PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4779 

Public Law 110–422 

110th Congress 

An Act 

To authorize the programs of the National Aeronautics and Space Administration, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National 

Aeronautics and Space Administration Authorization Act of 2008’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009 

Sec. 101. Fiscal year 2009. 

TITLE II—EARTH SCIENCE 

Sec. 201. Goal. 

Sec. 202. Governance of United States Earth Observations activities. 

Sec. 203. Decadal survey missions. 

Sec. 204. Transitioning experimental research into operational services. 

Sec. 205. Landsat thermal infrared data continuity. 

Sec. 206. Reauthorization of Glory Mission. 

Sec. 207. Plan for disposition of Deep Space Climate Observatory. 

Sec. 208. Tornadoes and other severe storms. 

TITLE III—AERONAUTICS 

Sec. 301. Sense of Congress. 

Sec. 302. Environmentally friendly aircraft research and development initiative. 

Sec. 303. Research alignment. 

Sec. 304. Research program to determine perceived impact of sonic booms. 

Sec. 305. External review of NASA’s aviation safety-related research programs. 

Sec. 306. Aviation weather research plan. 

Sec. 307. Funding for research and development activities in support of other mission directorates. 

Sec. 308. Enhancement of grant program on establishment of university-based centers for research on aviation training. 

TITLE IV—EXPLORATION INITIATIVE 

Sec. 401. Sense of Congress. 

Sec. 402. Reaffirmation of exploration policy. 

Sec. 403. Stepping stone approach to exploration. 

Sec. 404. Lunar outpost. 

Sec. 405. Exploration technology development. 

Sec. 406. Exploration risk mitigation plan. 

Sec. 407. Exploration crew rescue. 

Sec. 408. Participatory exploration. 

Sec. 409. Science and exploration. 

Sec. 410. Congressional Budget Office report update. 

TITLE V—SPACE SCIENCE 

Sec. 501. Technology development. 

42 USC 17701 

note. 

National 

Aeronautics 

and Space 

Administration 

Authorization 

Act of 2008. 

Oct. 15, 2008 

[H.R. 6063] 


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122 STAT. 4780 PUBLIC LAW 110–422—OCT. 15, 2008 

Sec. 502. Provision for future servicing of observatory-class scientific spacecraft. 

Sec. 503. Mars exploration. 

Sec. 504. Importance of a balanced science program. 

Sec. 505. Suborbital research activities. 

Sec. 506. Restoration of radioisotope thermoelectric generator material production. 

Sec. 507. Assessment of impediments to interagency cooperation on space and 

Earth science missions. 

Sec. 508. Assessment of cost growth. 

Sec. 509. Outer planets exploration. 

TITLE VI—SPACE OPERATIONS 

Subtitle A—International Space Station 

Sec. 601. Plan to support operation and utilization of the ISS beyond fiscal year 

2015. 

Sec. 602. International Space Station National Laboratory Advisory Committee. 

Sec. 603. Contingency plan for cargo resupply. 

Sec. 604. Sense of Congress on use of Space Life Sciences Laboratory at Kennedy 

Space Center. 

Subtitle B—Space Shuttle 

Sec. 611. Space Shuttle flight requirements. 

Sec. 612. United States commercial cargo capability status. 

Sec. 613. Space Shuttle transition. 

Sec. 614. Aerospace skills retention and investment reutilization report. 

Sec. 615. Temporary continuation of coverage of health benefits. 

Sec. 616. Accounting report. 

Subtitle C—Launch Services 

Sec. 621. Launch services strategy. 

TITLE VII—EDUCATION 

Sec. 701. Response to review. 

Sec. 702. External review of explorer schools program. 

Sec. 703. Sense of Congress on EarthKAM and robotics competitions. 

Sec. 704. Enhancement of educational role of NASA. 

TITLE VIII—NEAR-EARTH OBJECTS 

Sec. 801. Reaffirmation of policy. 

Sec. 802. Findings. 

Sec. 803. Requests for information. 

Sec. 804. Establishment of policy with respect to threats posed by near-earth objects. 

Sec. 805. Planetary radar capability. 

Sec. 806. Arecibo observatory. 

Sec. 807. International resources. 

TITLE IX—COMMERCIAL INITIATIVES 

Sec. 901. Sense of Congress. 

Sec. 902. Commercial crew initiative. 

TITLE X—REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES 

Sec. 1001. Review of information security controls. 

Sec. 1002. Maintenance and upgrade of Center facilities. 

Sec. 1003. Assessment of NASA laboratory capabilities. 

Sec. 1004. Study and report on project assignment and work allocation of field centers. 

TITLE XI—OTHER PROVISIONS 

Sec. 1101. Space weather. 

Sec. 1102. Initiation of discussions on development of framework for space traffic 

management. 

Sec. 1103. Astronaut health care. 

Sec. 1104. National Academies decadal surveys. 

Sec. 1105. Innovation prizes. 

Sec. 1106. Commercial space launch range study. 

Sec. 1107. NASA outreach program. 

Sec. 1108. Reduction-in-force moratorium. 

Sec. 1109. Protection of scientific credibility, integrity, and communication within 

NASA. 


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Sec. 1110. Sense of Congress regarding the need for a robust workforce. 

Sec. 1111. Methane inventory. 

Sec. 1112. Exception to alternative fuel procurement requirement. 

Sec. 1113. Sense of Congress on the importance of the NASA Office of Program 

Analysis and Evaluation. Sec. 1114. Sense of Congress on elevating the importance of space and aeronautics 

within the Executive Office of the President. 

Sec. 1115. Study on leasing practices of field centers. 

Sec. 1116. Cooperative unmanned aerial vehicle activities. 

Sec. 1117. Development of enhanced-use lease policy. 

Sec. 1118. Sense of Congress with respect to the Michoud Assembly Facility and 

NASA’s other centers and facilities. 

Sec. 1119. Report on U.S. industrial base for launch vehicle engines. 

Sec. 1120. Sense of Congress on precursor International Space Station research. 

Sec. 1121. Limitation on funding for conferences. 

Sec. 1122. Report on NASA efficiency and performance. 

SEC. 2. FINDINGS. 

The Congress finds, on this, the 50th anniversary of the 

establishment of the National Aeronautics and Space Administration, the following: 

(1) NASA is and should remain a multimission agency 

with a balanced and robust set of core missions in science, 

aeronautics, and human space flight and exploration. 

(2) Investment in NASA’s programs will promote innovation 

through research and development, and will improve the 

competitiveness of the United States. 

(3) Investment in NASA’s programs, like investments in 

other Federal science and technology activities, is an investment 

in our future. 

(4) Properly structured, NASA’s activities can contribute 

to an improved quality of life, economic vitality, United States 

leadership in peaceful cooperation with other nations on challenging undertakings in science and technology, national security, and the advancement of knowledge. 

(5) NASA should assume a leadership role in a cooperative 

international Earth observations and research effort to address 

key research issues associated with climate change and its 

impacts on the Earth system. 

(6) NASA should undertake a program of aeronautical 

research, development, and where appropriate demonstration 

activities with the overarching goals of— 

(A) ensuring that the Nation’s future air transportation 

system can handle up to 3 times the current travel demand 

and incorporate new vehicle types with no degradation 

in safety or adverse environmental impact on local communities; 

(B) protecting the environment; 

(C) promoting the security of the Nation; and 

(D) retaining the leadership of the United States in 

global aviation. 

(7) Human and robotic exploration of the solar system 

will be a significant long-term undertaking of humanity in 

the 21st century and beyond, and it is in the national interest 

that the United States should assume a leadership role in 

a cooperative international exploration initiative. 

(8) Developing United States human space flight capabilities to allow independent American access to the International 

Space Station, and to explore beyond low Earth orbit, is a 

strategically important national imperative, and all prudent 

steps should thus be taken to bring the Orion Crew Exploration 

42 USC 17701. 


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122 STAT. 4782 PUBLIC LAW 110–422—OCT. 15, 2008 

Vehicle and Ares I Crew Launch Vehicle to full operational 

capability as soon as possible and to ensure the effective 

development of a United States heavy lift launch capability 

for missions beyond low Earth orbit. 

(9) NASA’s scientific research activities have contributed 

much to the advancement of knowledge, provided societal benefits, and helped train the next generation of scientists and 

engineers, and those activities should continue to be an important priority. 

(10) NASA should make a sustained commitment to a 

robust long-term technology development activity. Such investments represent the critically important ‘‘seed corn’’ on which 

NASA’s ability to carry out challenging and productive missions 

in the future will depend. 

(11) NASA, through its pursuit of challenging and relevant 

activities, can provide an important stimulus to the next 

generation to pursue careers in science, technology, engineering, 

and mathematics. 

(12) Commercial activities have substantially contributed 

to the strength of both the United States space program and 

the national economy, and the development of a healthy and 

robust United States commercial space sector should continue 

to be encouraged. 

(13) It is in the national interest for the United States 

to have an export control policy that protects the national 

security while also enabling the United States aerospace 

industry to compete effectively in the global market place and 

the United States to undertake cooperative programs in science 

and human space flight in an effective and efficient manner. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of NASA. 

(2) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration. 

(3) NOAA.—The term ‘‘NOAA’’ means the National Oceanic 

and Atmospheric Administration. 

(4) OSTP.—The term ‘‘OSTP’’ means the Office of Science 

and Technology Policy. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009 

SEC. 101. FISCAL YEAR 2009. 

There are authorized to be appropriated to NASA for fiscal 

year 2009 $20,210,000,000, as follows: 

(1) For Science, $4,932,200,000, of which— 

(A) $1,518,000,000 shall be for Earth Science, including 

$29,200,000 for suborbital activities and $2,500,000 for carrying out section 313 of the National Aeronautics and Space 

Administration Authorization Act of 2005 (Public Law 109– 

155); 

(B) $1,483,000,000 shall be for Planetary Science, 

including $486,500,000 for the Mars Exploration program, 

$2,000,000 to continue planetary radar operations at the 

42 USC 17702. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4783 

Arecibo Observatory in support of the Near-Earth Object 

program, and $5,000,000 for radioisotope material production, to remain available until expended; (C) $1,290,400,000 shall be for Astrophysics, including 

$27,300,000 for suborbital activities; 

(D) $640,800,000 shall be for Heliophysics, including 

$50,000,000 for suborbital activities; and 

(E) $75,000,000 shall be for Intra-Science Mission 

Directorate Technology Development, to be taken on a 

proportional basis from the funding subtotals under subparagraphs (A), (B), (C), and (D). 

(2) For Aeronautics, $853,400,000, of which $406,900,000 

shall be for system-level research, development, and demonstration activities related to— 

(A) aviation safety; 

(B) environmental impact mitigation, including noise, 

energy efficiency, and emissions; 

(C) support of the Next Generation Air Transportation 

System initiative; and 

(D) investigation of new vehicle concepts and flight 

regimes. 

(3) For Exploration, $4,886,000,000, of which— 

(A) $3,886,000,000 shall be for baseline exploration 

activities, of which $100,000,000 shall be for the activities 

under sections 902(a)(4) and 902(d), such funds to remain 

available until expended; no less than $1,101,400,000 shall 

be for the Orion Crew Exploration Vehicle; no less than 

$1,018,500,000 shall be for Ares I Crew Launch Vehicle; 

and $737,800,000 shall be for Advanced Capabilities, 

including $106,300,000 for the Lunar Precursor Robotic 

Program (of which $30,000,000 shall be for the lunar lander 

mission), $276,500,000 shall be for International Space Station-related research and development activities, and 

$355,000,000 shall be for research and development activities not related to the International Space Station; and 

(B) $1,000,000,000 shall be available to be used to 

accelerate the initial operating capability of the Orion Crew 

Exploration Vehicle and the Ares I Crew Launch Vehicle, 

to remain available until expended. 

