pendence of the individuals who conduct those reviews 
prior to their assignment. 
SEC. 706. SPACE ACT AGREEMENTS. 
(a) COST SHARING.—To the extent that the Adminis-
trator determines practicable, the funds provided by the 
Government under a funded Space Act Agreement shall 
not exceed the total amount provided by other parties to 
the Space Act Agreement. 
(b) NEED.—A funded Space Act Agreement may be 
used only when the use of a standard contract, grant, or 
cooperative agreement is not feasible or appropriate, as 
determined by the Associate Administrator for Procure-
ment. 
(c) PUBLIC NOTICE AND COMMENT.—The Adminis-
trator shall make available for public notice and comment 
each proposed Space Act Agreement at least 30 days be-
fore entering into such agreement, with appropriate 
redactions for proprietary, sensitive, or classified informa-
tion. 
(d) TRANSPARENCY.—The Administrator shall pub-
licly disclose on the Administration’s website and make 
available in a searchable format all Space Act Agreements, 
with appropriate redactions for proprietary, sensitive, or 
classified information, not later than 60 days after such 
agreement is signed. 
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(e) AUTHORIZATION.—The Administrator may not 
enter into a funded Space Act Agreement for an amount 
in excess of $50,000,000 unless such agreement has been 
specifically authorized by law. 
(f) ANNUAL REPORT.— 
(1) REQUIREMENT.—Not later than 90 days 
after the end of each fiscal year, the Administrator 
shall submit to the Committee on Science, Space, 
and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the use of Space 
Act Agreement authority by the Administration dur-
ing the previous fiscal year. 
(2) CONTENTS.—The report shall include for 
each Space Act Agreement in effect at the time of 
the report— 
(A) an indication of whether the agreement 
is a reimbursable, nonreimbursable, or funded 
Space Act Agreement; 
(B) a description of— 
(i) the subject and terms; 
(ii) the parties; 
(iii) the responsible— 
(I) mission directorate; 
(II) center; or 
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(III) headquarters element; 
(iv) the value; 
(v) the extent of the cost sharing 
among Federal Government and non-Fed-
eral sources; 
(vi) the time period or schedule; and 
(vii) all milestones; and 
(C) an indication of whether the agreement 
was renewed during the previous fiscal year. 
(3) ANTICIPATED
AGREEMENTS.—The report 
shall also include a list of all anticipated reimburs-
able, nonreimbursable, and funded Space Act Agree-
ments for the upcoming fiscal year. 
(4) CUMULATIVE
PROGRAM
BENEFITS.—The 
report shall also include, with respect to the Space 
Act Agreements covered by the report, a summary 
of— 
(A) the technology areas in which research 
projects were conducted under such agreements; 
(B) the extent to which the use of the 
Space Act Agreements— 
(i) has contributed to a broadening of 
the technology and industrial base avail-
able for meeting Administration needs; and 
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(ii) has fostered within the technology 
and industrial base new relationships and 
practices that support the United States; 
and 
(C) the total amount of value received by 
the Federal Government during the fiscal year 
pursuant to such Space Act Agreements. 
SEC. 707. HUMAN SPACEFLIGHT ACCIDENT INVESTIGA-
TIONS. 
Section 70702(a) of title 51, United States Code, is 
amended by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) any other space vehicle carrying humans 
that is owned by the Federal Government or that is 
being used pursuant to a contract or Space Act 
Agreement, as defined in section 2 of the National 
Aeronautics and Space Administration Authorization 
Act of 2014 with the Federal Government; or’’. 
SEC. 708. COMMERCIAL TECHNOLOGY TRANSFER PRO-
GRAM. 
Section 50116(a) of title 51, United States Code, is 
amended by inserting ‘‘, while protecting national secu-
rity’’ after ‘‘research community’’. 
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SEC. 709. ORBITAL DEBRIS. 
(a) FINDING.—Congress finds that orbital debris 
poses serious risks to the operational space capabilities of 
the United States and that an international consensus and 
strategic plan is needed to mitigate the growth of orbital 
debris wherever possible, as well as the status of any or-
bital debris mitigation concepts and technological options 
that have been developed or funded by any Federal agency 
in the past 5 years, or that otherwise show significant 
promise, in the near-term, to mitigate orbital debris. 
(b) REPORTS.— 
(1) COORDINATION.—Not later than 90 days 
after the date of enactment of this Act, the Adminis-
trator shall provide the Committee on Science, 
Space, and Technology of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate with a report on the 
status of efforts to coordinate with countries within 
the Inter-Agency Space Debris Coordination Com-
mittee to mitigate the effects and growth of orbital 
debris as required by section 1202(b)(1) of the Na-
tional Aeronautics and Space Administration Au-
thorization Act of 2010 (42 U.S.C. 18441(b)(1)). 
