US Codex
Pub. L.
Notes

Title VIII — Maximizing Efficiency

115th Congress · Approved Mar 21, 2017 · 131 Stat. 18

TITLE VIII Maximizing Efficiency

Subtitle A Agency Information Technology and Cybersecurity

SEC. 811. Information Technology Governance.

(a)
In General.— The Administrator shall, in a manner that reflects the unique nature of NASA’s mission and expertise—
(1)
ensure the NASA Chief Information Officer, Mission Directorates, and Centers have appropriate roles in the management, governance, and oversight processes related to information technology operations and investments and information security programs for the protection of NASA systems;
(2)
ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee NASA information technology and information security operations and investments;
(3)
provide an information technology program management framework to increase the efficiency and effectiveness of information technology investments, including relying on metrics for identifying and reducing potential duplication, waste, and cost;
(4)
improve the operational linkage between the NASA Chief Information Officer and each NASA mission directorate, center, and mission support office to ensure both agency and mission needs are considered in agency-wide information technology and information security management and oversight;
(5)
review the portfolio of information technology investments and spending, including information technology-related investments included as part of activities within NASA mission directorates that may not be considered information technology, to ensure investments are recognized and reported appropriately based on guidance from the Office of Management and Budget;
(6)
consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions; and
(7)
consider whether the NASA Chief Information Officer should have a seat on any boards or councils described in paragraph (6).
(b)
GAO Study.—
(1)
Study.— The Comptroller General of the United States shall conduct a study of the effectiveness of the Administration’s Information Technology Governance in ensuring information technology resources are aligned with agency missions and are cost effective and secure.
(2)
Contents.— The study shall include an assessment of—
(A)
the resources available for overseeing Administration-wide information technology operations, investments, and security measures and the NASA Chief Information Officer’s visibility and involvement into information technology oversight and access to those resources;
(B)
the effectiveness and challenges of the Administration’s information technology structure, decision making processes and authorities, including impacts on its ability to implement information security; and
(C)
the impact of NASA Chief Information Officer approval authority over information technology investments that exceed a defined monetary threshold, including any potential impacts of such authority on the Administration’s missions, flights programs and projects, research activities, and Center operations.
(3)
Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report detailing the results of the study under paragraph (1), including any recommendations.

SEC. 812. Information Technology Strategic Plan.

(a)
In General.— Subject to subsection (b), the Administrator shall develop an information technology strategic plan to guide NASA information technology management and strategic objectives.
(b)
Requirements.— In developing the strategic plan, the Administrator shall ensure that the strategic plan addresses—
(1)
the deadline under section 306(a) of title 5, United States Code; and
(2)
the requirements under section 3506 of title 44, United States Code.
(c)
Contents.— The strategic plan shall address, in a manner that reflects the unique nature of NASA’s mission and expertise—
(1)
near and long-term goals and objectives for leveraging information technology;
(2)
a plan for how NASA will submit to Congress of a list of information technology projects, including completion dates and risk level in accordance with guidance from the Office of Management and Budget;
(3)
an implementation overview for an agency-wide approach to information technology investments and operations, including reducing barriers to cross-center collaboration;
(4)
coordination by the NASA Chief Information Officer with centers and mission directorates to ensure that information technology policies are effectively and efficiently implemented across the agency;
(5)
a plan to increase the efficiency and effectiveness of information technology investments, including a description of how unnecessarily duplicative, wasteful, legacy, or outdated information technology across NASA will be identified and eliminated, and a schedule for the identification and elimination of such information technology;
(6)
a plan for improving the information security of agency information and agency information systems, including improving security control assessments and role-based security training of employees; and
(7)
submission by NASA to Congress of information regarding high risk projects and cybersecurity risks.
(d)
Congressional Oversight.— The Administrator shall submit to the appropriate committees of Congress the strategic plan under subsection (a) and any updates thereto.

SEC. 813. Cybersecurity.

