such advice comes from sources that are objective and 
unbiased. 
SEC. 805. REPORT TO CONGRESS. 
The Administrator shall transmit to the Congress, not 
later than April 30 of each year, an estimate of the total 
termination liability as of the end of the second fiscal quar-
ter for all NASA contracts with a total value in excess of 
$200,000,000. 
TITLE IX—OTHER PROVISIONS 
SEC. 901. CLOUD COMPUTING. 
(a) DEFINITION.—As defined by the National Institute 
of Standards and Technology, for purposes of this section, 
the term ‘‘cloud computing’’ means a model for enabling 
convenient, on-demand network access to a shared pool of 
configurable computing resources that can be rapidly 
provisioned with minimal management effort or service 
provider interaction. 
(b) REPORT.—Not later than 1 year after NASA has 
entered into a contract for its first use of a non-Federal 
cloud computing facility, the Comptroller General shall 
transmit to the Congress a report detailing whether sen-
sitive but unclassified and classified NASA information 
was processed on that facility and if so, how NASA ensured 
that data access and security requirements were in place 
to safeguard NASA’s scientific and technical information. 
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SEC. 902. REVIEW OF PRACTICES TO DETECT AND PREVENT 
THE USE OF COUNTERFEIT PARTS. 
Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall transmit to the Con-
gress a review of NASA’s processes and controls to detect 
and prevent the use of counterfeit parts in NASA mission 
projects and related assets. The review shall examine— 
(1) the trends in known and identified counter-
feit parts in NASA’s supply chain; 
(2) NASA’s processes and controls to detect coun-
terfeit parts and prevent their incorporation into 
NASA mission projects, instruments, and other mis-
sion-related assets; and 
(3) any gaps in NASA’s controls and processes 
for detecting counterfeit parts and preventing their 
incorporation into NASA missions and related assets. 
SEC. 903. PRESERVATION AND MANAGEMENT OF LUNAR 
SITES. 
(a) INTERNATIONAL
DIALOGUE.—The Director of 
OSTP, in cooperation with the Administrator, other rel-
evant Federal agencies, commercial entities, and inter-
national bodies, shall enter into a dialogue to identify the 
questions and research needed to understand— 
(1) the potential adverse impacts of various uses 
of the Moon on scientific research activities; 
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(2) the potential adverse impacts of such uses on 
lunar areas of historical, cultural, or scientific value; 
and 
(3) how to prevent or mitigate such impacts. 
(b) GRANTS PROGRAM.—The Administrator, in co-
operation with other relevant Federal agencies and stake-
holders, shall establish a grants program to conduct re-
search for the purpose of identifying and characterizing po-
tential impacts related to lunar activities and describing 
potential means for managing and mitigating the impacts. 
(c) INTERNATIONAL FRAMEWORK.—As a result of the 
dialogue under subsection (a), the Director of OSTP shall 
initiate an effort to establish an international framework 
for identifying, protecting, and preserving lunar areas de-
termined to be of significant historical, cultural, or sci-
entific value. 
(d) REPORT.—The Director of OSTP shall provide a 
report on the results of the international dialogue under 
subsection (a) and the establishment of an international 
framework under subsection (c), to be transmitted to the 
Congress not later than 2 years after the date of enactment 
of this Act. 
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SEC. 904. CONTINUITY OF MODERATE RESOLUTION LAND 
IMAGING REMOTE SENSING DATA. 
(a) REAFFIRMATION OF POLICY.—The Congress reaf-
firms the finding in section 2(1) of the Land Remote Sens-
ing Policy Act of 1992 (15 U.S.C. 5601(1)) which states 
that ‘‘The continuous collection and utilization of land re-
mote sensing data from space are of major benefit in study-
ing and understanding human impacts on the global envi-
ronment, in managing the Earth’s natural resources, in 
carrying out national security functions, and in planning 
and conducting many other activities of scientific, eco-
nomic, and social importance.’’. 
