51 U.S.C. § 20144 — Prize authority

Page 39 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20144 equipment, fabrication, and acquisition costs, if any such contract limits the amount of the pay- ments that the Government is allowed to make under such contract to amounts provided in ad- vance in appropriation Acts. Such contracts may be limited to sources within the United States when the Administrator determines that such limitation is in the public interest. (b) TERMINATION IF FUNDS NOT AVAILABLE.—If funds are not available to continue any such contract, the contract shall be terminated for the convenience of the Government, and the costs of such contract shall be paid from appro- priations originally available for performance of the contract, from other unobligated appropria- tions currently available for the procurement of launch services, or from funds appropriated for such payments. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3348.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20142 .......... 42 U.S.C. 2459c. Pub. L. 85–568, title III, § 312, formerly § 311, as added Pub. L. 100–147, title I, § 117, Oct. 30, 1987, 101 Stat. 867; renumbered § 312, Pub. L. 106–391, title III, § 324(a)(1), Oct. 30, 2000, 114 Stat. 1599. In subsection (a), the word ‘‘expendable’’ is sub- stituted for ‘‘expendabe’’ to correct an error in the law. § 20143. Full cost appropriations account struc- ture (a) ACCOUNTS FOR APPROPRIATIONS.— (1) DESIGNATION OF 3 ACCOUNTS.—Appropria- tions for the Administration shall be made in 3 accounts, ‘‘Science, Aeronautics, and Edu- cation’’, ‘‘Exploration Systems and Space Op- erations’’, and an account for amounts appro- priated for the necessary expenses of the Of- fice of the Inspector General. (2) REPROGRAMMING.—Within the Explo- ration Systems and Space Operations account, no more than 10 percent of the funds for a fis- cal year for Exploration Systems may be re- programmed for Space Operations, and no more than 10 percent of the funds for a fiscal year for Space Operations may be repro- grammed for Exploration Systems. This para- graph shall not apply to reprogramming for the purposes described in subsection (b)(2). (3) AVAILABILITY.—Appropriations shall re- main available for 2 fiscal years, unless other- wise specified in law. Each account shall in- clude the planned full costs of Administration activities. (b) TRANSFERS AMONG ACCOUNTS.— (1) IN GENERAL.—To ensure the safe, timely, and successful accomplishment of Administra- tion missions, the Administration may trans- fer among accounts as necessary, amounts for— (A) Federal salaries and benefits; (B) training, travel, and awards; (C) facility and related costs; (D) information technology services; (E) publishing services; (F) science, engineering, fabricating, and testing services; and (G) other administrative services. (2) DISASTER, ACT OF TERRORISM, EMERGENCY RESCUE.—The Administration may also trans- fer amounts among accounts for the imme- diate costs of recovering from damage caused by a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) or by an act of terrorism, or for the immediate costs associated with an emergency rescue of astronauts. (c) TRANSFER OF UNEXPIRED BALANCES.—The unexpired balances of prior appropriations to the Administration for activities authorized under this chapter may be transferred to the new account established for such activity in subsection (a). Balances so transferred may be merged with funds in the newly established ac- count and thereafter may be accounted for as one fund under the same terms and conditions. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3349.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20143 .......... 42 U.S.C. 2459f. Pub. L. 85–568, title III, § 313, formerly § 312, as added Pub. L. 106–377, § 1(a)(1) [title IV, § 431], Oct. 27, 2000, 114 Stat. 1441, 1441A–56; renumbered § 313 and amended, Pub. L. 108–199, div. G, title IV, § 417, Jan. 23, 2004, 118 Stat. 415; Pub. L. 108–447, div. I, title IV, § 417, Dec. 8, 2004, 118 Stat. 3339; Pub. L. 109–155, title II, § 201, Dec. 30, 2005, 119 Stat. 2915. In subsection (a)(1), the words ‘‘for fiscal year 2007 and thereafter’’ are omitted as unnecessary. Statutory Notes and Related Subsidiaries NOTICE OF REPROGRAMMING OR REORGANIZATION Pub. L. 106–391, title III, § 311, Oct. 30, 2000, 114 Stat. 1594, provided that: ‘‘(a) NOTICE OF REPROGRAMMING.—If any funds author- ized by this Act [see Tables for classification] are sub- ject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Com- mittee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transpor- tation of the Senate. ‘‘(b) NOTICE OF REORGANIZATION.—The Administrator [of the National Aeronautics and Space Administra- tion] shall provide notice to the Committees on Science [now Science, Space, and Technology] and Appropria- tions of the House of Representatives, and the Commit- tees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days be- fore any major reorganization of any program, project, or activity of the National Aeronautics and Space Ad- ministration.’’ § 20144. Prize authority (a) IN GENERAL.—The Administration may carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the poten- tial for application to the performance of the Page 40 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20144 space and aeronautical activities of the Admin- istration. The Administration may carry out a program to award prizes only in conformity with this section. (b) TOPICS.—In selecting topics for prize com- petitions, the Administrator shall consult wide- ly both within and outside the Federal Govern- ment, and may empanel advisory committees. The Administrator shall give consideration to prize goals such as the demonstration of the ability to provide energy to the lunar surface from space-based solar power systems, dem- onstration of innovative near-Earth object sur- vey and deflection strategies, and innovative ap- proaches to improving the safety and efficiency of aviation systems. (c) ADVERTISING.—The Administrator shall widely advertise prize competitions to encour- age participation. (d) REQUIREMENTS AND REGISTRATION.—For each prize competition, the Administrator shall publish a notice in the Federal Register an- nouncing the subject of the competition, the rules for being eligible to participate in the competition, the amount of the prize, and the basis on which a winner will be selected. (e) ELIGIBILITY.—To be eligible to win a prize under this section, an individual or entity— (1) shall have registered to participate in the competition pursuant to any rules promul- gated by the Administrator under subsection (d); (2) shall have complied with all the require- ments under this section; (3) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or per- manent resident of the United States; and (4) shall not be a Federal entity or Federal employee acting within the scope of their em- ployment. (f) LIABILITY.— (1) ASSUMPTION OF RISK.—Registered partici- pants must agree to assume any and all risks and waive claims against the Federal Govern- ment and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequen- tial, arising from their participation in a com- petition, whether such injury, death, damage, or loss arises through negligence or otherwise. For the purposes of this paragraph, the term ‘‘related entity’’ means a contractor or sub- contractor at any tier, and a supplier, user, customer, cooperating party, grantee, investi- gator, or detailee. (2) LIABILITY INSURANCE.—Participants must obtain liability insurance or demonstrate fi- nancial responsibility, in amounts determined by the Administrator, for claims by— (A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to indemnify the Federal Govern- ment against third party claims for damages arising from or related to competition ac- tivities; and (B) the Federal Government for damage or loss to Government property resulting from such an activity. (g) JUDGES.—For each competition, the Ad- ministration, either directly or through an agreement under subsection (h), shall assemble a panel of qualified judges to select the winner or winners of the prize competition on the basis described pursuant to subsection (d). Judges for each competition shall include individuals from outside the Administration, including from the private sector. A judge may not— (1) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or (2) have a familial or financial relationship with an individual who is a registered partici- pant. (h) ADMINISTERING THE COMPETITION.—The Ad- ministrator may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section. (i) FUNDING.— (1) SOURCES.—Prizes under this section may consist of Federal appropriated funds and funds provided by the private sector for such cash prizes. The Administrator may accept funds from other Federal agencies for such cash prizes. The Administrator may not give any special consideration to any private sec- tor entity in return for a donation. (2) AVAILABILITY.— (A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-DEFICIENCY ACT.—In this paragraph, the term ‘‘provisions known as the Anti-De- ficiency Act’’ means sections 1341, 1342, 1349(a), 1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, and 1519 of title 31. (B) IN GENERAL.—Notwithstanding any other provision of law, funds appropriated for prize awards under this section shall re- main available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation or payment of funds in violation of the pro- visions known as the Anti-Deficiency Act. (3) APPROPRIATION OR COMMITMENT OF FUNDS REQUIRED BEFORE ANNOUNCEMENT OF PRIZE OR INCREASE.— (A) IN GENERAL.—No prize may be an- nounced under subsection (d) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by a private source. (B) INCREASE.—The Administrator may in- crease the amount of a prize after an initial announcement is made under subsection (d) if— (i) notice of the increase is provided in the same manner as the initial notice of the prize; and (ii) the funds needed to pay out the an- nounced amount of the increase have been 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