(a)
Finding.— Congress finds that the security of NASA information and information systems is vital to the success of the mission of the agency.
(b)
Information Security Plan.—
(1)
In general.— Not later than 1 year after the date of enactment of this Act, the Administrator shall implement the information security plan developed under paragraph (2) and take such further actions as the Administrator considers necessary to improve the information security system in accordance with this section.
(2)
Information security plan.— Subject to paragraphs (3) and (4), the Administrator shall develop an agency-wide information security plan to enhance information security for NASA information and information infrastructure.
(3)
Requirements.— In developing the plan under paragraph (2), the Administrator shall ensure that the plan—
(A)
reflects the unique nature of NASA’s mission and expertise;
(B)
is informed by policies, standards, guidelines, and directives on information security required for Federal agencies;
(C)
is consistent with the standards and guidelines under section 11331 of title 40, United States Code; and
(D)
meets applicable National Institute of Standards and Technology information security standards and guidelines.
(4)
Contents.— The plan shall address—
(A)
an overview of the requirements of the information security system;
(B)
an agency-wide risk management framework for information security;
(C)
a description of the information security system management controls and common controls that are necessary to ensure compliance with information security-related requirements;
(D)
an identification and assignment of roles, responsibilities, and management commitment for information security at the agency;
(E)
coordination among organizational entities, including between each center, facility, mission directorate, and mission support office, and among agency entities responsible for different aspects of information security;
(F)
the need to protect the information security of mission-critical systems and activities and high-impact and moderate-impact information systems; and
(G)
a schedule of frequent reviews and updates, as necessary, of the plan.

SEC. 814. Security Management of Foreign National Access.

The Administrator shall notify the appropriate committees of Congress when the agency has implemented the information technology security recommendations from the National Academy of Public Administration on foreign national access management, based on reports from January 2014 and March 2016.

SEC. 815. Cybersecurity of Web Applications.

Not later than 180 days after the date of enactment of this Act, the Administrator shall, in a manner that reflects the unique nature of NASA’s mission and expertise—
(1)
develop a plan, including such actions and milestones as are necessary, to fully remediate security vulnerabilities of NASA web applications within a timely fashion after discovery; and
(2)
provide an update on its plan to implement the recommendation from the NASA Inspector General in the audit report dated July 10, 2014, (IG–14–023) to remove from the Internet or otherwise secure all NASA web applications in development or testing mode.

Subtitle B Collaboration Among Mission Directorates and Other Matters

SEC. 821. Collaboration Among Mission Directorates.

The Administrator shall encourage an interdisciplinary approach among all NASA mission directorates and divisions, whenever appropriate, for projects or missions—
(1)
to improve coordination, and encourage collaboration and early planning on scope;
(2)
to determine areas of overlap or alignment;
(3)
to find ways to leverage across divisional perspectives to maximize outcomes; and
(4)
to be more efficient with resources and funds.

SEC. 822. Nasa Launch Capabilities Collaboration.

(a)
Findings.— Congress makes the following findings:
(1)
The Launch Services Program is responsible for the acquisition, management, and technical oversight of commercial launch services for NASA’s science and robotic missions.
(2)
The Commercial Crew Program is responsible for the acquisition, management, and technical oversight of commercial crew transportation systems.
(3)
The Launch Services Program and Commercial Crew Program have worked together to gain exceptional technical insight into the contracted launch service providers that are common to both programs.
(4)
The Launch Services Program has a long history of oversight of 12 different launch vehicles and over 80 launches.
(5)
Co-location of the Launch Services Program and Commercial Crew Program has enabled the Commercial Crew Program to efficiently obtain the launch vehicle technical expertise of and provide engineering and analytical support to the Commercial Crew Program.
(b)
Sense of Congress.— It is the sense of Congress that—
(1)
the Launch Services Program and Commercial Crew Program each benefit from communication and coordination of launch manifests, technical information, and common launch vehicle insight between the programs; and
(2)
such communication and coordination is enabled by the co-location of the programs.
(c)
In General.— The Administrator shall pursue a strategy for acquisition of crewed transportation services and non-crewed launch services that continues to enhance communication, collaboration, and coordination between the Launch Services Program and the Commercial Crew Program.

