(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, 
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; 
(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
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.
(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
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.
§ 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 
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’ Con-
rad 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). 
(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— 
(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. 
(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