inserting ‘‘Procedural Requirements 7120.5E, dated 
August 14, 2012’’; and 
(2) in subsection (f), by striking ‘‘beginning 18 
months after the date the Administrator transmits a 
report under subsection (e)(1)(A)’’ and inserting ‘‘be-
ginning 18 months after the Administrator makes 
such determination’’. 
SEC. 704. PROJECT AND PROGRAM RESERVES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the judicious use of program and project reserves pro-
vides the Administration’s project and program managers 
with the flexibility needed to manage projects and programs 
to ensure that the impacts of contingencies can be mitigated. 
(b) REPORT.—Not later than 180 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 Commerce, 
Science, and Transportation of the Senate a report describ-
ing— 
(1) the Administration’s criteria for establishing 
the amount of reserves held at the project and pro-
gram levels; 
(2) how such criteria relate to the agency’s policy 
of budgeting at a 70-percent confidence level; and 
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(3) the Administration’s criteria for waiving the 
policy of budgeting at a 70-percent confidence level 
and alternative strategies and mechanisms aimed at 
controlling program and project costs when a waiver 
is granted. 
SEC. 705. INDEPENDENT REVIEWS. 
Not later than 270 days after the date of enactment 
of this Act, the Administrator shall transmit to the Com-
mittee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report describing— 
(1) the Administration’s procedures for con-
ducting independent reviews of projects and programs 
at lifecycle milestones and how the Administration 
ensures the independence of the individuals who con-
duct those reviews prior to their assignment; 
(2) the internal and external entities inde-
pendent of project and program management that 
conduct reviews of projects and programs at life cycle 
milestones; and 
(3) how the Administration ensures the inde-
pendence of such entities and their members. 
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SEC. 706. COMMERCIAL TECHNOLOGY TRANSFER PRO-
GRAM. 
Section 50116(a) of title 51, United States Code, is 
amended by inserting ‘‘, while protecting national security’’ 
after ‘‘research community’’. 
SEC. 707. NATIONAL AERONAUTICS AND SPACE ADMINIS-
TRATION ADVISORY COUNCIL. 
(a) STUDY.—The Administrator shall enter into an ar-
rangement with the National Academy of Public Adminis-
tration to assess the effectiveness of the NASA Advisory 
Council and to make recommendations to Congress for any 
change to— 
(1) the functions of the Council; 
(2) the appointment of members to the Council; 
(3) qualifications for members of the Council; 
(4) duration of terms of office for members of the 
Council; 
(5) frequency of meetings of the Council; 
(6) the structure of leadership and Committees of 
the Council; and 
(7) levels of professional staffing for the Council. 
In carrying out the assessment, the Academy shall also as-
sess the impacts of broadening the Council’s role to advising 
Congress, and any other issues that the Academy determines 
could potentially impact the effectiveness of the Council. The 
Academy shall consider the past activities of the NASA Ad-
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visory Council, as well as the activities of other analogous 
federal advisory bodies in conducting its assessment. The 
results of the assessment, including any recommendations, 
shall be transmitted to the Committee on Science, Space, 
and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate. 
(b) CONSULTATION AND ADVICE.—Section 20113(g) of 
title 51, United States Code, is amended by inserting ‘‘and 
Congress’’ after ‘‘advice to the Administration’’. 
(c) SUNSET.—Subsection (b) shall expire on September 
30, 2014. 
SEC. 708. COST ESTIMATION. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that realistic cost estimating is critically important to the 
ultimate success of major space development projects. The 
Administration has devoted significant efforts over the past 
five years to improving its cost estimating capabilities, but 
it is important that the Administration continue its efforts 
to develop and implement guidance in establishing realistic 
cost estimates. 
(b) GUIDANCE
AND CRITERIA.—The Administrator 
shall provide to programs and projects and in a manner 
consistent with the Administration’s Space Flight Program 
and Project Management Requirements— 
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(1) guidance on when an Independent Cost Esti-
mate and Independent Cost Assessment should be 
used; and 
(2) the criteria to be used to make such a deter-
mination. 
(c) REPORT.—Not later than 270 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 Commerce, 
Science, and Transportation of the Senate a report— 
(1) describing efforts to enhance internal cost es-
timation and assessment expertise; 
(2) describing the mechanisms the Administra-
tion is using and will continue to use to ensure that 
adequate resources are dedicated to cost estimation; 
(3) listing the steps the Administration is under-
taking to advance consistent implementation of the 
joint cost and schedule process; 
(4) identifying criteria used by programs and 
projects in determining when to conduct an Inde-
pendent Cost Estimate and Independent Cost Assess-
ment; and 
(5) listing— 
(A) the costs of each individual Independent 
Cost Estimate or Independent Cost Assessment 
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activity conducted in fiscal year 2011, fiscal 
year 2012, and fiscal year 2013; 
(B) the purpose of the activity; 
(C) identification of the primary Adminis-
tration unit or outside body that conducted the 
activity; and 
(D) key findings and recommendations. 
