42 U.S.C. § 18442 — Reports on program and cost assessment

Page 9163 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18442 1 See References in Text note below. for cause on charges of misconduct, delinquency, or inefficiency. (Pub. L. 111–267, title XI, § 1105, Oct. 11, 2010, 124 Stat. 2840.) Editorial Notes REFERENCES IN TEXT Section 1103, referred to in text, is Pub. L. 111–267, title XI, § 1103, Oct. 11, 2010, 124 Stat. 2840, which is not classified to the Code. This Act, referred to in text, is Pub. L. 111–267, Oct. 11, 2010, 124 Stat. 2805, known as the National Aero- nautics and Space Administration Authorization Act of 2010, which enacted this chapter (§ 18301 et seq.) and various other provisions, including provisions author- izing appropriations, which were not classified to the Code. For complete classification of this Act to the Code, see Short Title note set out under section 18301 of this title and Tables. SUBCHAPTER XI—OTHER MATTERS § 18441. National and international orbital debris mitigation (a) Findings Congress makes the following findings: (1) A national and international effort is needed to develop a coordinated approach to- wards the prevention, negation, and removal of orbital debris. (2) The guidelines issued by the Inter-Agen- cy Space Debris Coordination Committee pro- vide a consensus understanding of 10 national space agencies (including NASA) plus the Eu- ropean Space Agency on the necessity of miti- gating the creation of space debris and meas- ures for doing so. NASA’s participation on the Committee should be robust, and NASA should urge other space-relevant Federal agencies (in- cluding the Departments of State, Defense, and Commerce) to work to ensure that their counterpart agencies in foreign governments are aware of these national commitments and the importance in which the United States holds them. (3) Key components of such an approach should include— (A) a process for debris prevention through agreements regarding spacecraft design, op- erations, and end-of-life disposition plans to minimize orbiting vehicles or elements which are nonfunctional; (B) the development of a robust Space Sit- uational Awareness network that can iden- tify potential collisions and provide suffi- cient trajectory and orbital data to enable avoidance maneuvers; (C) the interagency development of an overall strategy for review by the President, with recommendations for proposed inter- national collaborative efforts to address this challenge. (b) International discussion (1) In general The Administrator shall, in consultation with such other departments and agencies of the Federal Government as the Administrator considers appropriate, continue and strength- en discussions with the representatives of other space-faring countries, within the Inter- Agency Space Debris Coordination Committee and elsewhere, to deal with this orbital debris mitigation. (2) Interagency effort For purposes of carrying out this subsection, the Director of OSTP, in coordination with the Director of the National Security Council and using the President’s Council of Advisors on Science and Technology coordinating mecha- nism, shall develop an overall strategy for re- view by the President, with recommendations for proposed international collaborative ef- forts to address this challenge. (Pub. L. 111–267, title XII, § 1202, Oct. 11, 2010, 124 Stat. 2841.) § 18442. Reports on program and cost assessment and control assessment (a) Findings Congress makes the following findings: (1) The adherence of NASA to program cost and schedule targets and discipline across NASA programs remains a concern. (2) The James Webb Space Telescope has ex- ceeded its cost estimate. (3) In 2007 the Government Accountability Office issued a report on NASA’s high risk ac- quisition performance. (4) In response, NASA prepared a corrective action plan two years ago. (b) Reports (1) Reports required Not later than 90 days after October 11, 2010, and not later than April 30 of each year there- after, the Administrator shall submit to the appropriate committees of Congress a report on the implementation during the preceding year for the corrective action plan referred to in subsection (a)(4). (2) Elements Each report under this subsection shall set forth, for the year covered by such report, the following: (A) A description of each NASA program that has exceeded its cost baseline by 15 per- cent or more or is more than 2 years behind its projected development schedule. (B) For each program specified under sub- paragraph (A), a plan for such decrease in scope or requirements, or other measures, to be undertaken to control cost and schedule, including any cost monitoring or corrective actions undertaken pursuant to the National Aeronautics and Space Administration Au- thorization Act of 2005 (Public Law 109–155),1 and the amendments made by that Act. (Pub. L. 111–267, title XII, § 1203, Oct. 11, 2010, 124 Stat. 2841.) Editorial Notes REFERENCES IN TEXT The National Aeronautics and Space Administration Authorization Act of 2005, referred to in subsec. Page 9164 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18443 (b)(2)(B), is Pub. L. 109–155, Dec. 30, 2005, 119 Stat. 2895, which was classified principally to chapter 150 (§ 16601 et seq.) of this title and was substantially repealed and restated in chapters 305 (§ 30501 et seq.), 401 (§ 40101 et seq.), 603 (§ 60301 et seq.) and 707 (§ 70701 et seq.) and sec- tions 20301, 20302, 30103(a), (b), 30104, 30306, 30703, 30704, 30902, 31301, 31501, 40701, 40904 to 40909, 50505, 50116, 60505, 70501 to 70503, and 70902 to 70905 of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete classi- fication of this Act to the Code, see Short Title of 2005 Act note set out under section 10101 of Title 51 and Ta- bles. § 18443. Eligibility for service of individual cur- rently serving as Administrator of NASA The individual serving in the position of Ad- ministrator of the National Aeronautics and Space Administration as of October 11, 2010, comes from civilian life and is therefore eligible to serve in such position, in conformance with section 20111 of title 51. (Pub. L. 111–267, title XII, § 1204, Oct. 11, 2010, 124 Stat. 2842.) Editorial Notes CODIFICATION In text, ‘‘section 20111 of title 51’’ substituted for ‘‘section 202 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(a))’’ on authority of Pub. L. 111–314, § 5(e), Dec. 18, 2010, 124 Stat. 3443, which Act en- acted Title 51, National and Commercial Space Pro- grams. § 18444. Counterfeit parts (a) In general The Administrator shall plan, develop, and im- plement a program, in coordination with other Federal agencies, to detect, track, catalog, and reduce the number of counterfeit electronic parts in the NASA supply chain. (b) Requirements In carrying out the program, the Adminis- trator shall establish— (1) counterfeit part identification training for all employees that procure, process, dis- tribute, and install electronic parts that will— (A) teach employees how to identify coun- terfeit parts; (B) educate employees on procedures to follow if they suspect a part is counterfeit; (C) regularly update employees on new threats, identification techniques, and re- porting requirements; and (D) integrate industry associations, manu- facturers, suppliers, and other Federal agen- cies, as appropriate; (2) an internal database to track all sus- pected and confirmed counterfeit electronic parts that will maintain, at a minimum— (A) companies and individuals known and suspected of selling counterfeit parts; (B) parts known and suspected of being counterfeit, including lot and date codes, part numbers, and part images; (C) countries of origin; (D) sources of reporting; (E) United States Customs seizures; and (F) Government-Industry Data Exchange Program reports and other public or private sector database notifications; and (3) a mechanism to report all information on suspected and confirmed counterfeit elec- tronic parts to law enforcement agencies, in- dustry associations, and other databases, and to issue bulletins to industry on counterfeit electronic parts and related counterfeit activ- ity. (c) Review of procurement and acquisition pol- icy (1) In general In establishing the program, the Adminis- trator shall amend existing acquisition and procurement policy to purchase electronic parts from trusted or approved manufacturers. To determine trusted or approved manufactur- ers, the Administrator shall establish a list, assessed and adjusted at least annually, and create criteria for manufacturers to meet in order to be placed onto the list. (2) Criteria The criteria may include— (A) authentication or encryption codes; (B) embedded security markings in parts; (C) unique, harder to copy labels and markings; (D) identifying distinct lot and serial codes on external packaging; (E) radio frequency identification embed- ded into high-value parts; (F) physical destruction of all defective, damaged, and sub-standard parts that are by-products of the manufacturing process; (G) testing certifications; (H) maintenance of procedures for han- dling any counterfeit parts that slip through; (I) maintenance of secure facilities to pre- vent unauthorized access to proprietary in- formation; and (J) maintenance of product return, buy back, and inventory control practices that limit counterfeiting. (d) Report to Congress Within one year after October 11, 2010, the Ad- ministrator shall report on the progress of im- plementing this section to the appropriate com- mittees of Congress. (Pub. L. 111–267, title XII, § 1206, Oct. 11, 2010, 124 Stat. 2843.) § 18445. Information security (a) Monitoring risk (1) Update on system implementation Not later than 120 days after October 11, 2010, and on a biennial basis thereafter, the chief in- formation officer of NASA, in coordination with other national security agencies, shall provide to the appropriate committees of Con- gress— (A) an update on efforts to implement a system to provide dynamic, comprehensive, real-time information regarding risk of un- authorized remote, proximity, and insider use or access, for all information infrastruc- ture under the responsibility of the chief in- formation officer, and mission-related net- works, including contractor networks;