(5) GUIDELINES.— 
(A) CITIZEN OR PERMANENT RESIDENT.—No individual who is 
not a citizen or permanent resident of the United States at the 
time of the individual’s discovery or contribution may receive an 
award under this section. 
(B) FINALITY.—The decisions of the Administrator in making 
awards under this section are final. 
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 Aerospace 
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, includ-
ing evaluating the Administration’s compliance with the return-to-flight 
and continue-to-fly recommendations of the Columbia Accident Inves-
tigation 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 member’s services as such. 
(B) MEMBERS APPOINTED FROM OUTSIDE THE FEDERAL GOV-
ERNMENT.—A member of the Panel appointed from outside 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. 
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(2) EXPENSES.—A member of the Panel shall be allowed necessary 
travel expenses (or in the alternative, mileage for use of a privately 
owned vehicle and a per diem in lieu of subsistence 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 sub-
chapter 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 Adminis-
tration’s management and culture related to safety. Each annual report 
shall include an evaluation of the Administration’s compliance with the rec-
ommendations of the Columbia Accident Investigation Board through retire-
ment of the space shuttle. 
§ 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 Adminis-
trator. 
(b) TESTING PROGRAM.— 
(1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall es-
tablish a program applicable to employees of the Administration whose 
duties include responsibility for safety-sensitive, security, or national 
security functions. Such program shall provide for preemployment, rea-
sonable suspicion, random, and post-accident testing for use, in viola-
tion 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 recurring 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, prescribe regulations. 
Such regulations shall establish a program that requires Administration 
contractors to conduct preemployment, reasonable suspicion, random, 
and post-accident testing of contractor employees responsible for safe-
ty-sensitive, security, 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 Administrator may 
also prescribe regulations, as the Administrator considers appropriate 
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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 prescribing 
regulations under the programs required by this subsection, the Admin-
istrator shall require, as the Administrator considers appropriate, the 
suspension, disqualification, or dismissal 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 appli-
cable 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 regu-
lation, alcohol or a controlled substance after December 9, 1991, shall 
serve as an Administration employee with responsibility for safety-sen-
sitive, security, or national security functions (as determined by the 
Administrator), or as an Administration contractor employee with such 
responsibility, unless such individual has completed a program of reha-
bilitation described in subsection (d). 
(2) UNCONDITIONAL PROHIBITION.—Any such individual 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 not be permitted to perform the duties 
that the individual performed 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 rehabilita-
tion program described in subsection (d); 
(C) following such determination refuses to undertake such a re-
habilitation program; or 
(D) following such determination fails to complete such a reha-
bilitation program. 
(d) PROGRAM FOR REHABILITATION.— 
(1) REGULATIONS
AND
AVAILABILITY
OF
PROGRAM
FOR
CON-
TRACTOR EMPLOYEES.—The Administrator shall prescribe regulations 
setting forth requirements for rehabilitation programs which at a min-
imum provide for the identification and opportunity for treatment of 
employees referred to in subsection (b) in need of assistance in resolv-
ing problems with the use, in violation of applicable law or Federal reg-
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ulation, of alcohol or a controlled substance. Each contractor is encour-
aged to make such a program available to all of its employees in addi-
tion to those employees referred to in subsection (b)(2). The Adminis-
trator shall determine the circumstances under which such employees 
shall be required to participate in such a program. Nothing in this sub-
section shall preclude any Administration contractor from establishing 
a program under this subsection in cooperation with any other such 
contractor. 
(2) ESTABLISHMENT AND MAINTENANCE OF PROGRAM FOR ADMINIS-
TRATION EMPLOYEES.—The Administrator shall establish and maintain 
a rehabilitation program which at a minimum provides for the identi-
fication and opportunity for treatment of those employees of the Ad-
ministration whose duties include responsibility for safety-sensitive, se-
curity, 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 subse-
quent amendments thereto, including mandatory guidelines which— 
(A) establish comprehensive standards for all aspects of labora-
tory controlled substances testing and laboratory procedures to be 
applied in carrying out this section, including standards which re-
quire the use of the best available technology for ensuring the full 
reliability and accuracy of controlled substances tests and strict 
procedures 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; 
(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 performing screening and confirma-
tion tests; 
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