SEC. 823. Detection and Avoidance of Counterfeit Parts.

(a)
Findings.— Congress makes the following findings:
(1)
A 2012 investigation by the Committee on Armed Services of the Senate of counterfeit electronic parts in the Department of Defense supply chain from 2009 through 2010 uncovered 1,800 cases and over 1,000,000 counterfeit parts and exposed the threat such counterfeit parts pose to service members and national security.
(2)
Since 2010, the Comptroller General of the United States has identified in 3 separate reports the risks and challenges associated with counterfeit parts and counterfeit prevention at both the Department of Defense and NASA, including inconsistent definitions of counterfeit parts, poorly targeted quality control practices, and potential barriers to improvements to these practices.
(b)
Sense of Congress.— It is the sense of Congress that the presence of counterfeit electronic parts in the NASA supply chain poses a danger to United States government astronauts, crew, and other personnel and a risk to the agency overall.
(c)
Regulations.—
(1)
In general.— Not later than 270 days after the date of enactment of this Act, the Administrator shall revise the NASA Supplement to the Federal Acquisition Regulation to improve the detection and avoidance of counterfeit electronic parts in the supply chain.
(2)
Contractor responsibilities.— In revising the regulations under paragraph (1), the Administrator shall—
(A)
require each covered contractor—
(i)
to detect and avoid the use or inclusion of any counterfeit parts in electronic parts or products that contain electronic parts;
(ii)
to take such corrective actions as the Administrator considers necessary to remedy the use or inclusion described in clause (i); and
(iii)
including a subcontractor, to notify the applicable NASA contracting officer not later than 30 calendar days after the date the covered contractor becomes aware, or has reason to suspect, that any end item, component, part or material contained in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit electronic part; and
(B)
prohibit the cost of counterfeit electronic parts, suspect counterfeit electronic parts, and any corrective action described under subparagraph (A)(ii) from being included as allowable costs under agency contracts, unless—
(i)
(I)
the covered contractor has an operational system to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts that has been reviewed and approved by NASA or the Department of Defense; and
(II)
the covered contractor has provided the notice under subparagraph (A)(iii); or
(ii)
the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the covered contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation.
(3)
Suppliers of electronic parts.— In revising the regulations under paragraph (1), the Administrator shall—
(A)
require NASA and covered contractors, including subcontractors, at all tiers—
(i)
to obtain electronic parts that are in production or currently available in stock from—
(I)
the original manufacturers of the parts or their authorized dealers; or
(II)
suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers; and
(ii)
to obtain electronic parts that are not in production or currently available in stock from suppliers that meet qualification requirements established under subparagraph (C);
(B)
establish documented requirements consistent with published industry standards or Government contract requirements for—
(i)
notification of the agency; and
(ii)
inspection, testing, and authentication of electronic parts that NASA or a covered contractor, including a subcontractor, obtains from any source other than a source described in subparagraph (A);
(C)
establish qualification requirements, consistent with the requirements of section 2319 of title 10, United States Code, pursuant to which NASA may identify suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and
(D)
authorize a covered contractor, including a subcontractor, to identify and use additional suppliers beyond those identified under subparagraph (C) if—
(i)
the standards and processes for identifying such suppliers comply with established industry standards;
(ii)
the covered contractor assumes responsibility for the authenticity of parts provided by such suppliers under paragraph (2); and
(iii)
the selection of such suppliers is subject to review and audit by NASA.
(d)
Definitions.— In this section:
(1)
Covered contractor.— The term “covered contractor” means a contractor that supplies an electronic part, or a product that contains an electronic part, to NASA.
(2)
Electronic part.— The term “electronic part” means a discrete electronic component, including a microcircuit, transistor, capacitor, resistor, or diode, that is intended for use in a safety or mission critical application.