(4) For Education, $128,300,000, of which $14,200,000 shall 

be for the Experimental Program to Stimulate Competitive 

Research and $32,000,000 shall be for the Space Grant program. 

(5) For Space Operations, $6,074,700,000, of which— 

(A) $150,000,000 shall be for an additional Space 

Shuttle flight to deliver the Alpha Magnetic Spectrometer 

to the International Space Station; 

(B) $100,000,000 shall be to augment funding for 

research utilization of the International Space Station 

National Laboratory, to remain available until expended; 

and 

(C) $50,000,000 shall be to augment funding for Space 

Operations Mission Directorate reserves and Shuttle 

Transition and Retirement activities. 

(6) For Cross-Agency Support Programs, $3,299,900,000, 

of which $4,000,000 shall be for the program established under 

section 1107(a), to remain available until expended. 


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(7) For Inspector General, $35,500,000. 

TITLE II—EARTH SCIENCE 

SEC. 201. GOAL. 

The goal for NASA’s Earth Science program shall be to pursue 

a program of Earth observations, research, and applications activities to better understand the Earth, how it supports life, and 

how human activities affect its ability to do so in the future. 

In pursuit of this goal, NASA’s Earth Science program shall ensure 

that securing practical benefits for society will be an important 

measure of its success in addition to securing new knowledge about 

the Earth system and climate change. In further pursuit of this 

goal, NASA shall, together with NOAA and other relevant agencies, 

provide United States leadership in developing and carrying out 

a cooperative international Earth observations-based research program. 

SEC. 202. GOVERNANCE OF UNITED STATES EARTH OBSERVATIONS 

ACTIVITIES. 

(a) STUDY.—The Director of OSTP shall consult with NASA, 

NOAA, and other relevant agencies with an interest in Earth 

observations and enter into an arrangement with the National 

Academies for a study to determine the most appropriate governance structure for United States Earth Observations programs in 

order to meet evolving United States Earth information needs and 

facilitate United States participation in global Earth Observations 

initiatives. 

(b) REPORT.—The Director shall transmit the study to the Committee on Science and Technology of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate not later than 18 months after the date of enactment 

of this Act, and shall provide OSTP’s plan for implementing the 

study’s recommendations not later than 24 months after the date 

of enactment of this Act. 

SEC. 203. DECADAL SURVEY MISSIONS. 

(a) IN GENERAL.—The missions recommended in the National 

Academies’ decadal survey ‘‘Earth Science and Applications from 

Space’’ provide the basis for a compelling and relevant program 

of research and applications, and the Administrator should work 

to establish an international cooperative effort to pursue those 

missions. 

(b) PLAN.—The Administrator shall consult with all agencies 

referenced in the survey as responsible for spacecraft missions 

and prepare a plan for submission to Congress not later than 

270 days after the date of enactment of this Act that shall describe 

how NASA intends to implement the missions recommended for 

NASA to conduct as described in subsection (a), whether by means 

of dedicated NASA missions, multi-agency missions, international 

cooperative missions, data sharing, or commercial data buys, or 

by means of long-term technology development to determine 

whether specific missions would be executable at a reasonable cost 

and within a reasonable schedule. 

Consultation. 

Deadline. 

Plan. 

Consultation. 

42 USC 17711. 


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SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO OPERATIONAL SERVICES. 

(a) SENSE OF CONGRESS.—It is the sense of the Congress that 

experimental NASA sensors and missions that have the potential 

to benefit society if transitioned into operational monitoring systems 

be transitioned into operational status whenever possible. 

(b) INTERAGENCY PROCESS.—The Director of OSTP, in consultation with the Administrator, the Administrator of NOAA, and other 

relevant stakeholders, shall develop a process to transition, when 

appropriate, NASA Earth science and space weather missions or 

sensors into operational status. The process shall include coordination of annual agency budget requests as required to execute the 

transitions. 

(c) RESPONSIBLE AGENCY OFFICIAL.—The Administrator and 

the Administrator of NOAA shall each designate an agency official 

who shall have the responsibility for and authority to lead NASA’s 

and NOAA’s transition activities and interagency coordination. 

(d) PLAN.—For each mission or sensor that is determined to 

be appropriate for transition under subsection (b), NASA and NOAA 

shall transmit to Congress a joint plan for conducting the transition. 

The plan shall include the strategy, milestones, and budget required 

to execute the transition. The transition plan shall be transmitted 

to Congress not later than 60 days after the successful completion 

of the mission or sensor critical design review. 

SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY. 

(a) PLAN.—In view of the importance of Landsat thermal 

infrared data for both scientific research and water management 

applications, the Administrator shall prepare a plan for ensuring 

the continuity of Landsat thermal infrared data or its equivalent, 

including allocation of costs and responsibility for the collection 

and distribution of the data, and a budget plan. As part of the 

plan, the Administrator shall provide an option for developing a 

thermal infrared sensor at minimum cost to be flown on the Landsat 

Data Continuity Mission with minimum delay to the schedule of 

the Landsat Data Continuity Mission. 

(b) DEADLINE.—The plan shall be provided to Congress not 

later than 60 days after the date of enactment of this Act. 

SEC. 206. REAUTHORIZATION OF GLORY MISSION. 

(a) REAUTHORIZATION.—Congress reauthorizes NASA to continue with development of the Glory Mission, which will examine 

how aerosols and solar energy affect the Earth’s climate. 

(b) BASELINE REPORT.—Pursuant to the National Aeronautics 

and Space Administration Authorization Act of 2005 (Public Law 

109–155), not later than 90 days after the date of enactment of 

this Act, the Administrator shall transmit a new baseline report 

consistent with section 103(b)(2) of such Act. The report shall 

include an analysis of the factors contributing to cost growth and 

the steps taken to address them. 

SEC. 207. PLAN FOR DISPOSITION OF DEEP SPACE CLIMATE OBSERVATORY. 

(a) PLAN.—NASA shall develop a plan for the Deep Space 

Climate Observatory (DSCOVR), including such options as using 

the parts of the spacecraft in the development and assembly of 

other science missions, transferring the spacecraft to another 

42 USC 17713. 

Deadline. 

Designation. 

42 USC 17712. 


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122 STAT. 4786 PUBLIC LAW 110–422—OCT. 15, 2008 

agency, reconfiguring the spacecraft for another Earth science mission, establishing a public-private partnership for the mission, and 

entering into an international cooperative partnership to use the 

spacecraft for its primary or other purposes. The plan shall include 

an estimate of budgetary resources and schedules required to implement each of the options. 

(b) CONSULTATION.—NASA shall consult, as necessary, with 

NOAA and other Federal agencies, industry, academic institutions, 

and international space agencies in developing the plan. 

(c) REPORT.—The Administrator shall transmit the plan 

required under subsection (a) to the Committee on Science and 

Technology of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate not later 

than 180 days after the date of enactment of this Act. 

SEC. 208. TORNADOES AND OTHER SEVERE STORMS. 

The Administrator shall ensure that NASA gives high priority 

to those parts of its existing cooperative activities with NOAA 

that are related to the study of tornadoes and other severe storms, 

tornado-force winds, and other factors determined to influence the 

development of tornadoes and other severe storms, with the goal 

of improving the Nation’s ability to predict tornados and other 

severe storms. Further, the Administrator shall examine whether 

there are additional cooperative activities with NOAA that should 

be undertaken in the area of tornado and severe storm research. 

TITLE III—AERONAUTICS 

SEC. 301. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) aeronautics research continues to be an important core 

element of NASA’s mission and should be supported; 

(2) NASA aeronautics research should be guided by and 

consistent with the national policy to guide aeronautics research 

and development programs of the United States developed in 

accordance with section 101(c) of the National Aeronautics and 

Space Administration Authorization Act of 2005 (42 U.S.C. 

16611); and 

(3) technologies developed by NASA as described in paragraph (2) would help to secure the leadership role of the United 

States in global aviation and greatly enhance competitiveness 

of the United States in aeronautics in the future. 

SEC. 302. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND 

DEVELOPMENT INITIATIVE. 

The Administrator shall establish an initiative involving NASA, 

universities, industry, and other research organizations as appropriate, of research, development, and demonstration, in a relevant 

environment, of technologies to enable the following commercial 

aircraft performance characteristics: 

(1) Noise levels on takeoff and on airport approach and 

landing that do not exceed ambient noise levels in the absence 

of flight operations in the vicinity of airports from which such 

commercial aircraft would normally operate, without increasing 

energy consumption or nitrogen oxide emissions compared to 

aircraft in commercial service as of the date of enactment 

of this Act. 

42 USC 17721. 

42 USC 17714. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4787 

(2) Significant reductions in greenhouse gas emissions compared to aircraft in commercial services as of the date of enactment of this Act. 

SEC. 303. RESEARCH ALIGNMENT. 

In addition to pursuing the research and development initiative 

described in section 302, the Administrator shall, to the maximum 

extent practicable within available funding, align the fundamental 

aeronautics research program to address high priority technology 

challenges of the National Academies’ Decadal Survey of Civil Aeronautics, and shall work to increase the degree of involvement of 

external organizations, and especially of universities, in the fundamental aeronautics research program. 

SEC. 304. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT 

OF SONIC BOOMS. 

(a) IN GENERAL.—The ability to fly commercial aircraft over 

land at supersonic speeds without adverse impacts on the environment or on local communities would open new markets and enable 

new transportation capabilities. In order to have the basis for 

establishing appropriate sonic boom standards for such flight operations, a research program is needed to assess the impact in a 

relevant environment of commercial supersonic flight operations. 

(b) ESTABLISHMENT.—The Administrator shall establish a 

cooperative research program with industry, including the conduct 

of flight demonstrations in a relevant environment, to collect data 

on the perceived impact of sonic booms. The data could enable 

the promulgation of appropriate standards for overland commercial 

supersonic flight operations. 

(c) COORDINATION.—The Administrator shall ensure that sonic 

boom research is coordinated as appropriate with the Administrator 

of the Federal Aviation Administration, and as appropriate make 

use of the expertise of the Partnership for Air Transportation Noise 

and Emissions Reduction Center of Excellence sponsored by NASA 

and the Federal Aviation Administration. 

SEC. 305. EXTERNAL REVIEW OF NASA’S AVIATION SAFETY-RELATED 

RESEARCH PROGRAMS. 

(a) REVIEW.—The Administrator shall enter into an arrangement with the National Research Council for an independent review 

of NASA’s aviation safety-related research programs. The review 

shall assess whether— 

(1) the programs have well-defined, prioritized, and appropriate research objectives; 

(2) the programs are properly coordinated with the safety 

research programs of the Federal Aviation Administration and 

other relevant Federal agencies; 

(3) the programs have allocated appropriate resources to 

each of the research objectives; and 

(4) suitable mechanisms exist for transitioning the research 

results from the programs into operational technologies and 

procedures and certification activities in a timely manner. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate a report on the results of the review required in subsection 

(a). 

42 USC 17723. 

42 USC 17722. 


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SEC. 306. AVIATION WEATHER RESEARCH PLAN. 

The Administrator and the Administrator of NOAA shall 

develop a collaborative research plan on convective weather events. 

The goal of the research is to significantly improve the reliability 

of 2-hour to 6-hour aviation weather forecasts. Within 270 days 

after the date of enactment of this Act, the Administrator and 

the Administrator of NOAA shall submit this plan to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Science and Technology of the House of Representatives. 

SEC. 307. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES 

IN SUPPORT OF OTHER MISSION DIRECTORATES. 

Research and development activities performed by the Aeronautics Research Mission Directorate with the primary objective 

of assisting in the development of a flight project in another Mission 

Directorate shall be funded by the Mission Directorate seeking 

assistance. 

