In carrying out the assessment, the Academy shall also 
assess the impacts of broadening the Council’s role to ad-
vising 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 Advisory 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 Com-
mittee 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.—Effective on September 30, 2016, sec-
tion 20113(g) of title 51, United States Code, is amended 
by striking ‘‘and Congress’’. 
SEC. 708. COST ESTIMATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that realistic cost estimating is critically important 
to the ultimate success of major space development 
projects. The Administration has devoted significant ef-
forts over the past 5 years to improving its cost estimating 
capabilities, but it is important that the Administration 
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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 Pro-
gram and Project Management Requirements— 
(1) guidance on when an Independent Cost Es-
timate and Independent Cost Assessment should be 
used; and 
(2) the criteria to be used to make such a de-
termination. 
(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 Com-
merce, Science, and Transportation of the Senate a re-
port— 
(1) describing efforts to enhance internal cost 
estimation 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 un-
dertaking to advance consistent implementation of 
the joint cost and schedule process; 
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(4) identifying criteria used by programs and 
projects in determining when to conduct an Inde-
pendent Cost Estimate and Independent Cost As-
sessment; and 
(5) listing— 
(A) the costs of each individual Inde-
pendent Cost Estimate or Independent Cost As-
sessment activity conducted in fiscal year 2012, 
fiscal year 2013, fiscal year 2014, and fiscal 
year 2015; 
(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 justifications. 
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, 
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the Administrator shall revise the Administration Supple-
ment to the Federal Acquisition Regulation to provide uni-
form guidance and recommend revised requirements for 
organizational conflicts of interest by contractors in major 
acquisition programs in order to address elements identi-
fied in subsection (b). 
(b) ELEMENTS.—The revised regulations required by 
subsection (a) shall, at a minimum— 
(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 
management support services in relation to 
major acquisition programs by contractors who 
simultaneously own business units competing to 
perform as either the prime contractor or the 
supplier of a major subsystem or component for 
such programs; 
(C) the award of major subsystem con-
tracts by a prime contractor for a major acqui-
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sition program to business units or other affili-
ates of the same parent corporate entity, and 
particularly the award of subcontracts for soft-
ware integration or the development of a pro-
prietary software system architecture; or 
(D) the performance by, or assistance of, 
contractors in technical evaluations on major 
acquisition programs; 
(2) ensure that the Administration receives ad-
vice on systems architecture and systems engineer-
ing matters with respect to major acquisition pro-
grams from objective sources independent of the 
prime contractor; 
(3) require that a contract for the performance 
of systems engineering and technical assistance 
functions for a major acquisition program contains 
a provision 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 
systems engineering matters from highly qualified 
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contractors 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 Con-
gress that— 
(1) the Administration must reverse the deterio-
rating condition of its facilities and infrastructure, 
as this condition is hampering the effectiveness and 
efficiency of research performed by both the Admin-
istration and industry participants making use of 
Administration facilities, thus reducing the competi-
tiveness of the United States aerospace industry; 
(2) the Administration has a role in providing 
laboratory capabilities that are not available else-
where to industry participants that are economically 
viable as commercial entities; 
(3) to ensure continued access to reliable and 
efficient 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, main-
tain, or modernize existing facilities must be made 
in the context of meeting future Administration and 
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other Federal agencies’ laboratory needs, including 
those required to meet the activities supporting the 
Human Exploration Roadmap required by section 
70504 of title 51, United States Code, as added by 
section 202 of this Act. 
(b) POLICY.—It is the policy of the United States 
that the Administration maintain reliable and efficient fa-
cilities and that decisions on whether to dispose of, main-
tain, or modernize existing facilities be made in the con-
text of meeting 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 
national strategic direction set forth in— 
(A) the National Space Policy; 
(B) the National Aeronautics Research, 
Development, Test, and Evaluation Infrastruc-
ture Plan; 
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100 
(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, as added by section 202 of this 
Act; 
(3) a strategy for the maintenance, repair, up-
grading, and modernization of the Administration’s 
laboratories, facilities, and equipment; 
(4) criteria for prioritizing deferred mainte-
nance tasks and also for upgrading or modernizing 
laboratories, facilities, and equipment and imple-
menting processes, plans, and policies for guiding 
the Administration’s Centers on whether to main-
tain, repair, upgrade, or modernize a facility and for 
determining the type of instrument to be used; 
(5) an assessment of modifications needed to 
maximize usage of facilities that offer unique and 
highly specialized benefits to the aerospace industry 
and the American public; 
(6) barriers, if any, to the application of exist-
ing Working Capital Fund authorities that would 
enable to the maximum extent practicable that all fi-
nancial savings achieved by closing outdated or sur-
plus facilities at an Administration Center be made 
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101 
available to that Center for the purpose of modern-
izing the Center’s facilities and laboratories and for 
upgrading the infrastructure at the Center; and 
(7) implementation steps, including a timeline, 
milestones, and an estimate of resources, required 
for carrying out the plan. 
