51 U.S.C. § 20145 — Lease of non-excess property

Page 41 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20145 appropriated or committed in writing by a private source. (4) NOTICE TO COMMITTEES FOR PRIZE GREATER THAN $50,000,000.—No prize competition under this section may offer a prize in an amount greater than $50,000,000 unless 30 days have elapsed after written notice has been trans- mitted to the Committee on Science and Tech- nology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (5) APPROVAL OF ADMINISTRATOR FOR PRIZE GREATER THAN $1,000,000.—No prize competition under this section may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator. (j) USE OF ADMINISTRATION NAME OR INSIG- NIA.—A registered participant in a competition under this section may use the Administration’s name, initials, or insignia only after prior re- view and written approval by the Administra- tion. (k) COMPLIANCE WITH EXISTING LAW.—The Fed- eral Government shall not, by virtue of offering or providing a prize under this section, be re- sponsible for compliance by registered partici- pants in a prize competition with Federal law, including licensing, export control, and non-pro- liferation laws, and related regulations. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3350; Pub. L. 111–358, title I, § 105(b), Jan. 4, 2011, 124 Stat. 3993.) AMENDMENT NOT SHOWN IN TEXT This section was derived from section 2459f–1 of Title 42, The Public Health and Welfare, which was amended by Pub. L. 111–358, title I, § 105(b), Jan. 4, 2011, 124 Stat. 3993. For applica- bility of this amendment to this section, see sec- tion 5(b) of Pub. L. 111–314, set out as a Transi- tional and Savings Provisions note preceding section 10101 of this title. Former section 2459f–1 of Title 42 was amended by striking out ‘‘The Administration may carry out a program to award prizes only in conformity with this sec- tion.’’ HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20144 .......... 42 U.S.C. 2459f–1. Pub. L. 85–568, title III, § 314, as added Pub. L. 109–155, title I, § 104, Dec. 30, 2005, 119 Stat. 2910; Pub. L. 110–422, title XI, § 1105(b), Oct. 15, 2008, 122 Stat. 4809. In subsection (i)(2), subparagraph (A) is added, and the words ‘‘provisions known as the Anti-Deficiency Act’’ are substituted for ‘‘the Anti-Deficiency Act (31 U.S.C. 1341)’’, for clarity. In subsection (i)(4), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Reso- lution No. 6 (110th Congress, January 5, 2007). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. AVAILABILITY OF FUNDS Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160, provided that: ‘‘Funds for any announced prize oth- erwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548. Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 138. Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270. Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2419. Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123. Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431. PURPOSE Pub. L. 110–422, title XI, § 1105(a), Oct. 15, 2008, 122 Stat. 4809, provided that: ‘‘Prizes can play a useful role in encouraging innovation in the development of tech- nologies and products that can assist NASA [National Aeronautics and Space Administration] in its aero- nautics and space activities, and the use of such prizes by NASA should be encouraged.’’ § 20145. Lease of non-excess property (a) IN GENERAL.—The Administrator may enter into a lease under this section with any person or entity (including another department or agency of the Federal Government or an enti- ty of a State or local government) with regard to any non-excess real property and related per- sonal property under the jurisdiction of the Ad- ministrator. (b) CASH CONSIDERATION.— (1) FAIR MARKET VALUE.—(A) A person or en- tity entering into a lease under this section shall provide cash consideration for the lease at fair market value as determined by the Ad- ministrator. (B) Notwithstanding subparagraph (A), the Administrator may accept in-kind consider- ation for leases entered into for the purpose of developing renewable energy production facili- ties. (2) UTILIZATION.— (A) IN GENERAL.—The Administrator may utilize amounts of cash consideration re- ceived under this subsection for a lease en- tered into under this section to cover the full costs to the Administration in connec- tion with the lease. These funds shall remain available until expended. (B) CAPITAL REVITALIZATION AND IMPROVE- MENTS.—Of any amounts of cash consider- ation received under this subsection that are not utilized in accordance with subpara- graph (A)— (i) 35 percent shall be deposited in a cap- ital asset account to be established by the Administrator, shall be available for main- tenance, capital revitalization, and im- provements of the real property assets and related personal property under the juris- diction of the Administrator, and shall re- main available until expended; and Page 42 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20145 (ii) the remaining 65 percent shall be available to the respective center or facil- ity of the Administration engaged in the lease of nonexcess real property, and shall remain available until expended for main- tenance, capital revitalization, and im- provements of the real property assets and related personal property at the respective center or facility subject to the concur- rence of the Administrator. (C) NO UTILIZATION FOR DAILY OPERATING COSTS.