SEC. 308. ENHANCEMENT OF GRANT PROGRAM ON ESTABLISHMENT 

OF UNIVERSITY-BASED CENTERS FOR RESEARCH ON 

AVIATION TRAINING. 

Section 427(a) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155) is amended 

by striking ‘‘may’’ and inserting ‘‘shall’’. 

TITLE IV—EXPLORATION INITIATIVE 

SEC. 401. SENSE OF CONGRESS. 

It is the sense of Congress that the President of the United 

States should invite America’s friends and allies to participate 

in a long-term international initiative under the leadership of the 

United States to expand human and robotic presence into the 

solar system, including the exploration and utilization of the Moon, 

near Earth asteroids, Lagrangian points, and eventually Mars and 

its moons, among other exploration and utilization goals. When 

appropriate, the United States should lead confidence building 

measures that advance the long-term initiative for international 

cooperation. 

SEC. 402. REAFFIRMATION OF EXPLORATION POLICY. 

Congress hereby affirms its support for— 

(1) the broad goals of the space exploration policy of the 

United States, including the eventual return to and exploration 

of the Moon and other destinations in the solar system and 

the important national imperative of independent access to 

space; 

(2) the development of technologies and operational 

approaches that will enable a sustainable long-term program 

of human and robotic exploration of the solar system; 

(3) activity related to Mars exploration, particularly for 

the development and testing of technologies and mission concepts needed for eventual consideration of optional mission 

architectures, pursuant to future authority to proceed with 

the consideration and implementation of such architectures; 

and 

42 USC 16727. 

42 USC 17724. 

Deadline. 


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(4) international participation and cooperation, as well as 

commercial involvement in space exploration activities. 

SEC. 403. STEPPING STONE APPROACH TO EXPLORATION. 

In order to maximize the cost-effectiveness of the long-term 

exploration and utilization activities of the United States, the 

Administrator shall take all necessary steps, including engaging 

international partners, to ensure that activities in its lunar exploration program shall be designed and implemented in a manner 

that gives strong consideration to how those activities might also 

help meet the requirements of future exploration and utilization 

activities beyond the Moon. The timetable of the lunar phase of 

the long-term international exploration initiative shall be determined by the availability of funding. However, once an explorationrelated project enters its development phase, the Administrator 

shall seek, to the maximum extent practicable, to complete that 

project without undue delays. 

SEC. 404. LUNAR OUTPOST. 

(a) ESTABLISHMENT.—As NASA works toward the establishment 

of a lunar outpost, NASA shall make no plans that would require 

a lunar outpost to be occupied to maintain its viability. Any such 

outpost shall be operable as a human-tended facility capable of 

remote or autonomous operation for extended periods. 

(b) DESIGNATION.—The United States portion of the first 

human-tended outpost established on the surface of the Moon shall 

be designated the ‘‘Neil A. Armstrong Lunar Outpost’’. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

NASA should make use of commercial services to the maximum 

extent practicable in support of its lunar outpost activities. 

SEC. 405. EXPLORATION TECHNOLOGY DEVELOPMENT. 

(a) IN GENERAL.—A robust program of long-term explorationrelated technology research and development will be essential for 

the success and sustainability of any enduring initiative of human 

and robotic exploration of the solar system. 

(b) ESTABLISHMENT.—The Administrator shall carry out a program of long-term exploration-related technology research and 

development, including such things as in-space propulsion, power 

systems, life support, and advanced avionics, that is not tied to 

specific flight projects. The program shall have the funding goal 

of ensuring that the technology research and development can be 

completed in a timely manner in order to support the safe, successful, and sustainable exploration of the solar system. In addition, 

in order to ensure that the broadest range of innovative concepts 

and technologies are captured, the long-term technology program 

shall have the goal of having a significant portion of its funding 

available for external grants and contracts with universities, 

research institutions, and industry. 

SEC. 406. EXPLORATION RISK MITIGATION PLAN. 

(a) PLAN.—The Administrator shall prepare a plan that identifies and prioritizes the human and technical risks that will need 

to be addressed in carrying out human exploration beyond low 

Earth orbit and the research and development activities required 

to address those risks. The plan shall address the role of the 

International Space Station in exploration risk mitigation and 

42 USC 17733. 

42 USC 17732. 

42 USC 17731. 


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include a detailed description of the specific steps being taken 

to utilize the International Space Station for that purpose. 

(b) REPORT.—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 the plan described in subsection (a) not later than 

one year after the date of enactment of this Act. 

SEC. 407. EXPLORATION CREW RESCUE. 

In order to maximize the ability to rescue astronauts whose 

space vehicles have become disabled, the Administrator shall enter 

into discussions with the appropriate representatives of spacefaring 

nations who have or plan to have crew transportation systems 

capable of orbital flight or flight beyond low Earth orbit for the 

purpose of agreeing on a common docking system standard. 

SEC. 408. PARTICIPATORY EXPLORATION. 

(a) IN GENERAL.—The Administrator shall develop a technology 

plan to enable dissemination of information to the public to allow 

the public to experience missions to the Moon, Mars, or other 

bodies within our solar system by leveraging advanced exploration 

technologies. The plan shall identify opportunities to leverage technologies in NASA’s Constellation systems that deliver a rich, multimedia experience to the public, and that facilitate participation 

by the public, the private sector, nongovernmental organizations, 

and international partners. Technologies for collecting high-definition video, 3-dimensional images, and scientific data, along with 

the means to rapidly deliver this content through extended high 

bandwidth communications networks, shall be considered as part 

of this plan. It shall include a review of high bandwidth radio 

and laser communications, high-definition video, stereo imagery, 

3-dimensional scene cameras, and Internet routers in space, from 

orbit, and on the lunar surface. The plan shall also consider secondary cargo capability for technology validation and science mission opportunities. In addition, the plan shall identify opportunities 

to develop and demonstrate these technologies on the International 

Space Station and robotic missions to the Moon, Mars, and other 

solar system bodies. As part of the technology plan, the Administrator shall examine the feasibility of having NASA enter into 

contracts and other agreements with appropriate public, private 

sector, and international partners to broadcast electronically, 

including via the Internet, images and multimedia records delivered 

from its missions in space to the public, and shall identify issues 

associated with such contracts and other agreements. In any such 

contracts and other agreements, NASA shall adhere to a transparent bidding process to award such contracts and other agreements, pursuant to United States law. As part of this plan, the 

Administrator shall include estimates of associated costs. 

(b) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit the plan to the 

Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate. 

SEC. 409. SCIENCE AND EXPLORATION. 

It is the sense of Congress that NASA’s scientific and human 

exploration activities are synergistic; science enables exploration 

and human exploration enables science. The Congress encourages 

Technology plan. 

42 USC 17734. 


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the Administrator to coordinate, where practical, NASA’s science 

and exploration activities with the goal of maximizing the success 

of human exploration initiatives and furthering our understanding 

of the Universe that we explore. 

SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE. 

Not later than 6 months after the date of enactment of this 

Act, the Congressional Budget Office shall update its report from 

2004 on the budgetary analysis of NASA’s Vision for the Nation’s 

Space Exploration Program, including new estimates for Project 

Constellation, NASA’s new generation of spacecraft designed for 

human space flight that will replace the Space Shuttle program. 

TITLE V—SPACE SCIENCE 

SEC. 501. TECHNOLOGY DEVELOPMENT. 

The Administrator shall establish an intra-Directorate longterm technology development program for space and Earth science 

within the Science Mission Directorate for the development of new 

technology. The program shall be independent of the flight projects 

under development. NASA shall have a goal of funding the intraDirectorate technology development program at a level of 5 percent 

of the total Science Mission Directorate annual budget. The program 

shall be structured to include competitively awarded grants and 

contracts. 

SEC. 502. PROVISION FOR FUTURE SERVICING OF OBSERVATORYCLASS SCIENTIFIC SPACECRAFT. 

The Administrator shall take all necessary steps to ensure 

that provision is made in the design and construction of all future 

observatory-class scientific spacecraft intended to be deployed in 

Earth orbit or at a Lagrangian point in space for robotic or human 

servicing and repair to the extent practicable and appropriate. 

SEC. 503. MARS EXPLORATION. 

Congress reaffirms its support for a systematic, integrated program of exploration of the Martian surface to examine the planet 

whose surface is most like Earth’s, to search for evidence of past 

or present life, and to examine Mars for future habitability and 

as a long-term goal for future human exploration. To the extent 

affordable and practical, the program should pursue the goal of 

launches at every Mars launch opportunity, leading to an eventual 

robotic sample return. 

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM. 

It is the sense of Congress that a balanced and adequately 

funded set of activities, consisting of NASA’s research and analysis 

grants programs, technology development, small-, medium-, and 

large-sized space science missions, and suborbital research activities, contributes to a robust and productive science program and 

serves as a catalyst for innovation. 

SEC. 505. SUBORBITAL RESEARCH ACTIVITIES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

suborbital flight activities, including the use of sounding rockets, 

aircraft, and high-altitude balloons, and suborbital reusable launch 

vehicles, offer valuable opportunities to advance science, train the 

42 USC 17742. 

42 USC 17741. 


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next generation of scientists and engineers, and provide opportunities for participants in the programs to acquire skills in systems 

engineering and systems integration that are critical to maintaining 

the Nation’s leadership in space programs. The Congress believes 

that it is in the national interest to expand the size of NASA’s 

suborbital research program. It is further the sense of Congress 

that funding for suborbital research activities should be considered 

part of the contribution of NASA to United States competitive 

and educational enhancement and should represent increased 

funding as contemplated in section 2001 of the America COMPETES 

Act (42 U.S.C. 16611(a)). 

(b) REVIEW OF SUBORBITAL MISSION CAPABILITIES.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of enactment of this Act, the Administrator shall enter into 

an arrangement with the National Academies to conduct a 

review of the suborbital mission capabilities of NASA. 

(2) MATTERS REVIEWED.—The review required by paragraph 

(1) shall include a review of the following: 

(A) Existing programs that make use of suborbital 

flights. 

(B) The status, capability, and availability of suborbital 

platforms, and the infrastructure and workforce necessary 

to support them. 

(C) Existing or planned launch facilities for suborbital 

missions. 

(D) Opportunities for scientific research, training, and 

educational collaboration in the conduct of suborbital missions by NASA, especially as they relate to the findings 

and recommendations of the National Academies decadal 

surveys and report on ‘‘Building a Better NASA Workforce: 

Meeting the Workforce Needs for the National Vision for 

Space Exploration’’. 

(3) REPORT.— 

(A) IN GENERAL.—Not later than 15 months after the 

date of enactment of this Act, the Administrator shall 

submit to the Committee on Science and Technology of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report 

on the review required by this subsection. 

(B) CONTENTS.—The report required by this paragraph 

shall include a summary of the review; the findings of 

the Administrator with respect to such review; recommendations regarding the growth of suborbital launch 

programs conducted by NASA; and the steps necessary 

to ensure such programs are conducted using domestic 

launch facilities to the maximum extent practicable, 

including any rationale and justification for using nondomestic facilities for such missions. 

SEC. 506. RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL PRODUCTION. 

(a) PLAN.—The Director of OSTP shall develop a plan for 

restarting and sustaining the domestic production of radioisotope 

thermoelectric generator material for deep space and other space 

science missions. 

Deadline. 


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(b) REPORT.—The plan developed under subsection (a) shall 

be transmitted to Congress not later than 270 days after the date 

of enactment of this Act. 

SEC. 507. ASSESSMENT OF IMPEDIMENTS TO INTERAGENCY COOPERATION ON SPACE AND EARTH SCIENCE MISSIONS. 