(d) UPDATED REPORT.—Subsequent to submission of 
the report under subsection (c), for each subsequent year, 
the Administrator shall provide an update of listed elements 
in conjunction with subsequent congressional budget jus-
tifications. 
SEC. 709. AVOIDING ORGANIZATIONAL CONFLICTS OF IN-
TEREST IN MAJOR ADMINISTRATION ACQUI-
SITION PROGRAMS. 
(a) REVISED REGULATIONS REQUIRED.—Not later 
than 270 days after the date of enactment of this Act, the 
Administrator shall revise the Administration Supplement 
to the Federal Acquisition Regulation to provide uniform 
guidance and recommend revised requirements for organi-
zational conflicts of interest by contractors in major acqui-
sition programs in order to address elements identified in 
subsection (b). 
(b) ELEMENTS.—The revised regulations required by 
subsection (a) shall, at a minimum— 
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(1) address organizational conflicts of interest 
that could potentially arise as a result of— 
(A) lead system integrator contracts on 
major acquisition programs and contracts that 
follow lead system integrator contracts on such 
programs, particularly contracts for production; 
(B) the ownership of business units per-
forming systems engineering and technical as-
sistance functions, professional services, or man-
agement support services in relation to major ac-
quisition programs by contractors who simulta-
neously own business units competing to perform 
as either the prime contractor or the supplier of 
a major subsystem or component for such pro-
grams; 
(C) the award of major subsystem contracts 
by a prime contractor for a major acquisition 
program to business units or other affiliates of 
the same parent corporate entity, and particu-
larly the award of subcontracts for software inte-
gration or the development of a proprietary soft-
ware system architecture; or 
(D) the performance by, or assistance of, 
contractors in technical evaluations on major ac-
quisition programs; 
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(2) ensure that the Administration receives ad-
vice on systems architecture and systems engineering 
matters with respect to major acquisition programs 
from objective sources independent of the prime con-
tractor; 
(3) require that a contract for the performance 
of systems engineering and technical assistance func-
tions for a major acquisition program contains a pro-
vision prohibiting the contractor or any affiliate of 
the contractor from participating as a prime con-
tractor or a major subcontractor in the development 
of a system under the program; and 
(4) establish such limited exceptions to the re-
quirement in paragraphs (2) and (3) as may be nec-
essary to ensure that the Administration has contin-
ued access to advice on systems architecture and sys-
tems engineering matters from highly-qualified con-
tractors with domain experience and expertise, while 
ensuring that such advice comes from sources that are 
objective and unbiased. 
SEC. 710. FACILITIES AND INFRASTRUCTURE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Administration must reverse the deterio-
rating condition of its facilities and infrastructure, as 
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100 
this condition is hampering the effectiveness and effi-
ciency of research performed by both the Administra-
tion and industry participants making use of Admin-
istration facilities, thus reducing the competitiveness 
of the United States aerospace industry; 
(2) the Administration has a role in providing 
laboratory capabilities to industry participants that 
are economically viable as commercial entities and 
thus are not available elsewhere; 
(3) to ensure continued access to reliable and ef-
ficient world-class facilities by researchers, the Ad-
ministration should seek to establish strategic part-
nerships with other Federal agencies, academic insti-
tutions, and industry, as appropriate; and 
(4) decisions on whether to dispose of, maintain, 
or modernize existing facilities must be made in the 
context of meeting future Administration and other 
Federal agencies’ laboratory needs, including those re-
quired to meet the activities supporting the Human 
Exploration Roadmap required by section 70504 of 
title 51, United States Code. 
(b) POLICY.—It is the policy of the United States that 
the Administration maintain reliable and efficient facilities 
and that decisions on whether to dispose of, maintain, or 
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101 
modernize existing facilities be made in the context of meet-
ing future Administration needs. 
(c) PLAN.—The Administrator shall develop a plan 
that has the goal of positioning the Administration to have 
the facilities, laboratories, tools, and approaches necessary 
to address future Administration requirements. Such plan 
shall identify— 
(1) future Administration research and develop-
ment and testing needs; 
(2) a strategy for identifying facilities that are 
candidates for disposal, that is consistent with the na-
tional strategic direction set forth in— 
(A) the National Space Policy; 
(B) the National Aeronautics Research, De-
velopment, Test, and Evaluation Infrastructure 
Plan; 
(C) National Aeronautics and Space Ad-
ministration Authorization Acts; and 
(D) the Human Exploration Roadmap 
specified in section 70504 of title 51, United 
States Code; 
(3) a strategy for the maintenance, repair, up-
grading, and modernization of the Administration’s 
laboratories, facilities, and equipment; 
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