SEC. 824. Education and Outreach.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
United States competitiveness in the 21st century requires engaging the science, technology, engineering, and mathematics (referred to in this section as “STEM”) talent in all States;
(2)
the Administration is uniquely positioned to educate and inspire students and the broader public on STEM subjects and careers;
(3)
the Administration’s Education and Communication Offices, Mission Directorates, and Centers have been effective in delivering educational content because of the strong engagement of Administration scientists and engineers in the Administration’s education and outreach activities;
(4)
the Administration’s education and outreach programs, including the Experimental Program to Stimulate Competitive Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration’s successful commitment to growing and diversifying the national science and engineering workforce; and
(5)
in order to grow and diversify the Nation’s engineering workforce, it is vital for the Administration to bolster programs, such as High Schools United with NASA to Create Hardware (HUNCH) program, that conduct outreach activities to underserved rural communities, vocational schools, and tribal colleges and universities and encourage new participation in the STEM workforce.
(b)
Continuation of Education and Outreach Activities and Programs.—
(1)
In general.— The Administrator shall continue engagement with the public and education opportunities for students via all the Administration’s mission directorates to the maximum extent practicable.
(2)
Report.— Not later than 60 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the Administration’s near-term outreach plans for advancing space law education.

SEC. 825. Leveraging Commercial Satellite Servicing Capabilities Across Mission Directorates.

(a)
Findings.— Congress makes the following findings:
(1)
Refueling and relocating aging satellites to extend their operational lifetimes is a capacity that NASA will substantially benefit from and is important for lowering the costs of ongoing scientific, national security, and commercial satellite operations.
(2)
The technologies involved in satellite servicing, such as dexterous robotic arms, propellant transfer systems, and solar electric propulsion, are all critical capabilities to support a human exploration mission to Mars.
(b)
Sense of Congress.— It is the sense of Congress that—
(1)
satellite servicing is a vital capability that will bolster the capacity and affordability of NASA’s ongoing scientific and human exploration operations while simultaneously enhancing the ability of domestic companies to compete in the global marketplace; and
(2)
future NASA satellites and spacecraft across mission directorates should be constructed in a manner that allows for servicing in order to maximize operational longevity and affordability.
(c)
Leveraging of Capabilities.— The Administrator shall—
(1)
identify orbital assets in both the Science Mission Directorate and the Human Exploration and Operations Mission Directorate that could benefit from satellite servicing-related technologies; and
(2)
work across all NASA mission directorates to evaluate opportunities for the private sector to perform such services or advance technical capabilities by leveraging the technologies and techniques developed by NASA programs and other industry programs.

SEC. 826. Flight Opportunities.

(a)
Development of Payloads.—
(1)
In general.— In order to conduct necessary research, the Administrator shall continue and, as the Administrator considers appropriate, expand the development of technology payloads for—
(A)
scientific research; and
(B)
investigating new or improved capabilities.
(2)
Funds.— For the purpose of carrying out paragraph (1), the Administrator shall make funds available for—
(A)
flight testing;
(B)
payload development; and
(C)
hardware related to subparagraphs (A) and (B).
(b)
Reaffirmation of Policy.— Congress reaffirms that the Administrator should provide flight opportunities for payloads to microgravity environments and suborbital altitudes as authorized by section 907 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18405).

SEC. 827. Sense of Congress on Small Class Launch Missions.

It is the sense of Congress that—
(1)
Venture Class Launch Services contracts awarded under the Launch Services Program will expand opportunities for future dedicated launches of CubeSats and other small satellites and small orbital science missions; and
(2)
principal investigator-led small orbital science missions, including CubeSat class, Small Explorer (SMEX) class, and Venture class, offer valuable opportunities to advance science at low cost, train the next generation of scientists and engineers, and enable participants to acquire skills in systems engineering and systems integration that are critical to maintaining the Nation’s leadership in space and to enhancing United States innovation and competitiveness abroad.