(a) ASSESSMENTS.—The Administrator, in consultation with 

other agencies with space science programs, shall enter into an 

arrangement with the National Academies to assess impediments, 

including cost growth, to the successful conduct of interagency 

cooperation on space science missions, to provide lessons learned 

and best practices, and to recommend steps to help facilitate 

successful interagency collaborations on space science missions. As 

part of the same arrangement with the National Academies, the 

Administrator, in consultation with NOAA and other agencies with 

civil Earth observation systems, shall have the National Academies 

assess impediments, including cost growth, to the successful conduct 

of interagency cooperation on Earth science missions, to provide 

lessons learned and best practices, and to recommend steps to 

help facilitate successful interagency collaborations on Earth science 

missions. 

(b) REPORT.—The report of the assessments carried out under 

subsection (a) shall be transmitted to the Committee on Science 

and Technology of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate not later 

than 15 months after the date of enactment of this Act. 

SEC. 508. ASSESSMENT OF COST GROWTH. 

(a) STUDY.—The Administrator shall enter into an arrangement 

for an independent external assessment to identify the primary 

causes of cost growth in the large-, medium-, and small-sized space 

and Earth science spacecraft mission classes, and make recommendations as to what changes, if any, should be made to 

contain costs and ensure frequent mission opportunities in NASA’s 

science spacecraft mission programs. 

(b) REPORT.—The report of the assessment conducted under 

subsection (a) shall be submitted to Congress not later than 15 

months after the date of enactment of this Act. 

SEC. 509. OUTER PLANETS EXPLORATION. 

It is the sense of Congress that the outer solar system planets 

and their satellites can offer important knowledge about the formation and evolution of the solar system, the nature and diversity 

of these solar system bodies, and the potential for conditions conducive to life beyond Earth. NASA should move forward with plans 

for an Outer Planets flagship mission to the Europa-Jupiter system 

or the Titan-Saturn system as soon as practicable within a balanced 

Planetary Science program. 

TITLE VI—SPACE OPERATIONS 

Subtitle A—International Space Station 

SEC. 601. PLAN TO SUPPORT OPERATION AND UTILIZATION OF THE 

ISS BEYOND FISCAL YEAR 2015. 

(a) IN GENERAL.—The Administrator shall take all necessary 

steps to ensure that the International Space Station remains a 

42 USC 17751. 

Recommendations. 


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viable and productive facility capable of potential United States 

utilization through at least 2020 and shall take no steps that 

would preclude its continued operation and utilization by the United 

States after 2015. 

(b) PLAN TO SUPPORT OPERATIONS AND UTILIZATION OF THE

INTERNATIONAL SPACE STATION BEYOND FISCAL YEAR 2015.— 

(1) IN GENERAL.—Not later than 9 months after the date 

of enactment of this Act, the Administrator shall submit 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 to support the operations 

and utilization of the International Space Station beyond fiscal 

year 2015 for a period of not less than 5 years. The plan 

shall be an update and expansion of the operation plan of 

the International Space Station National Laboratory submitted 

to Congress in May 2007 under section 507 of the National 

Aeronautics and Space Administration Authorization Act of 

2005 (42 U.S.C. 16767). 

(2) CONTENT.— 

(A) REQUIREMENTS TO SUPPORT OPERATION AND UTILIZATION OF THE ISS BEYOND FISCAL YEAR 2015.—As part 

of the plan required in paragraph (1), the Administrator 

shall provide each of the following: 

(i) A list of critical hardware necessary to support 

International Space Station operations through the 

year 2020. 

(ii) Specific known or anticipated maintenance 

actions that would need to be performed to support 

International Space Station operations and research 

through the year 2020. 

(iii) Annual upmass and downmass requirements, 

including potential vehicles that will deliver such 

upmass and downmass, to support the International 

Space Station after the retirement of the Space Shuttle 

and through the year 2020. 

(B) ISS NATIONAL LABORATORY RESEARCH MANAGEMENT

PLAN.—As part of the plan required in paragraph (1), the 

Administrator shall develop a Research Management Plan 

for the International Space Station. Such Plan shall include 

a process for selecting and prioritizing research activities 

(including fundamental, applied, commercial, and other 

research) for flight on the International Space Station. 

Such Plan shall be used to prioritize resources such as 

crew time, racks and equipment, and United States access 

to international research facilities and equipment. Such 

Plan shall also identify the organization to be responsible 

for managing United States research on the International 

Space Station, including a description of the relationship 

of the management institution with NASA (e.g., internal 

NASA office, contract, cooperative agreement, or grant), 

the estimated length of time for the arrangement, and 

the budget required to support the management institution. 

Such Plan shall be developed in consultation with other 

Federal agencies, academia, industry, and other relevant 

stakeholders. The Administrator may request the support 

of the National Academy of Sciences or other appropriate 

Deadline. 


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independent entity, including an external consultant, in 

developing the Plan. 

(C) ESTABLISHMENT OF PROCESS FOR ACCESS TO

NATIONAL LABORATORY.—As part of the plan required in 

paragraph (1), the Administrator shall— 

(i) establish a process by which to support International Space Station National Laboratory users in 

identifying their requirements for transportation of 

research supplies to and from the International Space 

Station, and for communicating those requirements to 

NASA and International Space Station transportation 

services providers; and 

(ii) develop an estimate of the transportation 

requirements needed to support users of the International Space Station National Laboratory and 

develop a plan for satisfying those requirements by 

dedicating a portion of volume on NASA supply missions to the International Space Station. 

(D) ASSESSMENT OF EQUIPMENT TO SUPPORT

RESEARCH.—As part of the plan required in paragraph (1), 

the Administrator shall— 

(i) provide a list of critical hardware that is anticipated to be necessary to support nonexploration-related 

and exploration-related research through the year 

2020; 

(ii) identify existing research equipment and racks 

and support equipment that are manifested for flight; 

and 

(iii) provide a detailed description of the status 

of research equipment and facilities that were completed or in development prior to being cancelled, and 

provide the budget and milestones for completing and 

preparing the equipment for flight on the International 

Space Station. 

(E) BUDGET PLAN.—As part of the plan required in 

paragraph (1), the Administrator shall provide a budget 

plan that reflects the anticipated use of such activities 

and the projected amounts to be required for fiscal years 

2010 through 2020 to accomplish the objectives of the 

activities described in subparagraphs (A) through (D). 

SEC. 602. INTERNATIONAL SPACE STATION NATIONAL LABORATORY 

ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—Not later than 1 year after the date of 

enactment of this Act, the Administrator shall establish under 

the Federal Advisory Committee Act a committee to be known 

as the ‘‘International Space Station National Laboratory Advisory 

Committee’’ (hereafter in this section referred to as the ‘‘Committee’’). 

(b) MEMBERSHIP.— 

(1) COMPOSITION.—The Committee shall be composed of 

individuals representing organizations who have formal agreements with NASA to utilize the United States portion of the 

International Space Station, including allocations within 

partner elements. 

Deadline. 

42 USC 17752. 

Plan. 


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(2) CHAIR.—The Administrator shall appoint a chair from 

among the members of the Committee, who shall serve for 

a 2-year term. 

(c) DUTIES OF THE COMMITTEE.— (1) IN GENERAL.—The Committee shall monitor, assess, 

and make recommendations regarding effective utilization of 

the International Space Station as a national laboratory and 

platform for research. 

(2) ANNUAL REPORT.—The Committee shall submit to the 

Administrator, on an annual basis or more frequently as considered necessary by a majority of the members of the Committee, 

a report containing the assessments and recommendations 

required by paragraph (1). 

(d) DURATION.—The Committee shall exist for the life of the 

International Space Station. 

SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY. 

(a) IN GENERAL.—The International Space Station represents 

a significant investment of national resources, and it is a facility 

that embodies a cooperative international approach to the exploration and utilization of space. As such, it is important that its 

continued viability and productivity be ensured, to the maximum 

extent possible, after the Space Shuttle is retired. 

(b) CONTINGENCY PLAN.—The Administrator shall develop a 

contingency plan and arrangements, including use of International 

Space Station international partner cargo resupply capabilities, to 

ensure the continued viability and productivity of the International 

Space Station in the event that United States commercial cargo 

resupply services are not available during any extended period 

after the date that the Space Shuttle is retired. The plan shall 

be delivered to the Committee on Science and Technology of the 

House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate not later than one year after 

the date of enactment of this Act. 

SEC. 604. SENSE OF CONGRESS ON USE OF SPACE LIFE SCIENCES 

LABORATORY AT KENNEDY SPACE CENTER. 

It is the sense of Congress that the Space Life Sciences Laboratory at Kennedy Space Center represents a key investment and 

asset in the International Space Station National Laboratory capability. The laboratory is specifically designed to provide pre-flight, 

in-flight, and post-flight support services for International Space 

Station end-users, and should be utilized in this manner when 

appropriate. 

Subtitle B—Space Shuttle 

SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS. 

(a) REPORT ON U.S. HUMAN SPACEFLIGHT CAPABILITIES.—Section 501(c) of the National Aeronautics and Space Administration 

Authorization Act of 2005 (42 U.S.C. 16761(c)) is amended by 

striking the matter before paragraph (1) and inserting the following: 

‘‘Not later than 90 days after the date of enactment of the National 

Aeronautics and Space Administration Authorization Act of 2008, 

the Administrator shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Science and Technology of the House of Representatives a report 

Deadline. 

42 USC 17753. 

Recommendations. 

Appointments. 


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on the lack of a United States human space flight system to replace 

the Space Shuttle upon its planned retirement, currently scheduled 

for 2010, and the ability of the United States to uphold the policy 

described in subsection (a), including a description of—’’. 

(b) BASELINE MANIFEST.—In addition to the Space Shuttle 

flights listed as part of the baseline flight manifest as of January 

1, 2008, the Utilization flights ULF–4 and ULF–5 shall be considered part of the Space Shuttle baseline flight manifest and shall 

be flown prior to the retirement of the Space Shuttle, currently 

scheduled for 2010. 

(c) ADDITIONAL FLIGHT TO DELIVER THE ALPHA MAGNETIC

SPECTROMETER AND OTHER SCIENTIFIC EQUIPMENT AND PAYLOADS

TO THE INTERNATIONAL SPACE STATION.— (1) IN GENERAL.—In addition to the flying of the baseline 

manifest as described in subsection (b), the Administrator shall 

take all necessary steps to fly one additional Space Shuttle 

flight to deliver the Alpha Magnetic Spectrometer and other 

scientific equipment and payloads to the International Space 

Station prior to the retirement of the Space Shuttle. The purpose of the mission required to be planned under this subsection 

shall be to ensure the active use of the United States portion 

of the International Space Station as a National Laboratory 

by the delivery of the Alpha Magnetic Spectrometer, and to 

the extent practicable, the delivery of flight-ready research 

experiments prepared under the Memoranda of Understanding 

between NASA and other entities to facilitate the utilization 

of the International Space Station National Laboratory, as well 

as other fundamental and applied life sciences and other microgravity research experiments to the International Space Station 

as soon as the assembly of the International Space Station 

is completed. 

(2) FLIGHT SCHEDULE.—If the Administrator, within 12 

months before the scheduled date of the additional Space 

Shuttle flight authorized by paragraph (1), determines that— 

(A) NASA will be unable to meet that launch date 

before the end of calendar year 2010, unless the President 

decides to extend Shuttle operations beyond 2010, or 

(B) implementation of the additional flight requirement 

would, in and of itself, result in— 

(i) significant increased costs to NASA over the 

cost estimate of the additional flight as determined 

by the Independent Program Assessment Office, or 

(ii) unacceptable safety risks associated with 

making the flight before termination of the Space 

Shuttle program, 

the Administrator shall notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology of the determination, and provide a detailed explanation of the basis for that 

determination. After the notification is provided to the Committees, the Administrator shall remove the flight from the Space 

Shuttle schedule unless the Congress by law reauthorizes the 

flight or the President certifies that it is in the national interest 

to fly the mission. 

