on the proposed Asteroid Retrieval Mission. Such report 
shall include— 
(1) a detailed budget profile, including cost esti-
mates for the development of all necessary tech-
nologies and spacecraft required for the mission; 
(2) a detailed technical plan that includes mile-
stones and a specific schedule; 
(3) a description of the technologies and capa-
bilities anticipated to be gained from the proposed 
mission that will enable future human missions to 
Mars which could not be gained by lunar missions; 
and 
(4) a complete review by the Small Bodies As-
sessment Group and the NASA Advisory Council 
that includes a recommendation to Congress on the 
feasibility of the mission as proposed by the Admin-
istration. 
SEC. 702. TERMINATION LIABILITY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The International Space Station, the Space 
Launch System, and the Orion crew capsule will en-
able the Nation to continue operations in low-Earth 
orbit and to send its astronauts to deep space. As 
a result of their unique capabilities and their critical 
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contribution to the future of space exploration, these 
systems have been designated by Congress and the 
Administration as priority investments. 
(2) While the Space Launch System and the 
Orion programs, currently under development, have 
made significant progress, they have not been fund-
ed at levels authorized, and as a result congression-
ally authorized milestones will be delayed by several 
years. 
(3) In addition, contractors are currently hold-
ing program funding, estimated to be in the hun-
dreds of millions of dollars, to cover the potential 
termination liability should the Government choose 
to terminate a program for convenience. As a result, 
hundreds of millions of taxpayer dollars are unavail-
able for meaningful work on these programs. 
(4) According to the Government Accountability 
Office, the Administration procures most of its 
goods and services through contracts, and it termi-
nates very few of them. In fiscal year 2010, the Ad-
ministration terminated 28 of 16,343 active con-
tracts and orders—a termination rate of about 0.17 
percent. 
(5) Providing processes requiring congressional 
action on termination of these high-priority pro-
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grams would enable contractors to apply taxpayer 
dollars to making maximum progress in meeting the 
established technical goals and schedule milestones 
of these programs. 
(b) NASA TERMINATION LIABILITY.— 
(1) GENERAL
RULE.—Termination liability 
costs for a covered program shall be provided only 
pursuant to this subsection. 
(2) PROHIBITION ON RESERVING FUNDS.—The 
Administrator may not reserve funds from amounts 
appropriated for a covered program, and shall direct 
prime contractors not to reserve funds, for potential 
termination liability costs with respect to a covered 
program. 
(3) INTENT OF CONGRESS.—It is the intent of 
Congress that funds authorized to be appropriated 
for covered programs be applied in meeting estab-
lished technical goals and schedule milestones. 
(4) VOID
CONTRACTUAL
PROVISIONS.—Any 
provision in a prime contract entered into before the 
date of enactment of this Act that provides for the 
payment of termination liability costs through any 
means other than as provided in this subsection is 
hereby declared to be void and unenforceable. 
(5) CONGRESSIONAL ACTION; NOTICE.— 
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(A) TERMINATION
FOR
CONVENIENCE.— 
The Administrator may not initiate termination 
for the convenience of the Government of a 
prime contract on a covered program unless 
such program termination is authorized or re-
quired by a law enacted after the date of enact-
ment of this Act. 
(B) TERMINATION FOR CAUSE.—The Ad-
ministrator shall notify the Committee on 
Science, Space, and Technology of the House of 
Representatives and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate before initiating termination for cause of a 
prime contract on a covered program. 
(6) 
SUPPLEMENTAL
APPROPRIATION
RE-
QUEST.— 
(A) REQUEST.—If the Administrator de-
cides to terminate a prime contract on a cov-
ered program, and sufficient unobligated appro-
priations are not available to cover termination 
liability costs in the appropriations account that 
is funding the prime contract being terminated, 
the Administrator shall provide to Congress a 
notification that an authorization of appropria-
tions is necessary not later than 120 days in 
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advance of the proposed contract settlement for 
the covered program. 
(B) INTENT OF CONGRESS.—It is the in-
tent of Congress to provide additional author-
ization for appropriations as may be necessary 
to pay termination liability costs on prime con-
tracts for covered programs if Congress deems 
it appropriate that the Administration termi-
nate such prime contracts. 