(b) CONTINUOUS LAND REMOTE SENSING DATA COL-
LECTION.—The Director of OSTP shall take steps in con-
sultation with other relevant Federal agencies to ensure, to 
the maximum extent practicable, the continuous collection 
of space-based medium-resolution observations of the 
Earth’s land cover and to ensure that the data are made 
available in such ways as to facilitate the widest possible 
use. 
SEC. 905. SPACE WEATHER. 
(a) STRATEGY AND IMPLEMENTATION PLAN.—The Di-
rector of OSTP, in coordination with the Administrator 
and with other relevant Federal agencies, space weather co-
ordinating bodies, industry, academia, and other stake-
holders, shall prepare a long-term strategy for a sustainable 
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space weather program and develop a plan to implement 
the strategy. The implementation plan shall— 
(1) define individual agency responsibilities for 
carrying out the strategy; 
(2) identify the milestones and schedule required 
for each agency’s contributions; 
(3) provide an estimate of the resources required 
for each agency to carry out its responsibilities; 
(4) establish a process for coordinating agency 
responsibilities, programs, and budgets required for 
implementing the plan; and 
(5) identify opportunities for private sector and 
international contributions to implementing the plan. 
(b) STUDY ON PREDICTION.—The Director of OSTP 
shall enter into an arrangement with the National Acad-
emies to assess the status of capabilities for space weather 
prediction and recommend the highest priority basic re-
search, infrastructure, and operational needs required to 
improve the Nation’s ability to predict space weather 
events. The study should also address the benefits of space 
weather prediction. The Director shall transmit the results 
of the study to the Congress not later than 18 months after 
the date of enactment of this Act. 
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101 
SEC. 906. USE OF OPERATIONAL COMMERCIAL SUBORBITAL 
VEHICLES FOR RESEARCH, DEVELOPMENT, 
AND EDUCATION. 
(a) PLAN.—The Administrator shall prepare a plan 
describing the processes required to support the use of com-
mercial reusable suborbital flight vehicles for carrying out 
competitively selected scientific and engineering investiga-
tions and educational activities. The plan shall— 
(1) describe NASA, space flight operator, and 
supporting contractor responsibilities for developing 
standard payload interfaces and conducting payload 
safety analyses, payload integration and processing, 
payload operations, and safety assurance for NASA- 
sponsored space flight participants, among other func-
tions required to fly NASA-sponsored payloads and 
space flight participants on commercial suborbital ve-
hicles; 
(2) identify NASA-provided hardware, software, 
or services that may be provided to space flight opera-
tors on a cost-reimbursable basis, through agreements 
entered into under section 203(c)(5) of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 
2473(c)(5)), or on a contractual basis; and 
(3) describe the United States Government and 
space flight operator responsibilities for liability and 
indemnification with respect to commercial suborbital 
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102 
vehicle flights that involve NASA-sponsored payloads 
or activities, NASA-supported space flight partici-
pants, or other NASA-related contributions. 
(b) COMMERCIAL REUSABLE SUBORBITAL CAPABILI-
TIES
AND RISKS.—The Administrator shall assess and 
characterize the potential capabilities and performance of 
commercial reusable suborbital vehicles for addressing sci-
entific research, including research requiring access to low 
gravity and microgravity environments, for carrying out 
technology demonstrations related to science, exploration, or 
space operations requirements, and for providing opportu-
nities for educating and training space scientists and engi-
neers, once those vehicles become operational. The assess-
ment shall also characterize the risks of using potential 
commercial reusable suborbital flights to NASA-sponsored 
researchers, investigators, and scientific investigations and 
flight hardware. The Administrator shall make a deter-
mination on the need to enter into arrangements with com-
mercial reusable suborbital service providers for flights or 
flight services to acquire analytical data to inform the as-
sessment. 
(c) TRANSMITTAL.—The plan and assessment described 
in subsections (a) and (b) shall be transmitted to the Con-
gress not later than 1 year after the date of enactment of 
this Act. 