(d) TERMINATION OR SUSPENSION OF ACTIVITIES THAT WOULD

PRECLUDE CONTINUED FLIGHT OF SPACE SHUTTLE PRIOR TO REVIEW

BY THE INCOMING 2009 PRESIDENTIAL ADMINISTRATION.— 

Certification. 

Deadline. 

President. 

Notification. 


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(1) IN GENERAL.—The Administrator shall terminate or 

suspend any activity of the Agency that, if continued between 

the date of enactment of this Act and April 30, 2009, would 

preclude the continued safe and effective flight of the Space 

Shuttle after fiscal year 2010 if the President inaugurated 

on January 20, 2009, were to make a determination to delay 

the Space Shuttle’s scheduled retirement. 

(2) REPORT ON IMPACT OF COMPLIANCE.—Within 90 days 

after the date of enactment of this Act, the Administrator 

shall provide a report to the Congress describing the expected 

budgetary and programmatic impacts from compliance with 

paragraph (1). The report shall include— 

(A) a summary of the actions taken to ensure the 

option to continue space shuttle flights beyond the end 

of fiscal year 2010 is not precluded before April 30, 2009; 

(B) an estimate of additional costs incurred by each 

specific action identified in the summary provided under 

subparagraph (A); 

(C) a description of the proposed plan for allocating 

those costs among anticipated fiscal year 2009 appropriations or existing budget authority; 

(D) a description of any programmatic impacts within 

the Space Operations Mission Directorate that would result 

from reallocations of funds to meet the requirements of 

paragraph (1); 

(E) a description of any additional authority needed 

to enable compliance with the requirements of paragraph 

(1); and 

(F) a description of any potential disruption to the 

timely progress of development milestones in the preparation of infrastructure or work-force requirements for shuttle 

follow-on launch systems. 

(e) REPORT ON IMPACTS OF SPACE SHUTTLE EXTENSION.—Within 

120 days after the date of enactment of this Act, the Administrator 

shall provide a report to the Congress outlining options, impacts, 

and associated costs of ensuring the safe and effective operation 

of the Space Shuttle at the minimum rate necessary to support 

International Space Station operations and resupply, including for 

both a near-term, 1-to-2 year extension of Space Shuttle operations 

and for a longer term, 3-to-6 year extension. The report shall 

include an assessment of— 

(1) annual fixed and marginal costs, including identification 

and cost impacts of options for cost-sharing with the Constellation program and including the impact of those cost-sharing 

options on the Constellation program; 

(2) the safety of continuing the use of the Space Shuttle 

beyond 2010, including a probability risk assessment of a catastrophic accident before completion of the extended Space 

Shuttle flight program, the underlying assumptions used in 

calculating that probability, and comparing the associated 

safety risks with those of other existing and planned humanrated launch systems, including the Soyuz and Constellation 

vehicles; 

(3) a description of the activities and an estimate of the 

associated costs that would be needed to maintain or improve 

Space Shuttle safety throughout the periods described in the 

first sentence of this subsection were the President inaugurated 


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on January 20, 2009, to extend Space Shuttle operations beyond 

2010, the currently anticipated date of Space Shuttle retirement; 

(4) the impacts on facilities, workforce, and resources for 

the Constellation program and on the cost and schedule of 

that program; 

(5) assumptions regarding workforce, skill mix, launch and 

processing infrastructure, training, ground support, orbiter 

maintenance and vehicle utilization, and other relevant factors, 

as appropriate, used in deriving the cost and schedule estimates 

for the options studied; 

(6) the extent to which program management, processes, 

and workforce and contractor assignments can be integrated 

and streamlined for maximum efficiency to support continued 

shuttle flights while transitioning to the Constellation program, 

including identification of associated cost impacts on both the 

Space Shuttle and the Constellation program; 

(7) the impact of a Space Shuttle flight program extension 

on the United States’ dependence on Russia for International 

Space Station crew rescue services; and 

(8) the potential for enhancements of International Space 

Station research, logistics, and maintenance capabilities 

resulting from extended Shuttle flight operations and the costs 

associated with implementing any such enhancements. 

SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY STATUS. 

The Administrator shall determine the degree to which an 

increase in the amounts authorized to be appropriated under section 

101(3) for the Commercial Orbital Transportation Services project 

to be used by Phase One team members of such project in fiscal 

year 2009 would reasonably be expected to accelerate development 

of Capabilities A, B, and C of such project to an effective operational 

capability as close to 2010 as possible. 

SEC. 613. SPACE SHUTTLE TRANSITION. 

(a) DISPOSITION OF SHUTTLE-RELATED ASSETS.— (1) IN GENERAL.—Not later than 90 days after the date 

of enactment of this Act, the Administrator shall submit to 

Congress a plan describing the process for the disposition of 

the remaining Space Shuttle Orbiters and other Space Shuttle 

program-related hardware after the retirement of the Space 

Shuttle fleet. 

(2) PLAN REQUIREMENTS.—The plan submitted under paragraph (1) shall include a description of a process by which 

educational institutions, science museums, and other appropriate organizations may acquire, through loan or disposal by 

the Federal Government, Space Shuttle program hardware. 

(3) PROHIBITION ON DISPOSITION BEFORE COMPLETION OF

PLAN.—The Administrator shall not dispose of any Space 

Shuttle program hardware before the plan required by paragraph (1) is submitted to Congress. 

(b) SPACE SHUTTLE TRANSITION LIAISON OFFICE.— (1) ESTABLISHMENT.—The Administrator shall develop a 

plan and establish a Space Shuttle Transition Liaison Office 

within the Office of Human Capital Management of NASA 

to assist local communities affected by the termination of the 

Space Shuttle program in mitigating the negative impacts on 

such communities caused by such termination. The plan shall 

Plans. 

Deadline. 

Plan. 

42 USC 17761. 


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define the size of the affected local community that would 

receive assistance described in paragraph (2). 

(2) MANNER OF ASSISTANCE.—In providing assistance under 

paragraph (1), the office established under such paragraph 

shall— 

(A) offer nonfinancial, technical assistance to communities described in such paragraph to assist in the mitigation described in such paragraph; and 

(B) serve as a clearinghouse to assist such communities 

in identifying services available from other Federal, State, 

and local agencies to assist in such mitigation. 

(3) TERMINATION OF OFFICE.—The office established under 

paragraph (1) shall terminate 2 years after the completion 

of the last Space Shuttle flight. 

(4) SUBMISSION.—Not later than 180 days after the date 

of enactment of this Act, NASA shall provide a copy of the 

plan required by paragraph (1) to the Congress. 

SEC. 614. AEROSPACE SKILLS RETENTION AND INVESTMENT REUTILIZATION REPORT. 

(a) IN GENERAL.—The Administrator shall, in consultation with 

other Federal agencies, as appropriate— 

(1) carry out an analysis of the facilities and human capital 

resources that will become available as a result of the retirement of the Space Shuttle program; and 

(2) identify on-going or future Federal programs and 

projects that could use such facilities and resources. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate a report— 

(1) on the analysis required by paragraph (1) of subsection 

(a), including the findings of the Administrator with respect 

to such analysis; and 

(2) describing the programs and projects identified under 

paragraph (2) of such subsection. 

SEC. 615. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH 

BENEFITS. 

(a) IN GENERAL.—Section 8905a(d) of title 5, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(6)(A) If the basis for continued coverage under this section 

is, as a result of the termination of the Space Shuttle Program, 

an involuntary separation from a position due to a reductionin-force or declination of a directed reassignment or transfer 

of function, or a voluntary separation from a surplus position 

in the National Aeronautics and Space Administration— 

‘‘(i) the individual shall be liable for not more than 

the employee contributions referred to in paragraph 

(1)(A)(i); and 

‘‘(ii) the National Aeronautics and Space Administration shall pay the remaining portion of the amount required 

under paragraph (1)(A). 

‘‘(B) This paragraph shall only apply with respect to 

individuals whose continued coverage is based on a separation 

occurring on or after the date of enactment of this paragraph 

and before December 31, 2010. 

Applicability. 

Payments. 

Deadline. 

Records. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4801 

‘‘(C) For purposes of this paragraph, ‘surplus position’ 

means a position which is— 

‘‘(i) identified in pre-reduction-in-force planning as no 

longer required, and which is expected to be eliminated 

under formal reduction-in-force procedures as a result of 

the termination of the Space Shuttle Program; or 

‘‘(ii) encumbered by an employee who has received 

official certification from the National Aeronautics and 

Space Administration consistent with the Administration’s 

career transition assistance program regulations that the 

position is being abolished as a result of the termination 

of the Space Shuttle Program.’’. 

(b) CONFORMING AMENDMENT.—Paragraph (1)(A) of such subsection (d) is amended by striking ‘‘(4) and (5)’’ and inserting ‘‘(4), 

(5), and (6)’’. 

SEC. 616. ACCOUNTING REPORT. 

Within 180 days after the date of enactment of this Act, the 

Administrator shall provide to the Committee on Science and Technology of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report 

that will summarize any actions taken or planned to be taken 

during fiscal years 2008 and 2009 to begin reductions in expenditures and activities related to the Space Shuttle program. The 

report shall include a summary of any actual or anticipated cost 

savings to the Space Shuttle program relative to the FY 2008 

and FY 2009 Space Shuttle program budgets and runout projections 

as a result of such actions, as well as a summary of any actual 

or anticipated liens or budgetary challenges to the Space Shuttle 

program during fiscal years 2008 and 2009. 

Subtitle C—Launch Services 

SEC. 621. LAUNCH SERVICES STRATEGY. 

(a) IN GENERAL.—In preparation for the award of contracts 

to follow up on the current NASA Launch Services (NLS) contracts, 

the Administrator shall develop a strategy for providing domestic 

commercial launch services in support of NASA’s small and 

medium-sized Science, Space Operations, and Exploration missions, 

consistent with current law and policy. 

(b) REPORT.—The Administrator shall transmit a report to the 

Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate describing the strategy developed under subsection 

(a) not later than 90 days after the date of enactment of this 

Act. The report shall provide, at a minimum— 

(1) the results of the Request for Information on small 

to medium-sized launch services released on April 22, 2008; 

(2) an analysis of possible alternatives to maintain small 

and medium-sized lift capabilities after June 30, 2010, including 

the use of the Department of Defense’s Evolved Expendable 

Launch Vehicle (EELV); 

(3) the recommended alternatives, and associated 5-year 

budget plans starting in October 2010 that would enable their 

implementation; and 

42 USC 17771. 


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122 STAT. 4802 PUBLIC LAW 110–422—OCT. 15, 2008 

(4) a contingency plan in the event the recommended alternatives described in paragraph (3) are not available when 

needed. 

TITLE VII—EDUCATION 

SEC. 701. RESPONSE TO REVIEW. 

(a) PLAN.—The Administrator shall prepare a plan identifying 

actions taken or planned in response to the recommendations of 

the National Academies report, ‘‘NASA’s Elementary and Secondary 

Education Program: Review and Critique’’. For those actions that 

have not been implemented, the plan shall include a schedule 

and budget required to support the actions. 

(b) REPORT.—The plan prepared under subsection (a) shall be 

transmitted to the Committee on Science and Technology of the 

House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate not later than 1 year after the 

date of enactment of this Act. 

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM. 

(a) REVIEW.—The Administrator shall make arrangements for 

an independent external review of the Explorer Schools program 

to evaluate its goals, status, plans, and accomplishments. 

(b) REPORT.—The report of the independent external review 

shall be transmitted to the Committee on Science and Technology 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate not later than 1 year 

after the date of enactment of this Act. 

SEC. 703. SENSE OF CONGRESS ON EARTHKAM AND ROBOTICS COMPETITIONS. 