SEC. 828. Baseline and Cost Controls.

Section 30104(a)(1) of title 51, United States Code, is amended by striking “ Procedural Requirements 7120.5c, dated March 22, 2005” and inserting “ Procedural Requirements 7120.5E, dated August 14, 2012”.

SEC. 830. Avoiding Organizational Conflicts of Interest in Major Administration Acquisition 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 organizational conflicts of interest by contractors in major acquisition programs in order to address the elements identified in subsection (b).
(b)
Elements.— The revised regulations under 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 performing systems engineering and technical assistance 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 contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for software integration or the development of a proprietary software system architecture; or
(D)
the performance by, or assistance of, contractors in technical evaluations on major acquisition programs;
(2)
require the Administration to request advice on systems architecture and systems engineering matters with respect to major acquisition programs 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 contractor or a major subcontractor in the development of a system under the program; and
(4)
establish such limited exceptions to the requirement in paragraphs (2) and (3) as the Administrator considers necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering matters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and unbiased.

SEC. 831. Protection of Apollo Landing Sites.

(a)
Assessment.— The Director of the Office of Science and Technology Policy, in consultation with relevant Federal agencies and stakeholders, shall assess the issues relating to protecting and preserving historically important Apollo Program lunar landing sites and Apollo program artifacts residing on the lunar surface, including those pertaining to Apollo 11 and Apollo 17.
(b)
Contents.— In conducting the assessment, the Director shall include—
(1)
a determination of what risks to the protection and preservation of those sites and artifacts exist or may exist in the future;
(2)
a determination of what measures are required to ensure such protection and preservation;
(3)
a determination of the extent to which additional domestic legislation or international treaties or agreements will be required; and
(4)
specific recommendations for protecting and preserving those lunar landing sites and artifacts.
(c)
Report.— Not later than 1 year after the date of enactment of this Act, the Director shall submit to the appropriate committees of Congress the results of the assessment.

SEC. 833. Termination Liability.

It is the sense of Congress that—
(1)
the ISS, the Space Launch System, and the Orion will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space;
(2)
the James Webb Space Telescope will revolutionize our understanding of star and planet formation and how galaxies evolved, and will advance the search for the origins of our universe;
(3)
as a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments;
(4)
contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience;
(5)
as a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs;
(6)
according to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them;
(7)
in fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders, a termination rate of about 0.17 percent; and
(8)
the Administration should vigorously pursue 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. 834. Independent Reviews.

Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing—
(1)
the Administration’s procedures for conducting independent reviews of projects and programs at lifecycle milestones;
(2)
how the Administration ensures the independence of the individuals who conduct those reviews prior to their assignment;
(3)
the internal and external entities independent of project and program management that conduct reviews of projects and programs at life cycle milestones; and
(4)
how the Administration ensures the independence of such entities and their members.

SEC. 835. Nasa Advisory Council.

(a)
Assessment.— The Administrator shall enter into an arrangement with the National Academy of Public Administration 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)
the qualifications for members of the Council;
(4)
the duration of terms of office for members of the Council;
(5)
the frequency of meetings of the Council;
(6)
the structure of leadership and Committees of the Council; and
(7)
the levels of professional staffing for the Council.
(b)
Considerations.— In carrying out the assessment under subsection (a), the National Academy of Public Administration shall—
(1)
consider the impacts of broadening the Council’s role to include providing consultation and advice to Congress under section 20113(g) of title 51, United States Code;
(2)
consider the past activities of the Council and the activities of other analogous Federal advisory bodies; and
(3)
any other issues that the National Academy of Public Administration determines could potentially impact the effectiveness of the Council.
(c)
Report.— The National Academy of Public Administration shall submit to the appropriate committees of Congress the results of the assessment, including any recommendations.
(d)
Consultation and Advice.—
(1)
In general.— Section 20113(g) of title 51, United States Code, is amended by inserting “ and Congress” after “ advice to the Administration”.
(2)
Sunset.— Effective September 30, 2017, section 20113(g) of title 51, United States Code, is amended by striking “ and Congress”.