(d) POLICY.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall establish 
and make publically available a policy that guides the Ad-
ministration’s use of existing authorities to out-grant, 
lease, excess to the General Services Administration, sell, 
decommission, demolish, or otherwise transfer property, 
facilities, or infrastructure. This policy shall establish cri-
teria for the use of authorities, best practices, standard-
ized procedures, and guidelines for how to appropriately 
manage property, infrastructure, and facilities. 
(e) TRANSMITTAL.—Not later than one year after the 
date of enactment of this Act, the Administrator shall 
transmit the plan developed under subsection (c) 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. 
SEC. 711. DETECTION AND AVOIDANCE OF COUNTERFEIT 
ELECTRONIC PARTS. 
(a) REGULATIONS.— 
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(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of this Act, the Adminis-
trator shall revise the National Aeronautics and 
Space Administration 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 
corrective action that may be required to rem-
edy the use or inclusion of such parts; and 
(B) the cost of counterfeit electronic parts 
and suspect counterfeit electronic parts and the 
cost of rework or corrective action that may be 
required to remedy the use or inclusion of such 
parts are not allowable costs under Administra-
tion contracts, unless— 
(i) the covered contractor has an oper-
ational system to detect and avoid counter-
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103 
feit parts and suspect counterfeit electronic 
parts that has been reviewed and approved 
by the Administration or the Department 
of Defense; 
(ii) the covered contractor provides 
timely notice to the Administration pursu-
ant to paragraph (4); or 
(iii) the counterfeit electronic parts or 
suspect counterfeit electronic parts were 
provided to the contractor as Government 
property in accordance with part 45 of the 
Federal Acquisition Regulation. 
(3) SUPPLIERS OF ELECTRONIC PARTS.—The 
revised regulations issued pursuant to paragraph (1) 
shall— 
(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 
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cation to the applicable Administration contracting 
officer within 30 calendar days. 
(b) REPORT.—Not later than 120 days after the re-
vised regulations specified in subsection (a) have been im-
plemented, the Administrator shall submit 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 updat-
ing the Administration’s actions to prevent counterfeit 
electronic parts from entering the supply chain as de-
scribed in its October 2011 report pursuant to section 
1206(d) of the National Aeronautics and Space Adminis-
tration Authorization Act of 2010 (42 U.S.C. 18444(d)). 
(c) DEFINITION.—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. 712. 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. 
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(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 each Space Act Agree-
ment, with appropriate redactions for proprietary, sen-
sitive, or classified information, not later than 60 days 
after such agreement is signed. 
(e) 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 
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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 
(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-
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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 
(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. 713. 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: 
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‘‘(3) any other orbital or suborbital space vehi-
cle carrying humans— 
‘‘(A) that is owned by the Federal Govern-
ment; or 
‘‘(B) that is being used pursuant to a con-
tract or Space Act Agreement, as defined in 
section 2 of the National Aeronautics and 
Space Administration Authorization Act for 
2016 and 2017, with the Federal Government 
for carrying a researcher or payload funded by 
the Federal Government; or’’. 
SEC. 714. FULLEST COMMERCIAL USE OF SPACE. 
(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 by the Administration 
to ‘‘seek and encourage, to the maximum extent possible, 
the fullest commercial use of space,’’ as described in sec-
tion 20102(c) of title 51, United States Code. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include— 
(1) an assessment of the Administration’s ef-
forts to comply with the policy; 
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111 
(2) an explanation of criteria used to define 
compliance; 
(3) a description of programs, policies, and ac-
tivities the Administration is using, and will continue 
to use, to ensure compliance; 
(4) an explanation of how the Administration 
could expand on the efforts to comply; and 
(5) a summary of all current and planned ac-
tivities pursuant to this policy. 
(c) BARRIERS TO FULLEST COMMERCIAL USE OF 
SPACE.—Not later than 90 days after the date of enact-
ment 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 by the Administration 
to reduce impediments, bureaucracy, redundancy, and 
burdens to ensure the fullest commercial use of space as 
required by section 20102(c) of title 51, United States 
Code. 
SEC. 715. ORBITAL DEBRIS. 
(a) FINDINGS.—Congress finds that orbital debris 
poses serious risks to the operational space capabilities of 
the United States and that an international commitment 
and integrated strategic plan are needed to mitigate the 
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growth of orbital debris wherever possible. Congress finds 
the delay in the Office of Science and Technology Policy’s 
submission of a report on the status of international co-
ordination and development of mitigation strategies to be 
inconsistent with such risks. 