It is the sense of Congress that NASA’s educational programs 

are important sources of inspiration and hands-on learning for 

the next generation of engineers and scientists and should be supported. In that regard, programs such as EarthKAM, which brings 

NASA directly into American classrooms by enabling students to 

talk directly with astronauts aboard the International Space Station 

and to take photographs of Earth from space, and NASA involvement in robotics competitions for students of all levels, are particularly worthy undertakings and NASA should support them and 

look for additional opportunities to engage students through NASA’s 

space and aeronautics activities. 

SEC. 704. ENHANCEMENT OF EDUCATIONAL ROLE OF NASA. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the International Space Station offers a unique opportunity for 

Federal agencies to engage students in science, technology, 

engineering, and mathematics education. Congress encourages 

NASA to include other Federal agencies in its planning efforts 

to use the International Space Station National Laboratory for 

science, technology, engineering, and mathematics educational 

activities. 

(b) EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE

RESEARCH.—In order to ensure that research expertise and talent 

throughout the Nation is developed and engaged in NASA research 

and education activities, NASA shall, as part of its annual budget 

submission, detail additional steps that can be taken to further 

42 USC 17781. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4803 

integrate the participating EPSCoR States in both existing and 

new or emerging NASA research programs and center activities. 

(c) NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM.—NASA shall continue its emphasis on the importance of 

education to expand opportunities for Americans to understand 

and participate in NASA’s aeronautics and space projects by supporting and enhancing science and engineering education, research, 

and public outreach efforts. 

TITLE VIII—NEAR-EARTH OBJECTS 

SEC. 801. REAFFIRMATION OF POLICY. 

(a) REAFFIRMATION OF POLICY ON SURVEYING NEAR-EARTH

ASTEROIDS AND COMETS.—Congress reaffirms the policy set forth 

in section 102(g) of the National Aeronautics and Space Act of 

1958 (42 U.S.C. 2451(g)) (relating to surveying near-Earth asteroids 

and comets). 

(b) SENSE OF CONGRESS ON BENEFITS OF NEAR-EARTH OBJECT

PROGRAM ACTIVITIES.—It is the sense of Congress that the nearEarth object program activities of NASA will provide benefits to 

the scientific and exploration activities of NASA. 

SEC. 802. FINDINGS. 

Congress makes the following findings: 

(1) Near-Earth objects pose a serious and credible threat 

to humankind, as many scientists believe that a major asteroid 

or comet was responsible for the mass extinction of the majority 

of the Earth’s species, including the dinosaurs, nearly 

65,000,000 years ago. 

(2) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth and 

recent discoveries of such large objects indicate that many 

large near-Earth objects remain undiscovered. 

(3) Asteroid and comet collisions rank as one of the most 

costly natural disasters that can occur. 

(4) The time needed to eliminate or mitigate the threat 

of a collision of a potentially hazardous near-Earth object with 

Earth is measured in decades. 

(5) Unlike earthquakes and hurricanes, asteroids and 

comets can provide adequate collision information, enabling 

the United States to include both asteroid-collision and cometcollision disaster recovery and disaster avoidance in its publicsafety structure. 

(6) Basic information is needed for technical and policy 

decisionmaking for the United States to create a comprehensive 

program in order to be ready to eliminate and mitigate the 

serious and credible threats to humankind posed by potentially 

hazardous near-Earth asteroids and comets. 

(7) As a first step to eliminate and to mitigate the risk 

of such collisions, situation and decision analysis processes, 

as well as procedures and system resources, must be in place 

well before a collision threat becomes known. 

SEC. 803. REQUESTS FOR INFORMATION. 

The Administrator shall issue requests for information on— 

42 USC 17793. 

42 USC 17792. 

42 USC 17791. 


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122 STAT. 4804 PUBLIC LAW 110–422—OCT. 15, 2008 

(1) a low-cost space mission with the purpose of rendezvousing with, attaching a tracking device, and characterizing the Apophis asteroid; and 

(2) a medium-sized space mission with the purpose of 

detecting near-Earth objects equal to or greater than 140 meters 

in diameter. 

SEC. 804. ESTABLISHMENT OF POLICY WITH RESPECT TO THREATS 

POSED BY NEAR-EARTH OBJECTS. 

Within 2 years after the date of enactment of this Act, the 

Director of the OSTP shall— 

(1) develop a policy for notifying Federal agencies and 

relevant emergency response institutions of an impending nearEarth object threat, if near-term public safety is at risk; and 

(2) recommend a Federal agency or agencies to be responsible for— 

(A) protecting the United States from a near-Earth 

object that is expected to collide with Earth; and 

(B) implementing a deflection campaign, in consultation with international bodies, should one be necessary. 

SEC. 805. PLANETARY RADAR CAPABILITY. 

The Administrator shall maintain a planetary radar that is 

comparable to the capability provided through the Deep Space 

Network Goldstone facility of NASA. 

SEC. 806. ARECIBO OBSERVATORY. 

Congress reiterates its support for the use of the Arecibo 

Observatory for NASA-funded near-Earth object-related activities. 

The Administrator, using funds authorized in section 101(a)(1)(B), 

shall ensure the availability of the Arecibo Observatory’s planetary 

radar to support these activities until the National Academies’ 

review of NASA’s approach for the survey and deflection of nearEarth objects, including a determination of the role of Arecibo, 

that was directed to be undertaken by the Fiscal Year 2008 Omnibus Appropriations Act, is completed. 

SEC. 807. INTERNATIONAL RESOURCES. 

It is the sense of Congress that, since an estimated 25,000 

asteroids of concern have yet to be discovered and monitored, the 

United States should seek to obtain commitments for cooperation 

from other nations with significant resources for contributing to 

a thorough and timely search for such objects and an identification 

of their characteristics. 

TITLE IX—COMMERCIAL INITIATIVES 

SEC. 901. SENSE OF CONGRESS. 

It is the sense of Congress that a healthy and robust commercial 

sector can make significant contributions to the successful conduct 

of NASA’s space exploration program. While some activities are 

inherently governmental in nature, there are many other activities, 

such as routine supply of water, fuel, and other consumables to 

low Earth orbit or to destinations beyond low Earth orbit, and 

provision of power or communications services to lunar outposts, 

that potentially could be carried out effectively and efficiently by 

42 USC 17795. 

Recommendations. 

Deadline. 

42 USC 17794. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4805 

the commercial sector at some point in the future. Congress encourages NASA to look for such service opportunities and, to the maximum extent practicable, make use of the commercial sector to 

provide those services. It is further the sense of Congress that 

United States entrepreneurial space companies have the potential 

to develop and deliver innovative technology solutions at affordable 

costs. NASA is encouraged to use United States entrepreneurial 

space companies to conduct appropriate research and development 

activities. NASA is further encouraged to seek ways to ensure 

that firms that rely on fixed-price proposals are not disadvantaged 

when NASA seeks to procure technology development. 

SEC. 902. COMMERCIAL CREW INITIATIVE. 

(a) IN GENERAL.—In order to stimulate commercial use of space, 

help maximize the utility and productivity of the International 

Space Station, and enable a commercial means of providing crew 

transfer and crew rescue services for the International Space Station, NASA shall— 

(1) make use of United States commercially provided International Space Station crew transfer and crew rescue services 

to the maximum extent practicable, if those commercial services 

have demonstrated the capability to meet NASA-specified 

ascent, entry, and International Space Station proximity operations safety requirements; 

(2) limit, to the maximum extent practicable, the use of 

the Crew Exploration Vehicle to missions carrying astronauts 

beyond low Earth orbit once commercial crew transfer and 

crew rescue services that meet safety requirements become 

operational; 

(3) facilitate, to the maximum extent practicable, the 

transfer of NASA-developed technologies to potential United 

States commercial crew transfer and rescue service providers, 

consistent with United States law; and 

(4) issue a notice of intent, not later than 180 days after 

the date of enactment of this Act, to enter into a funded, 

competitively awarded Space Act Agreement with 2 or more 

commercial entities for a Phase 1 Commercial Orbital Transportation Services crewed vehicle demonstration program. 

(b) CONGRESSIONAL INTENT.—It is the intent of Congress that 

funding for the program described in subsection (a)(4) shall not 

come at the expense of full funding of the amounts authorized 

under section 101(3)(A), and for future fiscal years, for Orion Crew 

Exploration Vehicle development, Ares I Crew Launch Vehicle 

development, or International Space Station cargo delivery. 

(c) ADDITIONAL TECHNOLOGIES.—NASA shall make International Space Station-compatible docking adaptors and other relevant technologies available to the commercial crew providers 

selected to service the International Space Station. 

(d) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.— 

If a commercial provider demonstrates the capability to provide 

International Space Station crew transfer and crew rescue services 

and to satisfy NASA ascent, entry, and International Space Station 

proximity operations safety requirements, NASA shall enter into 

an International Space Station crew transfer and crew rescue services contract with that commercial provider for a portion of NASA’s 

anticipated International Space Station crew transfer and crew 

Notice. 

Deadline. 

Contracts. 

42 USC 17801. 


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122 STAT. 4806 PUBLIC LAW 110–422—OCT. 15, 2008 

rescue requirements from the time the commercial provider commences operations under contract with NASA through calendar 

year 2016, with an option to extend the period of performance 

through calendar year 2020. 

TITLE X—REVITALIZATION OF NASA 

INSTITUTIONAL CAPABILITIES 

SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS. 

(a) REPORT ON CONTROLS.—Not later than one year after the 

date of enactment of this Act, the Comptroller General 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 review of information security controls that protect NASA’s information technology resources and 

information from inadvertent or deliberate misuse, fraudulent use, 

disclosure, modification, or destruction. The review shall focus on 

networks servicing NASA’s mission directorates. In assessing these 

controls, the review shall evaluate— 

(1) the network’s ability to limit, detect, and monitor access 

to resources and information, thereby safeguarding and protecting them from unauthorized access; 

(2) the physical access to network resources; and 

(3) the extent to which sensitive research and mission 

data is encrypted. 

(b) RESTRICTED REPORT ON INTRUSIONS.—Not later than one 

year after the date of enactment of this Act, and in conjunction 

with the report described in subsection (a), the Comptroller General 

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 restricted report 

detailing results of vulnerability assessments conducted by the 

Government Accountability Office on NASA’s network resources. 

Intrusion attempts during such vulnerability assessments shall be 

divulged to NASA senior management prior to their application. 

The report shall put vulnerability assessment results in the context 

of unauthorized accesses or attempts during the prior two years 

and the corrective actions, recent or ongoing, that NASA has implemented in conjunction with other Federal authorities to prevent 

such intrusions. 

SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES. 

(a) IN GENERAL.—In order to sustain healthy Centers that 

are capable of carrying out NASA’s missions, the Administrator 

shall ensure that adequate maintenance and upgrading of those 

Center facilities is performed on a regular basis. 

(b) REVIEW.—The Administrator shall determine and prioritize 

the maintenance and upgrade backlog at each of NASA’s Centers 

and associated facilities, and shall develop a strategy and budget 

plan to reduce that maintenance and upgrade backlog by 50 percent 

over the next five years. 

(c) REPORT.—The Administrator shall deliver a report to Congress on the results of the activities undertaken in subsection 

(b) concurrently with the delivery of the fiscal year 2011 budget 

request. 

Strategy. 

Budget plan. 

42 USC 17811. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4807 

SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES. 

(a) IN GENERAL.—NASA’s laboratories are a critical component 

of NASA’s research capabilities, and the Administrator shall ensure 

that those laboratories remain productive. 

(b) REVIEW.—The Administrator shall enter into an arrangement for an independent external review of NASA’s laboratories, 

including laboratory equipment, facilities, and support services, to 

determine whether they are equipped and maintained at a level 

adequate to support NASA’s research activities. The assessment 

shall also include an assessment of the relative quality of NASA’s 

in-house laboratory equipment and facilities compared to comparable laboratories elsewhere. The results of the review shall 

be provided to the Committee on Science and Technology of the 

House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate not later than 18 months after 

the date of enactment of this Act. 

