124 STAT. 2821 PUBLIC LAW 111–267—OCT. 11, 2010 rating processes and requirements to guide the design of commercially-developed crew transportation capabilities, which requirements shall be at least equivalent to proven require- ments for crew transportation in use as of the date of the enactment of this Act. (2) COMMERCIAL MARKET ASSESSMENT.—Not later than 180 days after the date of the enactment of this Act, the Adminis- trator shall submit to the appropriate committees of Congress an assessment, conducted, in coordination with the Federal Aviation Administration’s Office of Commercial Space Transpor- tation, for purposes of this paragraph, of the potential non- Government market for commercially-developed crew and cargo transportation systems and capabilities, including an assess- ment of the activities associated with potential private sector utilization of the ISS research and technology development capabilities and other potential activities in low-Earth orbit. (3) PROCUREMENT SYSTEM REVIEW.—The Administrator shall review current Government procurement and acquisition practices and processes, including agreement authorities under the National Aeronautics and Space Act of 1958, to determine the most cost-effective means of procuring commercial crew transportation capabilities and related services in a manner that ensures appropriate accountability, transparency, and maximum efficiency in the procurement of such capabilities and services, which review shall include an identification of proposed measures to address risk management and means of indemnification of commercial providers of such capabilities and services, and measures for quality control, safety oversight, and the application of Federal oversight processes within the jurisdiction of other Federal agencies. A description of the pro- posed procurement process and justification of the proposed procurement for its selection shall be included in any proposed initiation of procurement activity for commercially-developed crew transportation capabilities and services and shall be sub- ject to review by the appropriate committees of Congress before the initiation of any competitive process to procure such capabilities or services. In support of the review by such committees, the Comptroller General shall undertake an assess- ment of the proposed procurement process and provide a report to the appropriate committees of Congress within 90 days after the date on which the Administrator provides the description and justification to such committees. (4) USE OF GOVERNMENT-SUPPLIED CAPABILITIES AND INFRA- STRUCTURE.—In evaluating any proposed development activity for commercially-developed crew or cargo launch capabilities, the Administrator shall identify the anticipated contribution of government personnel, expertise, technologies, and infra- structure to be utilized in support of design, development, or operations of such capabilities. This assessment shall include a clear delineation of the full requirements for the commercial crew service (including the contingency for crew rescue). The Administrator shall include details and associated costs of such support as part of any proposed development initiative for the procurement of commercially-developed crew or cargo launch capabilities or services. Reports. Deadline. Deadline.
