(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 30307(a) of this title), or-
ganized under the laws of the United States or of a State (as defined 
in section 30307(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 30306, 30307, 
30308, or 30702 of this title, or the National Aero-
nautics and Space Administration Authorization Act of 
2000 (Public Law 106–391, 114 Stat. 1577); 
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(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. 
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(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 beginning with the first fiscal year after 
December 30, 2005, a report on the contracts and subcontracts performed 
overseas and the amount of purchases directly or indirectly by the Adminis-
tration 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. 
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(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. 
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