SEC. 836. Cost Estimation.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
realistic cost estimating is critically important to the ultimate success of major space development projects; and
(2)
the Administration has devoted significant efforts over the past 5 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 its acquisition programs and projects, in a manner consistent with the Administration’s Space Flight Program and Project Management Requirements—
(1)
guidance on when to use an Independent Cost Estimate and Independent Cost Assessment; and
(2)
criteria to use to make a determination under paragraph (1).

SEC. 837. Facilities and Infrastructure.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
the Administration must address, mitigate, and reverse, where possible, the deterioration of its facilities and infrastructure, as their condition is hampering the effectiveness and efficiency of research performed by both the Administration and industry participants making use of Administration facilities, thus harming the competitiveness of the United States aerospace industry;
(2)
the Administration has a role in providing laboratory capabilities to industry participants that are not economically viable as commercial entities and thus are not available elsewhere;
(3)
to ensure continued access to reliable and efficient world-class facilities by researchers, the Administration should establish strategic partnerships with other Federal agencies, State agencies, FAA-licensed spaceports, institutions of higher education, 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 Administration and other needs, including those required to meet the activities supporting the human exploration roadmap under section 432 of this Act, considering other national laboratory needs as the Administrator deems appropriate.
(b)
Policy.— It is the policy of the United States that the Administration maintain reliable and efficient facilities and infrastructure and that decisions on whether to dispose of, maintain, or modernize existing facilities or infrastructure be made in the context of meeting future Administration needs.
(c)
Plan.—
(1)
In general.— The Administrator shall develop a facilities and infrastructure plan.
(2)
Goal.— The goal of the plan is to position the Administration to have the facilities and infrastructure, including laboratories, tools, and approaches, necessary to meet future Administration and other Federal agencies’ laboratory needs.
(3)
Contents.— The plan shall identify—
(A)
current Administration and other Federal agency laboratory needs;
(B)
future Administration research and development and testing needs;
(C)
a strategy for identifying facilities and infrastructure that are candidates for disposal, that is consistent with the national strategic direction set forth in—
(i)
the National Space Policy;
(ii)
the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;
(iii)
the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895), National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779), and National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and
(iv)
the human exploration roadmap under section 432 of this Act;
(D)
a strategy for the maintenance, repair, upgrading, and modernization of Administration facilities and infrastructure, including laboratories and equipment;
(E)
criteria for—
(i)
prioritizing deferred maintenance tasks;
(ii)
maintaining, repairing, upgrading, or modernizing Administration facilities and infrastructure; and
(iii)
implementing processes, plans, and policies for guiding the Administration’s Centers on whether to maintain, repair, upgrade, or modernize a facility or infrastructure and for determining the type of instrument to be used;
(F)
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; and
(G)
implementation steps, including a timeline, milestones, and an estimate of resources required for carrying out the plan.
(d)
Requirement To Establish Policy.—
(1)
In general.— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish and make publicly available a policy that guides the Administration’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.
(2)
Criteria.— The policy shall include criteria for the use of authorities, best practices, standardized procedures, and guidelines for how to appropriately manage property, facilities, and infrastructure.
(e)
Submission to Congress.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (c).

SEC. 838. Human Space Flight Accident Investigations.

Section 70702 of title 51, United States Code, is amended—
(1)
by amending subsection (a)(3) to read as follows:

“(3) any other orbital or suborbital space vehicle carrying humans that is—

“(A) owned by the Federal Government; or

“(B) being used pursuant to a contract or Space Act Agreement with the Federal Government for carrying a government astronaut or a researcher funded by the Federal Government; or”

; and

(2)
by adding at the end the following:

“(c) Definitions.—In this section:

“(1) Government astronaut.—The term ‘government astronaut’ has the meaning given the term in section 50902.

