National Aeronautics and Space Administration Authorization Act of 2008
PL 110-422 (H.R.6063), enacted 10/15/2008

122 STAT. 4779 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 mis-
sion directorates. 
Sec. 308. Enhancement of grant program on establishment of university-based cen-
ters 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 ob-
jects. 
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 cen-
ters. 
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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122 STAT. 4781 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 Administra-
tion, 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 chal-
lenging undertakings in science and technology, national secu-
rity, 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 commu-
nities; 
(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 capabili-
ties 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 bene-
fits, and helped train the next generation of scientists and 
engineers, and those activities should continue to be an impor-
tant priority. 
(10) NASA should make a sustained commitment to a 
robust long-term technology development activity. Such invest-
ments 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 Aero-
nautics 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 APPRO-
PRIATIONS 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 car-
rying 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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122 STAT. 4783 
PUBLIC LAW 110–422—OCT. 15, 2008 
Arecibo Observatory in support of the Near-Earth Object 
program, and $5,000,000 for radioisotope material produc-
tion, 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 sub-
paragraphs (A), (B), (C), and (D). 
(2) For Aeronautics, $853,400,000, of which $406,900,000 
shall be for system-level research, development, and demonstra-
tion 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 Sta-
tion-related research and development activities, and 
$355,000,000 shall be for research and development activi-
ties 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 pro-
gram. 
(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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122 STAT. 4784 
PUBLIC LAW 110–422—OCT. 15, 2008 
(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 activi-
ties 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 pro-
gram. 
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 govern-
ance 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 Com-
mittee 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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122 STAT. 4785 
PUBLIC LAW 110–422—OCT. 15, 2008 
SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO OPER-
ATIONAL 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 consulta-
tion 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 coordina-
tion 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 con-
tinue 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 OBSERV-
ATORY. 
(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 mis-
sion, 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 imple-
ment 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 para-
graph (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 appro-
priate, 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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122 STAT. 4787 
PUBLIC LAW 110–422—OCT. 15, 2008 
(2) Significant reductions in greenhouse gas emissions com-
pared to aircraft in commercial services as of the date of enact-
ment 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 Aero-
nautics, and shall work to increase the degree of involvement of 
external organizations, and especially of universities, in the funda-
mental 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 environ-
ment 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 oper-
ations, 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 arrange-
ment 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 appro-
priate 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 enact-
ment 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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122 STAT. 4788 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 Representa-
tives. 
SEC. 307. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES 
IN SUPPORT OF OTHER MISSION DIRECTORATES. 
Research and development activities performed by the Aero-
nautics 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 Adminis-
tration 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 con-
cepts 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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122 STAT. 4789 
PUBLIC LAW 110–422—OCT. 15, 2008 
(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 explo-
ration 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 deter-
mined by the availability of funding. However, once an exploration- 
related 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 exploration- 
related 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 pro-
gram 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, success-
ful, 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 identi-
fies 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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122 STAT. 4790 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 Com-
mittee 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 tech-
nologies in NASA’s Constellation systems that deliver a rich, multi- 
media experience to the public, and that facilitate participation 
by the public, the private sector, nongovernmental organizations, 
and international partners. Technologies for collecting high-defini-
tion 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 sec-
ondary cargo capability for technology validation and science mis-
sion 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 Adminis-
trator 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 trans-
parent bidding process to award such contracts and other agree-
ments, 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 enact-
ment of this Act, the Administrator shall submit the plan to the 
Committee on Science and Technology of the House of Representa-
tives 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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122 STAT. 4791 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 long- 
term 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 intra- 
Directorate 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 OBSERVATORY- 
CLASS 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 pro-
gram 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 activi-
ties, 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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122 STAT. 4792 
PUBLIC LAW 110–422—OCT. 15, 2008 
next generation of scientists and engineers, and provide opportuni-
ties 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 mis-
sions 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 Com-
merce, 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; rec-
ommendations 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 non- 
domestic facilities for such missions. 
SEC. 506. RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENER-
ATOR 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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122 STAT. 4793 
PUBLIC LAW 110–422—OCT. 15, 2008 
(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 COOPERA-
TION 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 rec-
ommendations 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 forma-
tion and evolution of the solar system, the nature and diversity 
of these solar system bodies, and the potential for conditions condu-
cive 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. 
Recommenda- 
tions. 
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122 STAT. 4794 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 UTILI-
ZATION
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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122 STAT. 4795 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 Inter-
national 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 Inter-
national Space Station National Laboratory and 
develop a plan for satisfying those requirements by 
dedicating a portion of volume on NASA supply mis-
sions 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 antici-
pated 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 com-
pleted 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 ‘‘Com-
mittee’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Committee shall be composed of 
individuals representing organizations who have formal agree-
ments 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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122 STAT. 4796 
PUBLIC LAW 110–422—OCT. 15, 2008 
(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 consid-
ered 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 explo-
ration 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 Labora-
tory at Kennedy Space Center represents a key investment and 
asset in the International Space Station National Laboratory capa-
bility. 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.—Sec-
tion 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. 
Recommenda- 
tions. 
Appointments. 