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103 
(d) IN GENERAL.—The report of the National Acad-
emy of Sciences entitled ‘‘Revitalizing NASA’s Suborbital 
Program: Advancing Science, Driving Innovation and De-
veloping Workforce’’ found that suborbital science missions 
were critical to building an aerospace workforce capable of 
meeting the needs of current and future human and robotic 
space exploration. 
(e) MANAGEMENT.—The Administrator shall designate 
an officer or employee of the Space Technology Program 
to act as the responsible official for the Commercial Reus-
able Suborbital Research Program in the Space Technology 
Program. The designee shall be responsible for the develop-
ment of short-term and long-term strategic plans related to 
the use of commercial reusable suborbital vehicles to support 
NASA’s requirements for competitively-selected science, 
technology demonstration, and educational activities. 
(f) ESTABLISHMENT.—The Administrator shall estab-
lish a Commercial Reusable Suborbital Research Program 
within the Space Technology Program that shall fund the 
development of competitively selected payloads for scientific 
research, technology development, and education, and shall 
provide flight opportunities for those payloads to micro-
gravity environments and suborbital altitudes that meet the 
requirements of such investigations. The Commercial Reus-
able Suborbital Research Program may fund engineering 
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104 
and integration demonstrations, proofs of concept, or ex-
periments for commercial reusable vehicle flights, once the 
vehicles have met the requirements consistent with sub-
section (h). The program shall coordinate with NASA’s Mis-
sion Directorates to help achieve NASA’s research, tech-
nology, and education goals. 
(g) REPORT.—The Administrator shall submit a re-
port annually to the Congress describing progress in car-
rying out the Commercial Reusable Suborbital Research 
program, including the number and type of suborbital mis-
sions planned in each fiscal year. The plan and assessment 
described in subsections (a) and (b) shall be transmitted 
to the Congress not later than 1 year after the date of enact-
ment of this Act, before the transmittal of which the Admin-
istrator shall not be constrained in the execution of this sec-
tion. 
(h) INDEMNIFICATION AND LIABILITY.—The Adminis-
trator shall not proceed with a request for proposals, award 
any contract, commit any United States Government funds, 
or enter into any other agreement for the provision of a 
commercial reusable suborbital vehicle launch service of a 
NASA-sponsored payload or spaceflight participant until 
all indemnification and liability issues associated with the 
use of such systems by the United States Government shall 
have been addressed and the Administrator has provided 
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to the Congress a report describing the indemnification and 
liability provisions that are planned to be included in such 
contracts or agreements. 
SEC. 907. STUDY ON EXPORT CONTROL MATTERS RELATED 
TO UNITED STATES ASTRONAUT SAFETY AND 
NASA MISSION OPERATIONS. 
(a) ESTABLISHMENT.—The Director of OSTP, in con-
sultation with the Administrator and other relevant Federal 
agencies, shall conduct a study to examine the need for a 
process for granting real-time, limited waivers to export 
control license restrictions or regulations that are necessary 
for United States Government entities and contractors to 
enter into technical discussions and to share technical data 
with foreign government entities and contractors to resolve 
anomalies that may— 
(1) threaten the safety of United States astro-
nauts aboard cooperative crewed spacecraft such as 
the ISS; or 
(2) impair the operations of international civil 
research and other spacecraft that involve the na-
tional interests of the United States. 
(b) TRANSMITTAL.—The results of the study shall be 
transmitted to the Congress not later than 1 year after the 
date of enactment of this Act. 
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106 
SEC. 908. AMENDMENT TO THE NATIONAL AERONAUTICS 
AND SPACE ACT OF 1958. 
Section 202 of the National Aeronautics and Space Act 
of 1958 (42 U.S.C. 2472) is amended by adding at the end 
the following new subsection: 
‘‘(d) The Administrator and the Deputy Administrator 
may be retired commissioned military personnel.’’. 
SEC. 909. NEAR-EARTH OBJECTS. 
