§2459j. Enhanced-use lease of real property demonstration
(a) In general
Notwithstanding any other provision of law, 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 entity of a State or local government) with regard to any real property under the jurisdiction of the Administrator at no more than two (2) National Aeronautics and Space Administration (NASA) centers.
(b) Consideration
(1) A person or entity entering into a lease under this section shall provide consideration for the lease at fair market value as determined by the Administrator, except that in the case of a lease to another department or agency of the Federal Government, that department or agency shall provide consideration for the lease equal to the full costs to NASA in connection with the lease.
(2) Consideration under this subsection may take one or a combination of the following forms-
(A) the payment of cash;
(B) the maintenance, construction, modification or improvement of facilities on real property under the jurisdiction of the Administrator;
(C) the provision of services to NASA, including launch services and payload processing services; or
(D) use by NASA of facilities on the property.
(3)(A) The Administrator may utilize amounts of cash consideration received under this subsection for a lease entered into under this section to cover the full costs to NASA in connection with the lease. These funds shall remain available until expended.
(B) Any amounts of cash consideration received under this subsection that are not utilized in accordance with subparagraph (A) shall be deposited in a capital asset account to be established by the Administrator, shall be available for maintenance, capital revitalization, and improvements of the real property assets of the centers selected for this demonstration program, and shall remain available until expended.
(c) Additional terms and conditions
The Administrator may require such terms and conditions in connection with a lease under this section as the Administrator considers appropriate to protect the interests of the United States.
(d) Relationship to other lease authority
The authority under this section to lease property of NASA is in addition to any other authority to lease property of NASA under law.
(e) Lease restrictions
NASA 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.
(f) Plan and reporting requirements
At least 15 days prior to the Administrator entering into the first lease under this section, the Administrator shall submit a plan to the Congress on NASA's proposed implementation of this demonstration. The Administrator shall submit an annual report by January 31st of each year regarding the status of the demonstration.
(
Amendment of Section
(1) in section catchline, by substituting "Lease of non-excess property" for "Enhanced-use lease of real property demonstration";
(2) in subsection (a), by substituting "The Administrator" for "Notwithstanding any other provision of law, the Administrator" and "any non-excess real property and related personal property" for "any real property", and by striking "at no more than two (2) National Aeronautics and Space Administration (NASA) centers";
(3) in subsection (b)(1), by substituting "cash consideration for the lease at fair market value as determined by the Administrator." for "consideration" and all that follows through the end of the paragraph;
(4) by striking subsection (b)(2) and by redesignating subsection (b)(3) as (b)(2);
(5) in subsection (b)(2)(B), by substituting "capital revitalization and construction projects and improvements of real property assets and related personal property under the jurisdiction of the Administrator" for "maintenance" and all that follows through "centers selected for this demonstration program";
(6) by adding at the end of subsection (b)(2) the following new subparagraph:
"(C) Amounts utilized under subparagraph (B) may not be utilized for daily operating costs.";
(7) in subsection (e), by inserting "(1)" before "NASA" and by adding at the end the following new paragraph:
"(2) NASA is not authorized to enter into an out-lease under this section unless the Administrator certifies that such out-lease will not have a negative impact on NASA's mission.";
(8) by adding at the end the following new subsection (f):
"(f) Sunset
"The authority to enter into leases under this section shall expire on the date that is ten years after December 26, 2007. The expiration under this subsection of authority to enter into leases under this section shall not affect the validity or term of leases or NASA's retention of proceeds from leases entered into under this section before the date of the expiration of such authority."
Effective Date of 2007 Amendment