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122 STAT. 4797 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 consid-
ered 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 pur-
pose 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 micro-
gravity 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 Com-
merce, Science, and Transportation and the House of Represent-
atives Committee on Science and Technology of the determina-
tion, and provide a detailed explanation of the basis for that 
determination. After the notification is provided to the Commit-
tees, 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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122 STAT. 4798 
PUBLIC LAW 110–422—OCT. 15, 2008 
(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 appropria-
tions 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 prepara-
tion 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 Constella-
tion 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 cata-
strophic 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 human- 
rated 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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122 STAT. 4799 
PUBLIC LAW 110–422—OCT. 15, 2008 
on January 20, 2009, to extend Space Shuttle operations beyond 
2010, the currently anticipated date of Space Shuttle retire-
ment; 
(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 para-
graph (1) shall include a description of a process by which 
educational institutions, science museums, and other appro-
priate 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 para-
graph (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 
Plan. 
Deadline. 
Plan. 
42 USC 17761. 
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122 STAT. 4800 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 commu-
nities described in such paragraph to assist in the mitiga-
tion 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 REUTILI-
ZATION 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 retire-
ment 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 enact-
ment 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 reduction- 
in-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 Administra-
tion 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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122 STAT. 4801 
PUBLIC LAW 110–422—OCT. 15, 2008 
‘‘(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 sub-
section (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 Tech-
nology 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 expendi-
tures 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 Representa-
tives 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 alter-
natives 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 COM-
PETITIONS. 
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 sup-
ported. 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 involve-
ment in robotics competitions for students of all levels, are particu-
larly 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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122 STAT. 4803 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 PRO-
GRAM.—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 sup-
porting 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 near- 
Earth 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 discov-
ered 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 comet- 
collision disaster recovery and disaster avoidance in its public- 
safety 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 ren-
dezvousing with, attaching a tracking device, and character-
izing 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 near- 
Earth object threat, if near-term public safety is at risk; and 
(2) recommend a Federal agency or agencies to be respon-
sible 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 consulta-
tion 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 near- 
Earth objects, including a determination of the role of Arecibo, 
that was directed to be undertaken by the Fiscal Year 2008 Omni-
bus 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. 
Recommenda- 
tions. 
Deadline. 
42 USC 17794. 
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122 STAT. 4805 
PUBLIC LAW 110–422—OCT. 15, 2008 
the commercial sector at some point in the future. Congress encour-
ages NASA to look for such service opportunities and, to the max-
imum 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 Sta-
tion, NASA shall— 
(1) make use of United States commercially provided Inter-
national 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 oper-
ations 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 Transpor-
tation 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 Inter-
national Space Station-compatible docking adaptors and other rel-
evant 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 serv-
ices 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 com-
mences 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 con-
trols 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 pro-
tecting 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 imple-
mented 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 Con-
gress 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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122 STAT. 4807 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 arrange-
ment 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 com-
parable 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 responsibil-
ities 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 Con-
gress 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 Com-
merce, 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 FRAME-
WORK 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 coun-
tries. 
(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 rep-
resentatives of other space-faring countries to determine an appro-
priate 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 anony-
mous survey of astronauts and flight surgeons to evaluate commu-
nication, 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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122 STAT. 4809 
PUBLIC LAW 110–422—OCT. 15, 2008 
SEC. 1104. NATIONAL ACADEMIES DECADAL SURVEYS. 
(a) IN GENERAL.—The Administrator shall enter into agree-
ments on a periodic basis with the National Academies for inde-
pendent assessments, also known as decadal surveys, to take stock 
of the status and opportunities for Earth and space science dis-
cipline 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 condi-
tions 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 sys-
tems.’’; 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 estab-
lishing space launch ranges and facilities that are fully dedi-
cated 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 aero-
nautics programs. The program shall support the mission of NASA’s 
Innovative Partnerships Program with its emphasis on joint part-
nerships 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 mis-
sion 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 competitive-
ness of the private sector in producing viable commercial prod-
ucts. 
(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 con-
trolled by service-disabled veterans, and HUBZone small busi-
ness concerns. This paragraph shall not apply to any con-
tracting actions entered into or taken by NASA. 
(3) Creating a network of economic development organiza-
tions 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 accomplish-
ments 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 assist-
ance, 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 assist-
ance 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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122 STAT. 4811 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 recommenda-
tions. 
(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 non-
conventional petroleum source; 
(2) the purpose of the contract is not to obtain an alter-
native or synthetic fuel or fuel from a nonconventional petro-
leum 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 program-
ming 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 require-
ments of NASA. 
(2) To provide objective analysis of programs and institu-
tions 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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122 STAT. 4813 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 appro-
priate 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 enact-
ment 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 tech-
nologies and systems in remote areas. 
SEC. 1117. DEVELOPMENT OF ENHANCED-USE LEASE POLICY. 
(a) IN GENERAL.—The Administrator shall develop an agency- 
wide 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 account-
ability 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 account-
ability, 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 Consoli-
dated 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 sub-
section (f) as subsection (g). 
42 USC 2459j. 
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122 STAT. 4815 
PUBLIC LAW 110–422—OCT. 15, 2008 
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 informa-
tion 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 Govern-
ment 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 partici-
pants 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 con-
ference. 
SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment 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 activi-
ties 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 deter-
mines, under subsection (a)(4), that any deficiency exists in the 
NASA procedures intended to avoid or eliminate conflict or duplica-
tion 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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122 STAT. 4817 
PUBLIC LAW 110–422—OCT. 15, 2008 
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. 
can be consolidated, eliminated, or streamlined within NASA or 
within other Federal agencies to improve efficiency. 
Approved October 15, 2008. 
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