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

(a) In General. The Administrator^* may lease NASA's non-excess real property — land or buildings NASA still needs but is not fully using — and related personal property to any person or entity, including another federal agency or a state or local government.

(b) Cash Consideration. (1) Fair market value: whoever leases the property must pay cash at fair market value, as the Administrator decides. The one exception is that for leases meant to build renewable energy production facilities, the Administrator may accept payment in-kind, meaning goods or services, instead of cash. (2) Using the money: NASA can use the lease payments to cover the full cost of running the lease, and that money stays available until spent. Whatever money is left over after covering those costs gets split: 35% goes into a capital asset account for maintaining, upgrading, and improving NASA's real property and equipment generally, also available until spent; the remaining 65% goes to the specific NASA center or facility that leased out the property, for the same kinds of upgrades there, subject to the Administrator's approval. None of this leftover money can be used for everyday operating costs.

(c) Additional Terms and Conditions. The Administrator can add whatever other lease terms are needed to protect the government's interests.

(d) Relationship to Other Lease Authority. This leasing power is on top of, not a replacement for, any other legal authority NASA has to lease its property.

(e) Lease Restrictions. (1) No leasing back: NASA cannot lease the property back from the tenant during the lease term, or make other contracts with the tenant about that same property. (2) Must not hurt NASA's mission: NASA cannot enter a lease unless the Administrator certifies it will not hurt NASA's mission.

(f) Reporting Requirements. Every year, by January 31, the Administrator must send a report covering: (1) the value of lease deals and revenue earned; (2) how NASA is using that revenue in its operating plan; (3) how many leases were signed that year and in total, by NASA center and facility; (4) for each active lease, the estimated cost savings from lower maintenance and operating costs the year before; and (5) any other measurable benefits to NASA beyond those cost savings.

(g) Report on Enhanced-Use Leasing Requirements. Within 270 days after the National Aeronautics and Space Administration^* Authorization Act of 2022 became law, the Administrator had to send Congress — the Senate Commerce Committee and House Science Committee — a report on the existing rules for lease applicants, covering (1) any rules about foreign ownership, investment, or involvement, and (2) at the Administrator's discretion, any other rules protecting NASA's missions and facilities.

(h) Sunset. NASA's authority to sign new leases under this section ends December 31, 2032. That expiration does not cancel or shorten leases already in place, and NASA keeps the money from leases it signed before the authority expired.