(a) RESPONSIBLE
OFFICIAL.—The Administrator 
shall designate a responsible official for coordinating 
NASA’s near-Earth object observation activities and 
NASA’s interactions with other Federal agencies and inter-
national entities on near-Earth object surveys, defense, and 
efforts related to addressing any threats to the United States 
posed by near-Earth objects. The responsible official shall 
report directly to the Administrator. 
(b) REAFFIRMATION OF POLICY ON NEAR-EARTH OB-
JECT SURVEY.—The Congress reaffirms the direction set 
forth in section 321(d)(1) of the National Aeronautics and 
Space Administration Authorization Act of 2005 (42 U.S.C. 
16691(d)(1)) that directed the Administrator ‘‘to plan, de-
velop, and implement a Near-Earth Object Survey program 
to detect, track, catalogue, and characterize the physical 
characteristics of near-Earth objects equal to or greater than 
140 meters in diameter in order to assess the threat of such 
near-Earth objects to the Earth’’. 
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(c) REAFFIRMATION OF POLICY WITH RESPECT TO 
THREATS POSED BY NEAR-EARTH OBJECTS.—The Con-
gress reaffirms the direction set forth in section 804 of the 
National Aeronautics and Space Administration Author-
ization Act of 2008 (42 U.S.C. 17794) that directed the Di-
rector of OSTP by October 15, 2010, to— 
(1) develop a policy for notifying Federal agen-
cies 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 responsible for— 
(A) protecting the United States from a 
near-Earth object that is expected to collide with 
Earth; and 
(B) implementing a deflection campaign, in 
consultation with international bodies, should 
one be necessary. 
(d) ARECIBO OBSERVATORY.—Congress reiterates its 
support for the use of the Arecibo Observatory for NASA- 
funded near-Earth object-related activities. The Adminis-
trator shall coordinate with the Director of the National 
Science Foundation to ensure the availability of the Arecibo 
Observatory’s planetary radar to support these activities. 
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108 
(e) PLAN.—Not later than 270 days after the date of 
enactment of this Act, the Administrator shall transmit to 
the Congress a plan for carrying out the direction re-
affirmed by subsection (b). 
(f) AUTHORIZATION OF APPROPRIATIONS.—From the 
funds authorized for Planetary Science in title I, 
$1,000,000 in fiscal year 2012 and $1,000,000 in fiscal 
year 2013 shall be for supporting competitively awarded 
grants for investigation of innovative approaches to car-
rying out the congressionally mandated survey of near- 
Earth objects equal to or greater than 140 meters in diame-
ter. 
SEC. 910. SENSE OF CONGRESS. 
It is the sense of Congress that NASA shall endeavor 
to carry out, to the extent feasible and technologically pos-
sible, the top recommendation from the decadal survey in 
each mission area. 
SEC. 911. ETHICS PROGRAMS IN THE OFFICE OF GENERAL 
COUNSEL. 
(a) REAFFIRMATION OF RESPONSIBILITIES OF COUN-
SEL.—The legal staff of the Office of General Counsel of 
NASA is reminded that as Government attorneys they have 
a special obligation to instruct NASA staff to comply with 
applicable Federal law and regulations. 
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(b) BIENNIAL ETHICS TRAINING FOR COUNSEL.—All 
NASA counsel shall be required to receive ethics training 
in the legal obligations of Government attorneys on a bien-
nial basis. 
(c) CERTIFICATION
OF TRAINING.—Certification of 
participation in such a program shall be included in each 
counsel’s personnel record. 
(d) DESIGNATED ETHICS OFFICER.—The General 
Counsel of NASA may not serve as NASA’s designated eth-
ics officer. 
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Union Calendar No. 333 
111TH CONGRESS 
2D SESSION 
H. R. 5781 
[Report No. 111–576] 
A BILL 
To authorize the programs of the National Aero-
nautics and Space Administration, and for other 
purposes. 
JULY 28, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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