—Amounts utilized under subpara- graph (B) may not be utilized for daily oper- ating costs. (c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may require such terms and con- ditions in connection with a lease under this section as the Administrator considers appro- priate to protect the interests of the United States. (d) RELATIONSHIP TO OTHER LEASE AUTHOR- ITY.—The authority under this section to lease property of the Administration is in addition to any other authority to lease property of the Ad- ministration under law. (e) LEASE RESTRICTIONS.— (1) NO LEASE BACK OR OTHER CONTRACT.—The Administration is not authorized to lease back property under this section during the term of the out-lease or enter into other contracts with the lessee respecting the property. (2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE IMPACT ON MISSION.—The Ad- ministration is not authorized to enter into an out-lease under this section unless the Admin- istrator certifies that the out-lease will not have a negative impact on the mission of the Administration. (f) REPORTING REQUIREMENTS.—The Adminis- trator shall submit an annual report by January 31st of each year. The report shall include the following: (1) VALUE OF ARRANGEMENTS AND EXPENDI- TURES OF REVENUES.—Information that identi- fies and quantifies the value of the arrange- ments and expenditures of revenues received under this section. (2) AVAILABILITY AND USE OF FUNDS FOR OPER- ATING PLAN.—The availability and use of funds received under this section for the Adminis- tration’s operating plan. (3) ANNUAL AND CUMULATIVE NUMBER OF LEASES.—The annual and cumulative number of leases entered into under this section, by National Aeronautics and Space Administra- tion center and facility. (4) ESTIMATED COST SAVINGS.—For each ac- tive lease agreement under this section, the estimated cost savings to the Administration resulting from reduced maintenance, oper- ating, and associated costs in the previous fis- cal year. (5) OTHER QUANTIFIABLE BENEFITS.—Other quantifiable benefits, including additional cost savings not included under paragraph (4), to the Administration resulting from the use of leases under this section. (g) REPORT ON ENHANCED-USE LEASING RE- QUIREMENTS.—Not later than 270 days after the date of the enactment of the National Aero- nautics and Space Administration Authoriza- tion Act of 2022, the Administrator shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Tech- nology of the House of Representatives a report on existing requirements for applicants seeking a lease under this section, including— (1) any requirement related to the involve- ment of foreign entities, foreign entity owner- ship, and foreign entity investment; and (2) at the discretion of the Administrator, any other requirement related to the protec- tion and security of Administration missions and facilities. (h) SUNSET.—The authority to enter into leases under this section shall expire December 31, 2032. The expiration under this subsection of authority to enter into leases under this section shall not affect the validity or term of leases or the Administration’s retention of proceeds from leases entered into under this section before the expiration of the authority. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3352; Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 626; Pub. L. 115–10, title VIII, § 832, Mar. 21, 2017, 131 Stat. 67; Pub. L. 115–403, § 2, Dec. 31, 2018, 132 Stat. 5348; Pub. L. 116–94, div. I, title VI, § 602, Dec. 20, 2019, 133 Stat. 3028; Pub. L. 117–103, div. HH, title II, § 203, Mar. 15, 2022, 136 Stat. 1113; Pub. L. 117–167, div. B, title VII, § 10862, Aug. 9, 2022, 136 Stat. 1756.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20145 .......... 42 U.S.C. 2459j. Pub. L. 85–568, title III, § 315, as added Pub. L. 108–7, div. K, title IV, § 418, Feb. 20, 2003, 117 Stat. 525; Pub. L. 110–161, div. B, title V, § 533(a)–(e), Dec. 26, 2007, 121 Stat. 1931; Pub. L. 110–422, title XI, § 1117(c), (d), Oct. 15, 2008, 122 Stat. 4814. In subsection (f)(2), the word ‘‘Administration’s’’ is substituted for ‘‘Agency’s’’ for clarity. In subsection (g), the words ‘‘10 years after December 26, 2007’’ are substituted for ‘‘on the date that is ten years after the date of the enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2008’’ for consistency and to reflect the date of enactment of the Commerce, Justice, Science, and Re- lated Agencies Appropriations Act, 2008 (Public Law 110–161, div. B, 121 Stat. 1884). Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Aero- nautics and Space Administration Authorization Act of 2022, referred to in subsec. (g), is the date of enactment of title VII of div. B of Pub. L. 117–167, which was ap- proved Aug. 9, 2022. AMENDMENTS 2022—Subsec. (f)(3) to (5). Pub. L. 117–167, § 10862(b), added pars. (3) to (5). Subsec. (g). Pub. L. 117–167, § 10862(c)(2), added subsec. (g). Former subsec. (g) redesignated (h). Pub. L. 117–167, § 10862(a), substituted ‘‘December 31, 2032’’ for ‘‘December 31, 2022’’. Page 43 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20147 Pub. L. 117–103 substituted ‘‘December 31, 2022’’ for ‘‘December 31, 2021’’. Subsec. (h). Pub. L. 117–167, § 10862(c)(1), redesignated subsec. (g) as (h). 