(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 
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113 
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. 716. REVIEW OF ORBITAL DEBRIS REMOVAL CON-
CEPTS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the amount of orbital debris in low-Earth orbit 
poses risks for human activities and robotic spacecraft and 
that this debris may increase due to collisions between ex-
isting debris objects. Understanding options to address 
and remove orbital debris is important for ensuring safe 
and effective spacecraft operations in low-Earth orbit. 
(b) REVIEW.—The Administrator, in collaboration 
with other relevant Federal agencies, shall solicit and re-
view concepts and technological options for removing or-
bital debris from low-Earth orbit. The solicitation and re-
view shall also address the requirements for and feasibility 
of developing and implementing each of the options. 
(c) TRANSMITTAL.—Not later than 270 days after 
the date of enactment of this Act, the Administrator shall 
provide a report to the Committee on Science, Space, and 
Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
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Senate on the solicitation and review required under sub-
section (b). 
SEC. 
717. 
USE 
OF 
OPERATIONAL 
COMMERCIAL 
SUB-
ORBITAL VEHICLES FOR RESEARCH, DEVEL-
OPMENT, AND EDUCATION. 
(a) POLICY.—The Administrator shall develop a pol-
icy on the use of operational commercial reusable sub-
orbital flight vehicles for carrying out scientific and engi-
neering investigations and educational activities. 
(b) PLAN.—The Administrator shall prepare a plan 
on the Administration’s use of operational commercial re-
usable suborbital flight vehicles for carrying out scientific 
and engineering investigations and educational activities. 
The plan shall— 
(1) describe the purposes for which the Admin-
istration intends to use such vehicles; 
(2) describe the processes required to support 
such use, including the criteria used to determine 
which scientific and engineering investigations and 
educational activities are selected for a suborbital 
flight; 
(3) describe Administration, space flight oper-
ator, and supporting contractor responsibilities for 
developing standard payload interfaces and con-
ducting payload safety analyses, payload integration 
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and processing, payload operations, and safety as-
surance for Administration-sponsored space flight 
participants, among other functions required to fly 
Administration-sponsored payloads and space flight 
participants on operational commercial suborbital ve-
hicles; 
(4) identify Administration-provided hardware, 
software, or services that may be provided to com-
mercial reusable suborbital space flight operators on 
a cost-reimbursable basis, through agreements or 
contracts entered into under section 20113(e) of 
title 51, United States Code; and 
(5) describe the United States Government and 
space flight operator responsibilities for liability and 
indemnification with respect to commercial sub-
orbital vehicle flights that involve Administration- 
sponsored payloads or activities, Administration-sup-
ported space flight participants, or other Adminis-
tration-related contributions. 
(c) ASSESSMENT OF CAPABILITIES AND RISKS.—The 
Administrator shall assess and characterize the potential 
capabilities and performance of commercial reusable sub-
orbital vehicles for addressing scientific research, includ-
ing research requiring access to low-gravity and micro-
gravity environments, for carrying out technology dem-
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onstrations related to science, exploration, or space oper-
ations requirements, and for providing opportunities for 
educating and training space scientists and engineers, 
once those vehicles become operational. The assessment 
shall also characterize the risks of using potential commer-
cial reusable suborbital flights to Administration-spon-
sored researchers and scientific investigations and flight 
hardware. 
(d) TRANSMITTAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall 
transmit the plan and assessment described in subsections 
(b) and (c) 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. 
(e) ANNUAL PROGRESS REPORTS.—In conjunction 
with the Administration’s annual budget request justifica-
tion for each fiscal year, the Administrator shall transmit 
a report 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 
describing progress in carrying out the Commercial Reus-
able Suborbital Research Program, including the number 
and type of suborbital missions planned in each fiscal 
year. 
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(f) INDEMNIFICATION AND LIABILITY.—The Admin-
istrator shall not proceed with a request for proposals, 
award any contract, commit any United States Govern-
ment funds, or enter into any other agreement for the pro-
vision of a commercial reusable suborbital vehicle launch 
service for an Administration-sponsored spaceflight partic-
ipant until transmittal of the plan and assessment speci-
fied in subsections (b) and (c), the liability issues associ-
ated with the use of such systems by the United States 
Government have been addressed, and the liability and in-
demnification provisions that are planned to be included 
in such contracts or agreements have been provided 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. 
SEC. 718. FUNDAMENTAL SPACE LIFE AND PHYSICAL 
SCIENCES RESEARCH. 
(a) SENSE OF CONGRESS.—It the sense of Congress 
that fundamental, discovery-based space life and physical 
sciences research is critical for enabling space exploration, 
protecting humans in space, and providing societal bene-
fits, and that the space environment facilitates the ad-
vancement of understanding of the life sciences and phys-
ical sciences. Space life and physical science research con-
tributes to advancing science, technology, engineering, and 
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