(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. 
§ 30703. Foreign launch vehicles 
(a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Administra-
tion shall not launch a payload on a foreign launch vehicle except in accord-
ance with the Space Transportation Policy announced by the President on 
December 21, 2004. This subsection shall not be construed to prevent the 
President from waiving the Space Transportation Policy. 
(b) INTERAGENCY COORDINATION.—The Administration shall not launch 
a payload on a foreign launch vehicle unless the Administration commenced 
the interagency coordination required by the Space Transportation Policy 
announced by the President on December 21, 2004, at least 90 days before 
entering into a development contract for the payload. 
(c) APPLICATION.—This section shall not apply to any payload for which 
development has begun prior to December 30, 2005, including the James 
Webb Space Telescope. 
§ 30704. Offshore performance of contracts for the procure-
ment of goods and services 
The Administrator shall submit to Congress, not later than 120 days 
after the end of each fiscal year, a report on the contracts and subcontracts 
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performed overseas and the amount of purchases directly or indirectly by 
the Administration from foreign entities in that fiscal year. The report shall 
separately indicate— 
(1) the contracts and subcontracts and their dollar values for which 
the Administrator determines that essential goods or services under the 
contract are available only from a source outside the United States; 
and 
(2) the items and their dollar values for which the Buy American 
Act (41 U.S.C. 10a et seq.) was waived pursuant to obligations of the 
United States under international agreements. 
CHAPTER 309—AWARDS 
Sec. 
30901.
Congressional Space Medal of Honor. 
30902.
Charles ‘‘Pete’’ Conrad Astronomy Awards. 
§ 30901. Congressional Space Medal of Honor 
(a) AUTHORITY TO AWARD.—The President may award, and present in 
the name of Congress, a medal of appropriate design, which shall be known 
as the Congressional Space Medal of Honor, to any astronaut who in the 
performance of the astronaut’s duties has distinguished himself or herself 
by exceptionally meritorious efforts and contributions to the welfare of the 
Nation and of humankind. 
(b) APPROPRIATIONS.—There is authorized to be appropriated from time 
to time such sums of money as may be necessary to carry out the purposes 
of this section. 
§ 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards 
(a) SHORT TITLE.—This section may be cited as the ‘‘Charles ‘Pete’ 
Conrad Astronomy Awards Act’’. 
(b) DEFINITIONS.—In this section: 
(1) AMATEUR
ASTRONOMER.—The term ‘‘amateur astronomer’’ 
means an individual whose employer does not provide any funding, pay-
ment, or compensation to the individual for the observation of asteroids 
and other celestial bodies, and does not include any individual employed 
as a professional astronomer. 
(2) MINOR
PLANET
CENTER.—The term ‘‘Minor Planet Center’’ 
means the Minor Planet Center of the Smithsonian Astrophysical Ob-
servatory. 
(3) NEAR-EARTH
ASTEROID.—The term ‘‘near-Earth asteroid’’ 
means an asteroid with a perihelion distance of less than 1.3 Astro-
nomical Units from the Sun. 
(4) PROGRAM.—The term ‘‘Program’’ means the Charles ‘‘Pete’’ 
Conrad Astronomy Awards Program established under subsection (c). 
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(c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS PROGRAM.— 
(1) IN GENERAL.—The Administrator shall establish the Charles 
‘‘Pete’’ Conrad Astronomy Awards Program. 
(2) AWARDS.—The Administrator shall make awards under the Pro-
gram based on the recommendations of the Minor Planet Center. 
(3) AWARD CATEGORIES.—The Administrator shall make one annual 
award, unless there are no eligible discoveries or contributions, for each 
of the following categories: 
(A) DISCOVERY OF BRIGHTEST NEAR-EARTH ASTEROID.—The 
amateur astronomer or group of amateur astronomers who in the 
preceding calendar year discovered the intrinsically brightest near- 
Earth asteroid among the near-Earth asteroids that were discov-
ered during that year by amateur astronomers or groups of ama-
teur astronomers. 
(B) GREATEST CONTRIBUTION TO CATALOGUING NEAR-EARTH 
ASTEROIDS.—The amateur astronomer or group of amateur as-
tronomers who made the greatest contribution to the Minor Planet 
Center’s mission of cataloguing near-Earth asteroids during the 
preceding year. 
(4) AWARD AMOUNT.—An award under the Program shall be in the 
amount of $3,000. 
(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— 
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(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. 
(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. 
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(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 
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 
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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-
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— 
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(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; 
(4) provide that all tests which indicate the use, in violation of appli-
cable law or Federal regulation, of alcohol or a controlled substance by 
any individual shall be confirmed by a scientifically recognized method 
of testing capable of providing quantitative 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 re-
sults are positive the individual has an opportunity to have the retained 
portion assayed by a confirmation test done independently at a second 
certified laboratory if the individual requests the independent test with-
in 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; 
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(7) provide for the confidentiality of test results and medical infor-
mation of employees; and 
(8) ensure that employees are selected for tests by nondiscriminatory 
and impartial methods, so that no employee is harassed by being treat-
ed 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, ordi-
nance, standard, or order that is inconsistent with the regulations pro-
mulgated under this section. 
(2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 9, 
1991.—Nothing in this section shall be construed to restrict the discre-
tion of the Administrator to continue in force, amend, or further sup-
plement any regulations issued before December 9, 1991, that govern 
the use of alcohol and controlled substances by Administration employ-
ees with responsibility for safety-sensitive, security, and national secu-
rity functions (as determined by the Administrator), or by Administra-
tion 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 longitu-
dinal health effects of space flight on humans. In the development of the 
plan, the Administrator shall consider the need for the establishment of a 
lifetime healthcare program for Administration 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 independent 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. 
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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 agen-
cies, 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 reg-
ular basis. 
§ 31503. Laboratory productivity 
The Administration’s laboratories are a critical component of the Admin-
istration’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 coordination with other 
agencies that have existing civil capabilities, shall continue to utilize the ca-
pabilities of unmanned aerial vehicles as appropriate in support of Adminis-
tration and interagency cooperative missions. The Administrator may enter 
into cooperative agreements with universities with unmanned aerial vehicle 
programs and related assets to conduct collaborative research and develop-
ment 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 en-
hanced-use lease policy that— 
(1) is based upon sound business practices and lessons learned from 
the demonstration centers; and 
(2) establishes controls and procedures to ensure accountability 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. 
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