“(2) Space act agreement.—The term ‘Space Act Agreement’ means an agreement entered into by the Administration pursuant to its other transactions authority under section 20113(e).”

SEC. 839. Orbital Debris.

(a)
Findings.— Congress finds that—
(1)
orbital debris poses serious risks to the operational space capabilities of the United States;
(2)
an international commitment and integrated strategic plan are needed to mitigate the growth of orbital debris wherever possible; and
(3)
the delay in the Office of Science and Technology Policy’s submission of a report on the status of international coordination and development of orbital debris mitigation strategies is inconsistent with such risks.
(b)
Reports.—
(1)
Coordination.— Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the status of efforts to coordinate with foreign countries within the Inter-Agency Space Debris Coordination Committee to mitigate the effects and growth of orbital debris under section 1202(b)(1) of the National Aeronautics and Space Administration Authorization 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 Director of the Office of Science and Technology Policy shall submit to the appropriate committees of Congress 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. 840. Review of Orbital Debris Removal Concepts.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
orbital debris in low-Earth orbit poses significant risks to spacecraft;
(2)
such orbital debris may increase due to collisions between existing debris objects; and
(3)
understanding options to address and remove orbital debris is important for ensuring safe and effective spacecraft operations in low-Earth orbit.
(b)
Review.—
(1)
In general.— Not later than 270 days after the date of enactment of this Act, the Administrator—
(A)
in collaboration with the heads of other relevant Federal agencies, shall solicit and review concepts and options for removing orbital debris from low-Earth orbit; and
(B)
shall submit to the appropriate committees of Congress a report on the solicitation and review under subparagraph (A), including recommendations on the best options for decreasing the risks associated with orbital debris.
(2)
Requirements.— The solicitation and review under paragraph (1) shall address the requirements for and feasibility of developing and implementing each of the options.

SEC. 841. Space Act Agreements.

(a)
Sense of Congress.— It is the sense of Congress that, when used appropriately, Space Act Agreements can provide significant value in furtherance of NASA’s mission.
(b)
Funded Space Act Agreements.— To the extent appropriate, the Administrator shall seek to maximize the value of contributions provided by other parties under a funded Space Act Agreement in order to advance NASA’s mission.
(c)
Non-exclusivity.—
(1)
In general.— The Administrator shall, to the greatest extent practicable, issue each Space Act Agreement—
(A)
except as provided in paragraph (2), on a nonexclusive basis;
(B)
in a manner that ensures all non-government parties have equal access to NASA resources; and
(C)
exercising reasonable care not to reveal unique or proprietary information.
(2)
Exclusivity.— If the Administrator determines an exclusive arrangement is necessary, the Administrator shall, to the greatest extent practicable, issue the Space Act Agreement—
(A)
utilizing a competitive selection process when exclusive arrangements are necessary; and
(B)
pursuant to public announcements when exclusive arrangements are necessary.
(d)
Transparency.— The Administrator shall publicly disclose on the Administration’s website and make available in a searchable format each Space Act Agreement, including an estimate of committed NASA resources and the expected benefits to agency objectives for each agreement, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days after such agreement is signed by the parties.
(e)
Annual Reports.—
(1)
Requirement.— Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress a report on the use of Space Act Agreement authority by the Administration during 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, non-reimbursable, 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-Federal 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 include a list of all anticipated reimbursable, non-reimbursable, and funded Space Act Agreements for the upcoming fiscal year.
(4)
Cumulative program benefits.— The report shall include, with respect to each Space Act Agreement covered by the report, a summary of—
(A)
the technology areas in which research projects were conducted under that agreement;
(B)
the extent to which the use of that agreement—
(i)
has contributed to a broadening of the technology and industrial base available 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 under that agreement.