(2) MITIGATION STRATEGY.—Not later than 90 
days after the date of enactment of this Act, the Di-
rector of the Office of Science and Technology Policy 
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shall provide the Committee on Science, Space, and 
Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate with a report on the status of 
the orbital debris mitigation strategy required under 
section 1202(b)(2) of the National Aeronautics and 
Space Administration Authorization Act of 2010 (42 
U.S.C. 18441(b)(2)). 
SEC. 710. NASA ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Subchapter II of chapter 201 
of title 51, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 20118. NASA Advisory Council 
‘‘(a) ESTABLISHMENT.—There shall be established a 
NASA Advisory Council (in this section referred to as ‘the 
Council’) for the Administration in accordance with this 
section, not later than 9 months after the date of enact-
ment of this section. 
‘‘(b) MEMBERSHIP AND APPOINTMENT.—The Coun-
cil shall consist of 11 members to be appointed as follows: 
‘‘(1) 5 members shall be appointed by the 
President. 
‘‘(2) 2 members shall be appointed by the 
President pro tempore of the Senate. 
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‘‘(3) 1 member shall be appointed by the minor-
ity leader of the Senate. 
‘‘(4) 2 members shall be appointed by the 
Speaker of the House of Representatives. 
‘‘(5) 1 member shall be appointed by the minor-
ity leader of the House of Representatives. 
In addition to the members appointed under paragraphs 
(1) through (5), the Administrator shall be an ex officio, 
nonvoting member of the Council. Members of the Council 
shall comply with the Federal Advisory Committee Act (5 
U.S.C. App.) and the Ethics in Government Act of 1978 
(5 U.S.C. App.). 
‘‘(c) QUALIFICATIONS.—The persons appointed as 
members of the Council shall be— 
‘‘(1) former astronauts or scientists or engi-
neers eminent in the fields of human spaceflight, 
planetary science, space science, Earth science, aero-
nautics, or disciplines related to space exploration 
and aeronautics, including other scientific, engineer-
ing, or business disciplines; 
‘‘(2) selected on the basis of established records 
of distinguished service; and 
‘‘(3) so selected as to provide representation of 
the views of engineering, science, and aerospace 
leaders in all areas of the Nation. 
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‘‘(d) TERMS.—The term of office of each member of 
the Council shall be 6 years. 
‘‘(e) MEETINGS.—The Council shall meet two times 
annually at minimum and at such other times as the 
Chairman may determine, but the Chairman shall also call 
a meeting whenever one-third of the members so request 
in writing. The Council shall adopt procedures governing 
the conduct of its meetings, including delivery of notice 
and a definition of a quorum, which in no case shall be 
less than one-half plus one of the members of the Council. 
‘‘(f) CHAIRMAN AND VICE CHAIRMAN.—The Chair-
man and Vice Chairman of the Council shall be elected 
by a majority vote of the Council for a two-year term. A 
member may serve as Chairman and Vice Chairman for 
up to three terms. The Vice Chairman shall perform the 
duties of the Chairman in his absence. If a vacancy occurs 
in the chairmanship or vice chairmanship, the Council 
shall elect a member to fill such vacancy. 
‘‘(g) STAFF.—The Administrator shall support the 
Council with professional staff to provide for the perform-
ance of such duties as may be prescribed by the Council. 
‘‘(h) COMMITTEES.—The Council is authorized to ap-
point from among its members such committees as it 
deems necessary and to assign to committees so appointed 
such survey and advisory functions as the Council deems 
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appropriate to assist it in exercising its powers and func-
tions. 
‘‘(i) FUNCTIONS.— 
‘‘(1) BUDGET PROPOSAL.— 
‘‘(A) REVIEW
OF
PROPOSAL.—Not later 
than October 15 of each year, the Council shall 
have reviewed the Administration’s proposed 
budget for the next fiscal year and shall provide 
to the President their advice based on the best 
professional judgment of a majority of mem-
bers. Portions of Council meetings in which the 
Council considers the budget proposal for the 
next fiscal year may be closed to the public 
until the Council submits the proposal to the 
President and Congress. 
‘‘(B) ADVICE TO CONGRESSIONAL COMMIT-
TEES.—Not later than 14 days following the 
President’s budget submittal to Congress for 
the next fiscal year, the Council shall provide to 
the Committee on Science, Space, and Tech-
nology of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate their advice based on 
the best professional judgment of a majority of 
members. 
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‘‘(2) ADVICE
TO
THE
PRESIDENT
AND
CON-
GRESS.—The Council shall report their findings, ad-
vice, and recommendations to the President and 
Congress on matters of particular policy interest on 
space exploration and aeronautics based on the best 
professional judgment of a majority of members.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
chapter 201 of title 51, United States Code, is amended 
by adding at the end of the items for subchapter II the 
following new item: 
‘‘20118. NASA Advisory Council.’’. 
(c) CONSULTATION AND ADVICE.—Section 20113(g) 
of title 51, United States Code, is amended by inserting 
‘‘and Congress’’ after ‘‘advice to the Administration’’. 
SEC. 711. COST ESTIMATION. 