(7) DEFINITIONS.—For purposes of this sec-
tion: 
(A) COVERED PROGRAM.—The term ‘‘cov-
ered program’’ means the International Space 
Station, the Space Launch System, and the 
Orion crew capsule. 
(B) 
PRIME
CONTRACTOR.—The 
term 
‘‘prime contractor’’ means a person or entity 
contracting directly with the Federal Govern-
ment on a covered program. 
(C) TERMINATION LIABILITY COSTS.—The 
term ‘‘termination liability costs’’ means any 
costs incurred by a prime contractor, or by any 
subcontractor of a prime contractor, for which 
the Federal Government is liable as a result of 
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termination of a prime contract by the Adminis-
trator. 
(c) REPORTING.—Not later than 6 months after the 
date of enactment of this Act, and every 6 months there-
after for the duration of the prime contracts on covered 
programs, 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 that 
provides— 
(1) the estimated termination liability costs for 
each of the prime contracts; and 
(2) the basis for how such estimate was deter-
mined. 
SEC. 703. INDEMNIFICATION EXTENSION. 
Section 50915(f) of title 51, United States Code, is 
amended by striking ‘‘December 31, 2013’’ and inserting 
‘‘December 31, 2018’’. 
SEC. 704. BASELINE AND COST CONTROLS. 
Section 30104 of title 51, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘Procedural 
Requirements 7120.5c, dated March 22, 2005’’ and 
inserting ‘‘Procedural Requirements 7120.5E, dated 
August 14, 2012’’; and 
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(2) in subsection (f), by striking ‘‘beginning 18 
months after the date the Administrator transmits a 
report under subsection (e)(1)(A)’’ and inserting 
‘‘beginning 18 months after the Administrator 
makes such determination’’. 
SEC. 705. PROJECT AND PROGRAM RESERVES. 
To ensure that the establishment, maintenance, and 
allotment of project and program reserves contribute to 
prudent management, not later than 180 days after the 
date of enactment of this Act, the Administrator shall 
transmit to the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report describing the Administration’s criteria for estab-
lishing the amount of reserves at the project and program 
levels and how such criteria complement the Administra-
tion’s policy of budgeting at a 70-percent confidence level. 
SEC. 706. 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 de-
scribing the Administration’s procedures for conducting 
independent reviews of projects and programs at lifecycle 
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milestones and how the Administration ensures the inde-
pendence of the individuals who conduct those reviews 
prior to their assignment. 
SEC. 707. 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 Space Act Agreement may be used 
only when the use of a standard contract, grant, or cooper-
ative agreement is not feasible or appropriate, as deter-
mined by the Associate Administrator for Procurement. 
(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. 708. 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 with the 
Federal Government; or’’. 
SEC. 709. 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’’. 
SEC. 710. ORBITAL DEBRIS. 
(a) FINDING.—Congress finds that orbital debris 
poses serious risks to the operational space capabilities of 
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the United States and that an international consensus and 
strategic plan is needed to mitigate the growth of orbital 
debris wherever possible. 
(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 
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 
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Space Administration Authorization Act of 2010 (42 
U.S.C. 18441(b)(2)). 
SEC. 711. NASA LEADERSHIP. 
Section 20111 of title 51, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘The Admin-
istrator shall serve for a term of 6 years, and may 
be reappointed for additional terms.’’ after ‘‘and ac-
tivities thereof.’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘The Deputy Adminis-
trator may not act for, and exercise the powers 
of, the Administrator for a period in excess of 
45 days. After 45 days, the Associate Adminis-
trator shall exercise the powers of the Adminis-
trator until a new Administrator is appointed 
and confirmed by the Senate.’’ after ‘‘absence 
or disability.’’; and 
(B) by striking ‘‘from civilian life’’. 
SEC. 712. 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: 
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‘‘§ 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. 
‘‘(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— 
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‘‘(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. 
‘‘(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 
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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 
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 
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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. 
‘‘(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’’. 
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SEC. 713. 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— 
(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. 
Æ 
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