SEC. 1004. STUDY AND REPORT ON PROJECT ASSIGNMENT AND WORK 

ALLOCATION OF FIELD CENTERS. 

(a) STUDY.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Administrator shall complete 

a study of all field centers of NASA, including the Michoud 

Assembly Facility. 

(2) MATTERS STUDIED.—The study required by paragraph 

(1) shall include the mission and future roles and responsibilities of the field centers, including the Michoud Assembly 

Facility, described in paragraph (1). 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Administrator shall submit to 

the appropriate congressional committees a report on the study 

required by subsection (a)(1). 

(2) CONTENT.—The report required by paragraph (1) shall 

include the following: 

(A) A comprehensive analysis of the work allocation 

of all field centers of NASA, including the Michoud 

Assembly Facility. 

(B) A description of the program and project roles, 

functions, and activities assigned to each field center, 

including the Michoud Assembly Facility. 

(C) Details on how field centers, including the Michoud 

Assembly Facility, are selected and designated for lead 

and support role work assignments (including program and 

contract management assignments). 

TITLE XI—OTHER PROVISIONS 

SEC. 1101. SPACE WEATHER. 

(a) PLAN FOR REPLACEMENT OF ADVANCED COMPOSITION

EXPLORER AT L–1 LAGRANGIAN POINT.— 

(1) PLAN.—The Director of OSTP shall develop a plan for 

sustaining space-based measurements of solar wind from the 

L–1 Lagrangian point in space and for the dissemination of 

the data for operational purposes. OSTP shall consult with Consultation. 

Deadline. 

42 USC 17812. 


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122 STAT. 4808 PUBLIC LAW 110–422—OCT. 15, 2008 

NASA, NOAA, and other Federal agencies, and with industry, 

in developing the plan. 

(2) REPORT.—The Director shall transmit the plan to Congress not later than 1 year after the date of enactment of 

this Act. 

(b) ASSESSMENT OF THE IMPACT OF SPACE WEATHER ON AVIA- TION.— (1) STUDY.—The Director of OSTP shall enter into an 

arrangement with the National Research Council for a study 

of the impacts of space weather on the current and future 

United States aviation industry, and in particular to examine 

the risks for Over-The-Pole (OTP) and Ultra-Long-Range (ULR) 

operations. The study shall— 

(A) examine space weather impacts on, at a minimum, 

communications, navigation, avionics, and human health 

in flight; 

(B) assess the benefits of space weather information 

and services to reduce aviation costs and maintain safety; 

and 

(C) provide recommendations on how NOAA, the 

National Science Foundation, and other relevant agencies, 

can most effectively carry out research and monitoring 

activities related to space weather and aviation. 

(2) REPORT.—A report containing the results of the study 

shall be provided to the Committee on Science and Technology 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later 

than 1 year after the date of enactment of this Act. 

SEC. 1102. INITIATION OF DISCUSSIONS ON DEVELOPMENT OF FRAMEWORK FOR SPACE TRAFFIC MANAGEMENT. 

(a) FINDING.—Congress finds that as more countries acquire 

the capability for launching payloads into outer space, there is 

an increasing need for a framework under which information 

intended to promote safe access into outer space, operations in 

outer space, and return from outer space to Earth free from physical 

or radio-frequency interference can be shared among those countries. 

(b) DISCUSSIONS.—The Administrator shall, in consultation with 

such other agencies of the Federal Government as the Administrator 

considers appropriate, initiate discussions with the appropriate representatives of other space-faring countries to determine an appropriate frame-work under which information intended to promote 

safe access into outer space, operations in outer space, and return 

from outer space to Earth free from physical or radio-frequency 

interference can be shared among those nations. 

SEC. 1103. ASTRONAUT HEALTH CARE. 

(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 NASA. 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. 

Deadlines. 

42 USC 17822. 

42 USC 17821. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4809 

SEC. 1104. NATIONAL ACADEMIES DECADAL SURVEYS. 

(a) IN GENERAL.—The Administrator shall enter into agreements on a periodic basis with the National Academies for independent assessments, also known as decadal surveys, to take stock 

of the status and opportunities for Earth and space science discipline fields and Aeronautics research and to recommend priorities 

for research and programmatic areas over the next decade. 

(b) INDEPENDENT COST ESTIMATES.—The agreements described 

in subsection(a) shall include independent estimates of the life 

cycle costs and technical readiness of missions assessed in the 

decadal surveys whenever possible. 

(c) REEXAMINATION.—The Administrator shall request that each 

National Academies decadal survey committee identify any conditions or events, such as significant cost growth or scientific or 

technological advances, that would warrant NASA asking the 

National Academies to reexamine the priorities that the decadal 

survey had established. 

SEC. 1105. INNOVATION PRIZES. 

(a) IN GENERAL.—Prizes can play a useful role in encouraging 

innovation in the development of technologies and products that 

can assist NASA in its aeronautics and space activities, and the 

use of such prizes by NASA should be encouraged. 

(b) AMENDMENTS.—Section 314 of the National Aeronautics 

and Space Act of 1958 is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) TOPICS.—In selecting topics for prize competitions, the 

Administrator shall consult widely both within and outside the 

Federal Government, and may empanel advisory committees. The 

Administrator shall give consideration to prize goals such as the 

demonstration of the ability to provide energy to the lunar surface 

from space-based solar power systems, demonstration of innovative 

near-Earth object survey and deflection strategies, and innovative 

approaches to improving the safety and efficiency of aviation systems.’’; and 

(2) in subsection (i)(4) by striking ‘‘$10,000,000’’ and 

inserting ‘‘$50,000,000’’. 

SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY. 

(a) STUDY BY INTERAGENCY COMMITTEE.—The Director of OSTP 

shall work with other appropriate Federal agencies to establish 

an interagency committee to conduct a study to— 

(1) identify the issues and challenges associated with establishing space launch ranges and facilities that are fully dedicated to commercial space missions in close proximity to Federal 

launch ranges or other Federal facilities; and 

(2) develop a coordinating mechanism such that States 

seeking to establish such commercial space launch ranges will 

be able to effectively and efficiently interface with the Federal 

Government concerning issues related to the establishment of 

such commercial launch ranges in close proximity to Federal 

launch ranges or other Federal facilities. 

(b) REPORT.—The Director shall, not later than May 31, 2010, 

submit to the Committee on Science and Technology of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the results of the study 

conducted under subsection (a). 

Establishment. 

Consultation. 

42 USC 2459f–1. 

42 USC 2459f–1 

note. 

42 USC 17823. 


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122 STAT. 4810 PUBLIC LAW 110–422—OCT. 15, 2008 

SEC. 1107. NASA OUTREACH PROGRAM. 

(a) ESTABLISHMENT.—NASA shall competitively select an 

organization to partner with NASA centers, aerospace contractors, 

and academic institutions to carry out a program to help promote 

the competitiveness of small, minority-owned, and women-owned 

businesses in communities across the United States through 

enhanced insight into the technologies of NASA’s space and aeronautics programs. The program shall support the mission of NASA’s 

Innovative Partnerships Program with its emphasis on joint partnerships with industry, academia, government agencies, and 

national laboratories. 

(b) PROGRAM STRUCTURE.—In carrying out the program 

described in subsection (a), the organization shall support the mission of NASA’s Innovative Partnerships Program by undertaking 

the following activities: 

(1) Facilitating the enhanced insight of the private sector 

into NASA’s technologies in order to increase the competitiveness of the private sector in producing viable commercial products. 

(2) Creating a network of academic institutions, aerospace 

contractors, and NASA centers that will commit to donating 

appropriate technical assistance to small businesses, giving 

preference to socially and economically disadvantaged small 

business concerns, small business concerns owned and controlled by service-disabled veterans, and HUBZone small business concerns. This paragraph shall not apply to any contracting actions entered into or taken by NASA. 

(3) Creating a network of economic development organizations to increase the awareness and enhance the effectiveness 

of the program nationwide. 

(c) REPORT.—Not later than 1 year after the date of enactment 

of this Act, and annually thereafter, the Administrator shall submit 

a report to the Committee on Science and Technology of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate describing the efforts and accomplishments of the program established under subsection (a) in support 

of NASA’s Innovative Partnerships Program. As part of the report, 

the Administrator shall provide— 

(1) data on the number of small businesses receiving assistance, jobs created and retained, and volunteer hours donated 

by NASA, contractors, and academic institutions nationwide; 

(2) an estimate of the total dollar value of the economic 

impact made by small businesses that received technical assistance through the program; and 

(3) an accounting of the use of funds appropriated for 

the program. 

SEC. 1108. REDUCTION-IN-FORCE MORATORIUM. 

NASA shall not initiate or implement a reduction-in-force, or 

conduct any other involuntary separations of permanent, non-Senior 

Executive Service, civil servant employees before December 31, 

2010, except for cause on charges of misconduct, delinquency, or 

inefficiency. 

42 USC 17824. 


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SEC. 1109. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEGRITY, AND 

COMMUNICATION WITHIN NASA. 

(a) SENSE OF THE CONGRESS.—It is the sense of Congress that 

NASA should not dilute, distort, suppress, or impede scientific 

research or the dissemination thereof. 

(b) STUDY.—Within 60 days after the date of enactment of 

this Act, the Comptroller General shall— 

(1) initiate a study to be completed within 270 days to 

determine whether the regulations set forth in part 1213 of 

title 14, Code of Federal Regulations, are being implemented 

in a clear and consistent manner by NASA to ensure the 

dissemination of research; and 

(2) transmit a report to the Congress setting forth the 

Comptroller General’s findings, conclusions, and recommendations. 

(c) RESEARCH.—The Administrator shall work to ensure that 

NASA’s policies on the sharing of climate related data respond 

to the recommendations of the Government Accountability Office’s 

report on climate change research and data-sharing policies and 

to the recommendations on the processing, distribution, and 

archiving of data by the National Academies Earth Science Decadal 

Survey, ‘‘Earth Science and Applications from Space’’, and other 

relevant National Academies reports, to enhance and facilitate their 

availability and widest possible use to ensure public access to 

accurate and current data on global warming. 

SEC. 1110. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST 

WORKFORCE. 

It is the sense of Congress that— 

(1) a robust and highly skilled workforce is critical to 

the success of NASA’s programs; 

(2) voluntary attrition, the retirement of many senior 

workers, and difficulties in recruiting could leave NASA without 

access to the intellectual capital necessary to compete with 

its global competitors; and 

(3) NASA should work cooperatively with other agencies 

of the United States Government responsible for programs 

related to space and the aerospace industry to develop and 

implement policies, including those with an emphasis on 

improving science, technology, engineering, and mathematics 

education at all levels, to sustain and expand the diverse 

workforce available to NASA. 

SEC. 1111. METHANE INVENTORY. 

Within 12 months after the date of enactment of this Act, 

the Director of OSTP, in conjunction with the Administrator, the 

Administrator of NOAA, and other appropriate Federal agencies 

and academic institutions, shall develop a plan, including a cost 

estimate and timetable, and initiate an inventory of natural 

methane stocks and fluxes in the polar region of the United States. 

SEC. 1112. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT 

REQUIREMENT. 

Section 526(a) of the Energy Independence and Security Act 

of 2007 (42 U.S.C. 17142(a)) does not prohibit NASA from entering 

into a contract to purchase a generally available fuel that is not 

an alternative or synthetic fuel or predominantly produced from 

a nonconventional petroleum source, if— 

42 USC 17827. 

Deadline. 

Plan. 

42 USC 17826. 

Reports. 

Deadlines. 

42 USC 17825. 


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122 STAT. 4812 PUBLIC LAW 110–422—OCT. 15, 2008 

(1) the contract does not specifically require the contractor 

to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source; 

(2) the purpose of the contract is not to obtain an alternative or synthetic 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. 

