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objects equal to or greater than 140 meters in di-
ameter, which could not be gained by robotic mis-
sions; and 
(5) a complete assessment by the Small Bodies 
Assessment Group and the National Aeronautics and 
Space Administration Advisory Council of how the 
proposed mission is in the strategic interests of the 
United States in space exploration. 
(b) MARS FLYBY REPORT.—Not later than 60 days 
after the date of enactment of this Act, an independent, 
private systems engineering and technical assistance orga-
nization contracted by the Human Exploration Operations 
Mission Directorate shall transmit to the Administrator, 
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 
analyzing the proposal for a Mars Flyby human 
spaceflight mission to be launched in 2021. Such report 
shall include— 
(1) a technical development, test, fielding, and 
operations plan using the Space Launch System and 
other systems to successfully mount a Mars Flyby 
mission by 2021; 
(2) a description of the benefits in scientific 
knowledge and technologies demonstrated by a Mars 
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Flyby mission to be launched in 2021 suitable for 
future Mars missions; and 
(3) an annual budget profile, including cost es-
timates, for the development test, fielding, and oper-
ations plan to carry out a Mars Flyby mission 
through 2021 and comparison of that budget profile 
to the 5-year budget profile contained in the Presi-
dent’s Budget request for fiscal year 2015. 
(c) ASSESSMENT.—Not later than 60 days after 
transmittal of the report specified in subsection (b), the 
Administrator shall transmit to the Committee on Science, 
Space, and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate an assessment by the National Aero-
nautics and Space Administration Advisory Council of 
whether the proposal for a Mars Flyby Mission to be 
launched in 2021 is in the strategic interests of the United 
States in space exploration. 
(d) CREWED
MISSION.—The report transmitted 
under subsection (b) may consider a crewed mission with 
the Space Launch System in cis-lunar space prior to the 
Mars Flyby mission in 2021. 
SEC. 702. TERMINATION LIABILITY SENSE OF CONGRESS. 
It is the sense of Congress that: 
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(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. The 
James Webb Space Telescope will revolutionize our 
understanding of star and planet formation and how 
galaxies evolved and advance the search for the ori-
gins of our universe. As a result of their unique ca-
pabilities and their critical contribution to the future 
of space exploration, these systems have been des-
ignated by Congress and the Administration as pri-
ority investments. 
(2) 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. 
(3) 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-
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tracts and orders—a termination rate of about 0.17 
percent. 
(4) The Administration should vigorously pur-
sue a policy on termination liability that maximizes 
the utilization of its appropriated funds to make 
maximum progress in meeting established technical 
goals and schedule milestones on these high-priority 
programs. 
SEC. 703. BASELINE AND COST CONTROLS. 
Section 30104 of title 51, United States Code, is 
amended— 
(1) in subsection (a)(1), by striking ‘‘Proce-
dural Requirements 7120.5c, dated March 22, 
2005’’ and 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 
‘‘beginning 18 months after the Administrator 
makes such determination’’. 
SEC. 704. PROJECT AND PROGRAM RESERVES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the judicious use of program and project re-
serves provides the Administration’s project and program 
managers with the flexibility needed to manage projects 
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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 Com-
merce, Science, and Transportation of the Senate a report 
describing— 
(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 pol-
icy of budgeting at a 70-percent confidence level; 
and 
(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, 
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