 
(2) SECURITY AND ACCESS.—Requirement for the identification 
of proposed physical and procedural changes needed to ensure 
security and restrict access to specified areas, coordination of 
proposed changes with existing site tenants, and development 
of estimated costs of such changes. 
(3) MEASURES OF EFFECTIVENESS.—Measures of effectiveness 
for the enhanced-use lease program. 
(4) ACCOUNTING CONTROLS.—Accounting controls and proce-
dures to ensure accountability, such as an audit trail and 
documentation to readily support financial transactions. 
Subtitle IV—Aeronautics and Space 
Research and Education 
CHAPTER 401—AERONAUTICS 
SUBCHAPTER I—GENERAL 
Sec. 
40101.
Definition of institution of higher education. 
40102.
Governmental interest in aeronautics research and development. 
40103.
Cooperation with other agencies on aeronautics activities. 
40104.
Cooperation among Mission Directorates. 
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND 
DEVELOPMENT PROGRAMS 
40111.
Fundamental research program. 
40112.
Research and technology programs. 
40113.
Airspace systems research. 
40114.
Aviation safety and security research. 
40115.
Aviation weather research. 
40116.
University-based Centers for Research on Aviation Training. 
SUBCHAPTER III—SCHOLARSHIPS 
40131.
Aeronautics scholarships. 
SUBCHAPTER IV—DATA REQUESTS 
40141.
Aviation data requests. 
SUBCHAPTER I—GENERAL 
§ 40101. Definition of institution of higher education 
In this chapter, the term ‘‘institution of higher education’’ has 
the meaning given the term by section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001).
H. R. 3237—52 
§ 40102. Governmental interest in aeronautics research and 
development 
Congress reaffirms the national commitment to aeronautics 
research made in chapter 201 of this title. Aeronautics research 
and development remains a core mission of the Administration. 
The Administration is the lead agency for civil aeronautics research. 
Further, the government of the United States shall promote aero-
nautics research and development that will expand the capacity, 
ensure the safety, and increase the efficiency of the Nation’s air 
transportation system, promote the security of the Nation, protect 
the environment, and retain the leadership of the United States 
in global aviation. 
§ 40103. Cooperation with other agencies on aeronautics 
activities 
The Administrator shall coordinate, as appropriate, the Adminis-
tration’s aeronautics activities with relevant programs in the 
Department of Transportation, the Department of Defense, the 
Department of Commerce, and the Department of Homeland Secu-
rity, including the activities of the Next Generation Air Transpor-
tation System Joint Planning and Development Office established 
under section 709 of the Vision 100—Century of Aviation Reauthor-
ization Act (Public Law 108–176, 49 U.S.C. 40101 note). 
§ 40104. Cooperation among Mission Directorates 
Research and development activities performed by the Aero-
nautics Research Mission Directorate with the primary objective 
of assisting in the development of a flight project in another Mission 
Directorate shall be funded by the Mission Directorate seeking 
assistance. 
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 
AND DEVELOPMENT PROGRAMS 
§ 40111. Fundamental research program 
(a) OBJECTIVE.—In order to ensure that the Nation maintains 
needed capabilities in fundamental areas of aeronautics research, 
the Administrator shall establish a program of long-term funda-
mental research in aeronautical sciences and technologies that is 
not tied to specific development projects. 
(b) OPERATION.—The Administrator shall conduct the program 
under this section, in part by awarding grants to institutions of 
higher education. The Administrator shall encourage the participa-
tion of institutions of higher education located in States that partici-
pate in the Experimental Program to Stimulate Competitive 
Research. All grants to institutions of higher education under this 
section shall be awarded through merit review. 
§ 40112. Research and technology programs 
(a) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The 
Administrator may establish an initiative with the objective of 
developing and demonstrating, in a relevant environment, airframe 
and propulsion technologies to enable efficient, economical overland 
flight of supersonic civil transport aircraft with no significant impact 
on the environment. 
(b) 
ROTORCRAFT
AND
OTHER
RUNWAY-INDEPENDENT
AIR 
VEHICLES.—The Administrator may establish a rotorcraft and other
H. R. 3237—53 
runway-independent air vehicles initiative with the objective of 
developing and demonstrating improved safety, noise, and environ-
mental impact in a relevant environment. 
(c) HYPERSONICS RESEARCH.—The Administrator may establish 
a hypersonics research program with the objective of exploring 
the science and technology of hypersonic flight using air-breathing 
propulsion concepts, through a mix of theoretical work, basic and 
applied research, and development of flight research demonstration 
vehicles. The program may also include the transition to the 
hypersonic range of Mach 3 to Mach 5. 
