51 U.S.C. § 31101 — Aerospace Safety Advisory Panel

Page 77 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31101 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 him- self or herself by exceptionally meritorious ef- forts and contributions to the welfare of the Na- tion 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 pur- poses of this section. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30901(a) ...... 42 U.S.C. 2461 (1st par.). Pub. L. 91–76, § 1, Sept. 29, 1969, 83 Stat. 124. 30901(b) ...... 42 U.S.C. 2461 (last par.). Pub. L. 91–76, § 2, Sept. 29, 1969, 83 Stat. 124. § 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 ‘‘ama- teur 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 celes- tial bodies, and does not include any indi- vidual employed as a professional astronomer. (2) MINOR PLANET CENTER.—The term ‘‘Minor Planet Center’’ means the Minor Planet Cen- ter of the Smithsonian Astrophysical Observ- atory. (3) NEAR-EARTH ASTEROID.—The term ‘‘near- Earth asteroid’’ means an asteroid with a peri- helion distance of less than 1.3 Astronomical 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 es- tablish the Charles ‘‘Pete’’ Conrad Astronomy Awards Program. (2) AWARDS.—The Administrator shall make awards under the Program based on the rec- ommendations 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 in- trinsically brightest near-Earth asteroid among the near-Earth asteroids that were discovered during that year by amateur as- tronomers or groups of amateur astrono- mers. (B) GREATEST CONTRIBUTION TO CATA- LOGUING NEAR-EARTH ASTEROIDS.—The ama- teur astronomer or group of amateur as- tronomers who made the greatest contribu- tion 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 Admin- istrator in making awards under this section are final. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3372.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30902 .......... 42 U.S.C. 16792. Pub. L. 109–155, title VI, § 613, Dec. 30, 2005, 119 Stat. 2932. 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 offi- cers and employees of the Administration. (b) CHAIRMAN.—One member shall be des- ignated 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 fa- cilities 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 Admin- istrator may request. (d) COMPENSATION AND EXPENSES.— (1) COMPENSATION.— (A) FEDERAL OFFICERS AND EMPLOYEES.—A member of the Panel who is an officer or em- ployee of the Federal Government shall re- ceive no compensation for the member’s services as such. (B) MEMBERS APPOINTED FROM OUTSIDE THE FEDERAL GOVERNMENT.—A member of the Panel appointed from outside the Federal Government shall receive compensation, at a rate not to exceed the per diem rate equiv- alent to the maximum rate payable under section 5376 of title 5, for each day the mem- Page 78 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31102 ber 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 sub- sistence 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 Stand- ardized 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 manage- ment and culture related to safety. Each annual report shall include an evaluation of the Admin- istration’s compliance with the recommenda- tions of the Columbia Accident Investigation Board through retirement of the space shuttle. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3373.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31101(a) ...... 42 U.S.C. 2477(a) (1st, last sen- tences). Pub. L. 90–67, § 6, Aug. 21, 1967, 81 Stat. 170; Pub. L. 94–307, § 8, June 4, 1976, 90 Stat. 681; Pub. L. 99–234, title I, § 107(f), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 109–155, title I, § 106, Dec. 30, 2005, 119 Stat. 2912. 31101(b) ...... 42 U.S.C. 2477(a) (3d sentence). 31101(c) ...... 42 U.S.C. 2477(a) (2d sentence). 31101(d) ...... 42 U.S.C. 2477(a) (4th, 5th sen- tences). 31101(e) ...... 42 U.S.C. 2477(b). In subsection (d)(1)(B), the words ‘‘maximum rate payable under section 5376 of title 5’’ are substituted for ‘‘rate for GS–18’’ because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (Pub- lic Law 101–509, 5 U.S.C. 5376 note). In subsection (e), the date ‘‘December 30, 2005’’ is sub- stituted for ‘‘the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005’’ to reflect the date of enactment of the Na- tional Aeronautics and Space Administration Author- ization Act of 2005 (Public Law 109–155, 119 Stat. 2895). § 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 Ad- ministrator shall establish a program applica- ble to employees of the Administration whose duties include responsibility for safety-sen- sitive, security, or national security func- tions. Such program shall provide for pre- employment, reasonable suspicion, random, and post-accident testing for use, in violation of applicable law or Federal regulation, of al- cohol or a controlled substance. The Adminis- trator may also prescribe regulations, as the Administrator considers appropriate in the in- terest of safety, security, and national secu- rity, for the conduct of periodic recurring test- ing of such employees for such use in violation of applicable law or Federal regulation. (2) EMPLOYEES OF CONTRACTORS.—The Ad- ministrator shall, in the interest of safety, se- curity, and national security, prescribe regu- lations. Such regulations shall establish a pro- gram that requires Administration contrac- tors to conduct preemployment, reasonable suspicion, random, and post-accident testing of contractor employees responsible for safety- sensitive, security, or national security func- tions (as determined by the Administrator) for use, in violation of applicable law or Federal regulation, of alcohol or a controlled sub- stance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of peri- odic recurring testing of such employees for such use in violation of applicable law or Fed- eral regulation. (3) SUSPENSION, DISQUALIFICATION, OR DIS- MISSAL.—In prescribing regulations under the programs required by this subsection, the Ad- ministrator shall require, as the Adminis- trator considers appropriate, the suspension, disqualification, or dismissal of any employee to which paragraph (1) or (2) applies, in ac- cordance with the provisions of this section, in any instance where a test conducted and con- firmed under this section indicates that such employee has used, in violation of applicable law or Federal regulation, alcohol or a con- trolled substance. (c) PROHIBITION ON SERVICE.— (1) PROHIBITION UNLESS PROGRAM OF REHA- BILITATION COMPLETED.—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 con- trolled substance after December 9, 1991, shall serve as an Administration employee with re- sponsibility for safety-sensitive, 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 pro- gram of rehabilitation 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 du- ties 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 rehabilitation program de- scribed 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.—