2019—Subsec. (g). Pub. L. 116–94 substituted ‘‘Decem- ber 31, 2021’’ for ‘‘December 31, 2019’’. 2018—Subsec. (g). Pub. L. 115–403 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (g). Pub. L. 115–10 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘10 years after December 26, 2007’’. 2011—Subsec. (b)(1). Pub. L. 112–55 designated existing provisions as subpar. (A) and added subpar. (B). Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 117–103, div. HH, title II, § 202, Mar. 15, 2022, 136 Stat. 1113, provided that: ‘‘Congress finds the following: ‘‘(1) NASA uses enhanced-use leasing to enter into agreements with private sector entities, State and local governments, academic institutions, and other Federal agencies for lease of non-excess, underuti- lized NASA properties and facilities. ‘‘(2) NASA uses enhanced-use leasing authority to support responsible management of its real property, including to improve the use of underutilized prop- erty for activities that are compatible with NASA’s mission and to reduce facility operating and mainte- nance costs. ‘‘(3) In fiscal year 2019, under its enhanced-use lease authority, NASA leased 65 real properties. ‘‘(4) In fiscal year 2019, NASA’s use of enhanced-use leasing resulted in the collection of $10,843,025.77 in net revenue. ‘‘(5) In fiscal year 2019, NASA used a portion of its enhanced-use leasing revenues for repairs of facility control systems such as lighting and heating, ventila- tion, and air conditioning. ‘‘(6) NASA’s use of enhanced-use leasing authority can contribute to reducing the rate of increase of the Agency’s overall deferred maintenance cost.’’ DEPOSIT OF PROCEEDS Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 263, provided in part: ‘‘That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 (see 51 U.S.C. 20145), all proceeds from leases en- tered into under that section shall be deposited into this account [funds appropriated under the headings ‘NATIONAL AERONAUTICS AND SPACE ADMINISTRATION’ and ‘CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION’ of title III of div. B of Pub. L. 113–6]: Provided further, That such proceeds shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts’’. Similar provisions were contained in the following appropriation acts: Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160. Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548. Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 137. Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270. Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418. Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123. Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431. Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214. Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2317. Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203. Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72. Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625. Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144. § 20146. Retrocession of jurisdiction (a) DEFINITION OF STATE.—In this section, the term ‘‘State’’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (b) RELINQUISHING LEGISLATIVE JURISDICTION.— Notwithstanding any other provision of law, the Administrator may relinquish to a State all or part of the legislative jurisdiction of the United States over lands or interests under the control of the Administrator in that State. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3353.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20146 .......... 42 U.S.C. 2459k. Pub. L. 85–568, title III, § 316, as added Pub. L. 109–155, title VII, § 701, Dec. 30, 2005, 119 Stat. 2935. § 20147. Recovery and disposition authority (a) DEFINITIONS.—In this section: (1) ADMINISTRATION HUMAN SPACE FLIGHT VE- HICLE.—The term ‘‘Administration human space flight vehicle’’ means a space vehicle, as defined in section 20138(a) of this title, that— (A) is intended to transport one or more persons; (B) is designed to operate in outer space; and (C) is either— (i) owned by the Administration; or (ii) owned by an Administration con- tractor or cooperating party and operated as part of an Administration mission or a joint mission with the Administration. (2) CREWMEMBER.—The term ‘‘crewmember’’ means an astronaut or other person assigned to an Administration human space flight vehi- cle. (b) CONTROL OF REMAINS.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), when there is an accident or mishap resulting in the death of a crewmember of an Administration human space flight vehicle, the Administrator may take control over the remains of the crewmember and order autop- sies and other scientific or medical tests. (2) TREATMENT.—Each crewmember shall provide the Administrator with the crew- member’s preferences regarding the treatment accorded to the crewmember’s remains and the Administrator shall, to the extent pos- sible, respect those stated preferences. (3) CONSTRUCTION.—This section shall not be construed to permit the Administrator to interfere with any Federal investigation of a mishap or accident. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3353.)