SEC. 1113. SENSE OF CONGRESS ON THE IMPORTANCE OF THE NASA 

OFFICE OF PROGRAM ANALYSIS AND EVALUATION. 

(a) OFFICE OF PROGRAM ANALYSIS AND EVALUATION.—It is the 

sense of Congress that it is important for NASA to maintain an 

Office of Program Analysis and Evaluation that has as its mission: 

(1) To develop strategic plans for NASA in accordance 

with section 306 of title 5, United States Code. 

(2) To develop annual performance plans for NASA in 

accordance with section 1115 of title 31, United States Code. 

(3) To provide analysis and recommendations to the 

Administrator on matters relating to the planning and programming phases of the Planning, Programming, Budgeting, and 

Execution system of NASA. 

(4) To provide analysis and recommendations to the 

Administrator on matters relating to acquisition management 

and program oversight, including cost-estimating processes, 

contractor cost reporting processes, and contract performance 

assessments. 

(b) OBJECTIVES.—It is further the sense of Congress that in 

performing those functions, the objectives of the Office should be 

the following: 

(1) To align NASA’s mission, strategic plan, budget, and 

performance plan with strategic goals and institutional requirements of NASA. 

(2) To provide objective analysis of programs and institutions of NASA— 

(A) to generate investment options for NASA; and 

(B) to inform strategic decision making in NASA. 

(3) To enable cost-effective, strategically aligned execution 

of programs and projects by NASA. 

(4) To perform independent cost estimation in support of 

NASA decision making and establishment of standards for 

agency cost analysis. 

(5) To ensure that budget formulation and execution are 

consistent with strategic investment decisions of NASA. 

(6) To provide independent program and project reviews 

that address the credibility of technical, cost, schedule, risk, 

and management approaches with respect to available 

resources. 

(7) To facilitate progress by NASA toward meeting the 

commitments of NASA. 

SEC. 1114. SENSE OF CONGRESS ON ELEVATING THE IMPORTANCE 

OF SPACE AND AERONAUTICS WITHIN THE EXECUTIVE 

OFFICE OF THE PRESIDENT. 

It is the sense of Congress that the President should elevate 

the importance of space and aeronautics within the Executive Office 

of the President by organizing the interagency focus on space and 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4813 

aeronautics matters in as effective a manner as possible, such 

as by means of the National Space Council authorized by section 

501 of the National Aeronautics and Space Administration 

Authorization Act, Fiscal Year 1989 (42 U.S.C. 2471) or other appropriate mechanisms. 

SEC. 1115. STUDY ON LEASING PRACTICES OF FIELD CENTERS. 

(a) STUDY.—Not later than 180 days after the date of enactment 

of this Act, the Administrator shall complete a study on the leasing 

practices of all field centers of NASA, including the Michoud 

Assembly Facility. Such study shall include the following: 

(1) The method by which overhead maintenance expenses 

are distributed among tenants of such field centers. 

(2) Identification of the impacts of such method on 

attracting businesses and partnerships to such field centers. 

(3) Identification of the steps that can be taken to mitigate 

any adverse impacts identified under paragraph (2). 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate a report on the study required by subsection (a), including 

the following: 

(1) The findings of the Administrator with respect to such 

study. 

(2) A description of the impacts identified under subsection 

(a)(2). 

(3) The steps identified under subsection (a)(3). 

SEC. 1116. COOPERATIVE UNMANNED AERIAL VEHICLE ACTIVITIES. 

The Administrator, in cooperation with the Administrator of 

NOAA and in coordination with other agencies that have existing 

civil capabilities, shall continue to utilize the capabilities of 

unmanned aerial vehicles as appropriate in support of NASA 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 development activities, including development of 

appropriate applications of small unmanned aerial vehicle technologies and systems in remote areas. 

SEC. 1117. DEVELOPMENT OF ENHANCED-USE LEASE POLICY. 

(a) IN GENERAL.—The Administrator shall develop an agencywide enhanced-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 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. 

(2) Requirement for the identification of proposed physical 

and procedural changes needed to ensure security and restrict 

access to specified areas, coordination of proposed changes with 

42 USC 17829. 

42 USC 17828. 

Deadline. 


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122 STAT. 4814 PUBLIC LAW 110–422—OCT. 15, 2008 

existing site tenants, and development of estimated costs of 

such changes. 

(3) Measures of effectiveness for the enhanced-use lease 

program. 

(4) Accounting controls and procedures to ensure accountability, such as an audit trail and documentation to readily 

support financial transactions. 

(c) ANNUAL REPORT.—Section 315(f) of the National Aeronautics 

and Space Administration Act of 1958 (42 U.S.C. 2459j(f)) is 

amended to read as follows: 

‘‘(f) REPORTING REQUIREMENTS.—The Administrator shall 

submit an annual report by January 31st of each year. Such report 

shall include the following: 

‘‘(1) Information that identifies and quantifies the value 

of the arrangements and expenditures of revenues received 

under this section.

‘‘(2) The availability and use of funds received under this 

section for the Agency’s operating plan.’’. 

(d) DISTRIBUTION OF CASH CONSIDERATION RECEIVED.— 

(1) IN GENERAL.—Section 315(b)(3)(B) of such Act (42 U.S.C. 

2459j(b)(3)(B)) is amended to read as follows: 

‘‘(B) Of any amounts of cash consideration received 

under this subsection that are not utilized in accordance 

with subparagraph (A)— 

‘‘(i) 35 percent shall be deposited in a capital asset 

account to be established by the Administrator, shall 

be available for maintenance, capital revitalization, 

and improvements of the real property assets and 

related personal property under the jurisdiction of the 

Administrator, and shall remain available until 

expended; and 

‘‘(ii) the remaining 65 percent shall be available 

to the respective center or facility of the Administration 

engaged in the lease of nonexcess real property, and 

shall remain available until expended for maintenance, 

capital revitalization, and improvements of the real 

property assets and related personal property at the 

respective center or facility subject to the concurrence 

of the Administrator.’’. 

(2) CONFORMING AMENDMENTS.—Section 533 of the Consolidated Appropriations Act, 2008 (Pub1ic Law 110–161; 121 Stat. 

1931) is amended— 

(A) by amending subsection (b)(4) to read as follows: 

‘‘(4) in paragraph (2), as redesignated by paragraph (3) 

of this subsection, by adding at the end the following new 

subparagraph: 

‘‘ ‘(C) Amounts utilized under subparagraph (B) may not 

be utilized for daily operating costs.’.’’; and 

(B) in subsection (d)— 

(i) by striking ‘‘the following new subsection (f)’’ 

and inserting ‘‘the following new subsection’’; and 

(ii) in the quoted matter, by redesignating subsection (f) as subsection (g). 

42 USC 2459j. 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4815 

SEC. 1118. SENSE OF CONGRESS WITH RESPECT TO THE MICHOUD 

ASSEMBLY FACILITY AND NASA’S OTHER CENTERS AND 

FACILITIES. 

It is the sense of Congress that the Michoud Assembly Facility 

represents a unique resource in the facilitation of the Nation’s 

exploration programs and that every effort should be made to 

ensure the effective utilization of that resource, as well as NASA’s 

other centers and facilities. 

SEC. 1119. REPORT ON U.S. INDUSTRIAL BASE FOR LAUNCH VEHICLE 

ENGINES. 

Not later than 180 days after the date of Enactment of this 

Act, the Director of the Office of Science and Technology Policy 

shall submit to Congress a report setting forth the assessment 

of the Director as to the capacity of the United States industrial 

base for development and production of engines to meet United 

States Government and commercial requirements for space launch 

vehicles. The report required by this section shall include information regarding existing, pending, and planned engine developments 

across a broad spectrum of thrust capabilities, including propulsion 

for sub-orbital, small, medium, and heavy-lift space launch vehicles. 

SEC. 1120. SENSE OF CONGRESS ON PRECURSOR INTERNATIONAL 

SPACE STATION RESEARCH. 

It is the Sense of Congress that NASA is taking positive steps 

to utilize the Space Shuttle as a platform for precursor International 

Space Station research by maximizing to the extent practicable 

the use of middeck accommodations, including soft stowage, for 

near-term scientific and commercial applications on remaining 

Space Shuttle flights, and the Administrator is strongly encouraged 

to continue to promote the effective utilization of the Space Shuttle 

for precursor research within the constraints of the International 

Space Station assembly requirements. 

SEC. 1121. LIMITATION ON FUNDING FOR CONFERENCES. 

(a) IN GENERAL.—There are authorized to be appropriated not more than $5,000,000 for any expenses related to conferences, 

including conference programs, travel costs, and related expenses. 

No funds authorized under this Act may be used to support a 

Space Flight Awareness Launch Honoree Event conference. The 

total amount of the funds available under this Act for other Space 

Flight Awareness Honoree-related activities in fiscal year 2009 

may not exceed 1⁄2 of the total amount of funds from all sources 

obligated or expended on such activities in fiscal year 2008. 

(b) QUARTERLY REPORTS.—The Administrator shall submit 

quarterly reports to the Inspector General of NASA regarding the 

costs and contracting procedures relating to each conference held 

by NASA during fiscal year 2009 for which the cost to the Government is more than $20,000. Each report shall include, for each 

conference described in that subsection held during the applicable 

quarter— 

(1) a description of the subject of and number of participants attending, the conference, including the number of NASA 

employees attending and the number of contractors attending 

at agency expense; 

(2) a detailed statement of the costs to the Government 

relating to the conference, including— 

(A) the cost of any food or beverages; 


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122 STAT. 4816 PUBLIC LAW 110–422—OCT. 15, 2008 

(B) the cost of any audio-visual services; and 

(C) a discussion of the methodology used to determine 

which costs relate to the conference; and 

D) cost of any room, board, travel, and per diem 

expenses; and 

(3) a description of the contracting procedures relating 

to the conference, including— 

(A) whether contracts were awarded on a competitive 

basis for that conference; and 

(B) a discussion of any cost comparison conducted by 

NASA in evaluating potential contractors for that conference. 

SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 

shall submit to Congress a report that contains a review of NASA 

programs and associated activities with an annual funding level 

of more than $50,000,000 that appear to be similar in scope and 

purpose to other activities within the Federal government, that 

includes— 

(1) a brief description of each NASA program reviewed 

and its subordinate activities; 

(2) the annual and cumulative appropriation amounts 

expended for each program reviewed and its subordinate activities since fiscal year 2005; 

(3) a brief description of each Federal program and its 

subordinate activities that appears to have a similar scope 

and purpose to a NASA program; and 

(4) a review of the formal and informal processes by which 

NASA coordinates with other Federal agencies to ensure that 

its programs and activities are not duplicative of similar efforts 

within the Federal government and that the programs and 

activities meet the core mission of NASA, and the degree of 

transparency and accountability afforded by those processes. 

(b) DUPLICATIVE PROGRAMS.—If the Comptroller General determines, under subsection (a)(4), that any deficiency exists in the 

NASA procedures intended to avoid or eliminate conflict or duplication with other Federal agency activities, the Comptroller General 

shall include a recommendation as to how such procedures should 

be modified to ensure similar programs and associated activities 


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PUBLIC LAW 110–422—OCT. 15, 2008 122 STAT. 4817 

LEGISLATIVE HISTORY—H.R. 6063 (S. 3270): 

HOUSE REPORTS: No. 110–702 (Comm. on Science and Technology). 

SENATE REPORTS: No. 110–422 accompanying S. 3270 (Comm. on Commerce, 

Science, and Transportation). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

June 12, 18, considered and passed House. 

Sept. 25, considered and passed Senate, amended. 

Sept. 27, House concurred in Senate amendment. 

Æ 

can be consolidated, eliminated, or streamlined within NASA or 

within other Federal agencies to improve efficiency. 

Approved October 15, 2008. 


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