(d) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Adminis-
trator may establish a research program which covers a unique 
range of subsonic, fixed wing vehicles and propulsion concepts. 
This research is intended to push technology barriers beyond cur-
rent subsonic technology. Propulsion concepts include advanced 
materials, morphing engines, hybrid engines, and fuel cells. 
(e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 
(1) OBJECTIVE.—The Administrator may establish a fuel cell- 
powered aircraft research program whose objective shall be 
to develop and test concepts to enable a hydrogen fuel cell- 
powered aircraft that would have no hydrocarbon or nitrogen 
oxide emissions into the environment. 
(2) APPROACH.—The Administrator may establish a program 
of competitively awarded grants available to teams of 
researchers that may include the participation of individuals 
from universities, industry, and government for the conduct 
of this research. 
(f) MARS AIRCRAFT RESEARCH.— 
(1) OBJECTIVE.—The Administrator may establish a Mars 
Aircraft project whose objective shall be to develop and test 
concepts for an uncrewed aircraft that could operate for sus-
tained periods in the atmosphere of Mars. 
(2) APPROACH.—The Administrator may establish a program 
of competitively awarded grants available to teams of 
researchers that may include the participation of individuals 
from universities, industry, and government for the conduct 
of this research. 
§ 40113. Airspace systems research 
(a) OBJECTIVE.—The Airspace Systems Research program shall 
pursue research and development to enable revolutionary improve-
ments to and modernization of the National Airspace System, as 
well as to enable the introduction of new systems for vehicles 
that can take advantage of an improved, modern air transportation 
system. 
(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, 
the Administrator shall align the projects of the Airspace Systems 
Research program so that they directly support the objectives of 
the Joint Planning and Development Office’s Next Generation Air 
Transportation System Integrated Plan. 
§ 40114. Aviation safety and security research 
(a) OBJECTIVE.—The Aviation Safety and Security Research pro-
gram shall pursue research and development activities that directly 
address the safety and security needs of the National Airspace 
System and the aircraft that fly in it. The program shall develop
H. R. 3237—54 
prevention, intervention, and mitigation technologies aimed at 
causal, contributory, or circumstantial factors of aviation accidents. 
(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, 
the Administrator shall align the projects of the Aviation Safety 
and Security Research program so that they directly support the 
objectives of the Joint Planning and Development Office’s Next 
Generation Air Transportation System Integrated Plan. 
§ 40115. Aviation weather research 
The Administrator may carry out a program of collaborative 
research with the National Oceanic and Atmospheric Administra-
tion on convective weather events, with the goal of significantly 
improving the reliability of 2-hour to 6-hour aviation weather fore-
casts. 
§ 40116. University-based Centers for Research on Aviation 
Training 
(a) IN GENERAL.—The Administrator shall award grants to 
institutions of higher education (or consortia thereof) to establish 
one or more Centers for Research on Aviation Training under 
cooperative agreements with appropriate Administration Centers. 
(b) PURPOSE.—The purpose of the Centers for Research on Avia-
tion Training shall be to investigate the impact of new technologies 
and procedures, particularly those related to the aircraft flight 
deck and to the air traffic management functions, on training 
requirements for pilots and air traffic controllers. 
(c) APPLICATION.—An institution of higher education (or a consor-
tium of such institutions) seeking funding under this section shall 
submit an application to the Administrator at such time, in such 
manner, and containing such information as the Administrator 
may require, including, at a minimum, a 5-year research plan. 
(d) AWARD DURATION.—An award made by the Administrator 
under this section shall be for a period of 5 years and may be 
renewed on the basis of— 
(1) satisfactory performance in meeting the goals of the 
research plan proposed in the application submitted under sub-
section (c); and 
(2) other requirements as specified by the Administrator. 
SUBCHAPTER III—SCHOLARSHIPS 
§ 40131. Aeronautics scholarships 
(a) ESTABLISHMENT.—The Administrator shall establish a pro-
gram of scholarships for full-time graduate students who are United 
States citizens and are enrolled in, or have been accepted by and 
have indicated their intention to enroll in, accredited Masters degree 
programs in aeronautical engineering or equivalent programs at 
institutions of higher education. Each such scholarship shall cover 
the costs of room, board, tuition, and fees, and may be provided 
for a maximum of 2 years. 
(b) IMPLEMENTATION.—Not later than 180 days after December 
30, 2005, the Administrator shall publish regulations governing 
the scholarship program under this section. 
(c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have 
been awarded a scholarship under this section shall have the oppor-
tunity for paid employment at one of the Administration Centers 
engaged in aeronautics research and development during the