(a) REPORT.—Not later than 90 days after the date 
of enactment of this Act, the Administrator shall transmit 
to the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on current and continuing efforts to implement more effec-
tive cost-estimation practices. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include— 
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(1) a list of steps the Administration is under-
taking to advance consistent implementation of the 
joint cost and schedule level (JCL) process; and 
(2) a description of mechanisms the Adminis-
tration is using and will continue to use to ensure 
that adequate resources are dedicated to cost esti-
mation. 
SEC. 712. DETECTION AND AVOIDANCE OF COUNTERFEIT 
ELECTRONIC PARTS. 
(a) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 270 days 
after the date of the enactment of this Act, the Ad-
ministrator shall revise the NASA Supplement to 
the Federal Acquisition Regulation to address the 
detection and avoidance of counterfeit electronic 
parts. 
(2) CONTRACTOR RESPONSIBILITIES.—The re-
vised regulations issued pursuant to paragraph (1) 
shall provide that— 
(A) Administration contractors who supply 
electronic parts or products that include elec-
tronic parts are responsible for detecting and 
avoiding the use or inclusion of counterfeit elec-
tronic parts or suspect counterfeit electronic 
parts in such products and for any rework or 
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(A) require that the Administration and 
Administration contractors and subcontractors 
at all tiers— 
(i) obtain electronic parts that are in 
production or currently available in stock 
from the original manufacturers of the 
parts or their authorized dealers, or from 
suppliers who obtain such parts exclusively 
from the original manufacturers of the 
parts or their authorized dealers; and 
(ii) obtain electronic parts that are 
not in production or currently available in 
stock from suppliers that meet qualifica-
tion requirements established pursuant to 
subparagraph (C); 
(B) establish documented requirements 
consistent with published industry standards or 
Government contract requirements for— 
(i) notification of the Administration; 
and 
(ii) inspection, testing, and authen-
tication of electronic parts that the Admin-
istration or an Administration contractor 
or subcontractor obtains from any source 
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other than a source described in subpara-
graph (A); 
(C) establish qualification requirements, 
consistent with the requirements of section 
2319 of title 10, United States Code, pursuant 
to which the Administration may identify sup-
pliers that have appropriate policies and proce-
dures in place to detect and avoid counterfeit 
electronic parts and suspect counterfeit elec-
tronic parts; and 
(D) authorize Administration contractors 
and subcontractors to identify and use addi-
tional suppliers beyond those identified pursu-
ant to subparagraph (C), provided that— 
(i) the standards and processes for 
identifying such suppliers comply with es-
tablished industry standards; 
(ii) the contractor or subcontractor 
assumes responsibility for the authenticity 
of parts provided by such suppliers as pro-
vided in paragraph (2); and 
(iii) the selection of such suppliers is 
subject to review and audit by appropriate 
Administration officials. 
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(4) TIMELY NOTIFICATION.—The revised regu-
lations issued pursuant to paragraph (1) shall re-
quire that any Administration contractor or subcon-
tractor who becomes aware, or has reason to sus-
pect, that any end item, component, part, or mate-
rial contained in supplies purchased by the Adminis-
tration, or purchased by a contractor or subcon-
tractor for delivery to, or on behalf of, the Adminis-
tration, contains counterfeit electronic parts or sus-
pect counterfeit electronic parts, shall provide notifi-
cation to the applicable Administration contracting 
officer within 30 calendar days. 
(b) DEFINITIONS.—In this section, the term ‘‘elec-
tronic part’’ means a discrete electronic component, in-
cluding a microcircuit, transistor, capacitor, resistor, or 
diode that is intended for use in a safety or mission critical 
application. 
SEC. 713. PROHIBITION ON USE OF FUNDS FOR CONTRAC-
TORS THAT HAVE COMMITTED FRAUD OR 
OTHER CRIMES. 
None of the funds authorized to be appropriated or 
otherwise made available for fiscal year 2014 or any fiscal 
year thereafter for the Administration may be used to 
enter into a contract with any offeror or any of its prin-
cipals if the offeror certifies, pursuant to the Federal Ac-
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quisition Regulation, that the offeror or any of its prin-
cipals— 
(1) within a three-year period preceding this 
offer has been convicted of or had a civil judgment 
rendered against it for— 
(A) commission of fraud or a criminal of-
fense in connection with obtaining, attempting 
to obtain, or performing a public (Federal, 
State, or local) contract or subcontract; 
(B) violation of Federal or State antitrust 
statutes relating to the submission of offers; or 
(C) commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of 
records, making false statements, tax evasion, 
violating Federal criminal tax laws, or receiving 
stolen property; 
(2) are presently indicted for, or otherwise 
criminally or civilly charged by a governmental enti-
ty with, commission of any of the offenses enumer-
ated in paragraph (1); or 
(3) within a three-year period preceding this 
offer, has been notified of any delinquent Federal 
taxes in an amount that exceeds $3,000 for which 
the liability remains unsatisfied. 
Æ 
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