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graph, the term ‘‘related entity’’ means a contractor or subcontractor 
at any tier, and a supplier, user, customer, cooperating party, grantee, 
investigator, or detailee. 
(2) LIABILITY INSURANCE.—Participants must obtain liability insur-
ance or demonstrate financial 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 Government against third party claims for damages 
arising from or related to competition activities; and 
(B) the Federal Government for damage or loss to Government 
property resulting from such an activity. 
(g) JUDGES.—For each competition, the Administration, either directly or 
through an agreement under subsection (h), shall assemble a panel of quali-
fied 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 participant. 
(h) ADMINISTERING THE COMPETITION.—The Administrator 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 ap-
propriated funds and funds provided by the private sector for such cash 
prizes. The Administrator may accept funds from other Federal agen-
cies for such cash prizes. The Administrator may not give any special 
consideration to any private sector entity in return for a donation. 
(2) AVAILABILITY.— 
(A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-DEFI-
CIENCY ACT.—In this paragraph, the term ‘‘provisions known as 
the Anti-Deficiency Act’’ means sections 1341, 1342, 1349(a), 
1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 
and 1519 of title 31. 
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(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, repro-
grammed, 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 obli-
gation or payment of funds in violation of the provisions 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 announced under sub-
section (d) until all the funds needed to pay out the announced 
amount of the prize have been appropriated or committed in writ-
ing by a private source. 
(B) INCREASE.—The Administrator may increase 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 announced amount of 
the increase have been 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 transmitted to the Committee on Science 
and Technology 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 INSIGNIA.—A registered partici-
pant in a competition under this section may use the Administration’s 
name, initials, or insignia only after prior review and written approval by 
the Administration. 
(k) COMPLIANCE WITH EXISTING LAW.—The Federal Government shall 
not, by virtue of offering or providing a prize under this section, be respon-
sible for compliance by registered participants in a prize competition with 
Federal law, including licensing, export control, and non-proliferation laws, 
and related regulations. 
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§ 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 entity of a State or local government) with 
regard to any non-excess real property and related personal property under 
the jurisdiction of the Administrator. 
(b) CASH CONSIDERATION.— 
(1) FAIR MARKET VALUE.—A person or entity entering into a lease 
under this section shall provide cash consideration for the lease at fair 
market value as determined by the Administrator. 
(2) UTILIZATION.— 
(A) IN GENERAL.—The Administrator may utilize amounts of 
cash consideration received under this subsection for a lease en-
tered into under this section to cover the full costs to the Adminis-
tration in connection with the lease. These funds shall remain 
available until expended. 
(B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of any 
amounts of cash consideration received under this subsection that 
are not utilized in accordance with subparagraph (A)— 
(i) 35 percent 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 and related personal property under the 
jurisdiction of the Administrator, and shall remain available 
until expended; and 
(ii) the remaining 65 percent shall be available to the re-
spective center or facility of the Administration engaged in 
the lease of nonexcess real property, and shall remain avail-
able until expended for maintenance, capital revitalization, 
and improvements of the real property assets and related per-
sonal property at the respective center or facility subject to 
the concurrence of the Administrator. 
(C) NO UTILIZATION FOR DAILY OPERATING COSTS.—Amounts 
utilized under subparagraph (B) may not be utilized for daily op-
erating costs. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may re-
quire such terms and conditions in connection with a lease under this sec-
tion as the Administrator considers appropriate to protect the interests of 
the United States. 
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(d) RELATIONSHIP TO OTHER LEASE AUTHORITY.—The authority under 
this section to lease property of the Administration is in addition to any 
other authority to lease property of the Administration 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 re-
specting the property. 
(2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE IM-
PACT ON MISSION.—The Administration is not authorized to enter into 
an out-lease under this section unless the Administrator certifies that 
the out-lease will not have a negative impact on the mission of the Ad-
ministration. 
(f) REPORTING REQUIREMENTS.—The Administrator shall submit an an-
nual report by January 31st of each year. The report shall include the fol-
lowing: 
(1) VALUE
OF
ARRANGEMENTS
AND
EXPENDITURES
OF
REVE-
NUES.—Information that identifies and quantifies the value of the ar-
rangements and expenditures of revenues received under this section. 
(2) AVAILABILITY AND USE OF FUNDS FOR OPERATING PLAN.—The 
availability and use of funds received under this section for the Admin-
istration’s operating plan. 
(g) SUNSET.—The authority to enter into leases under this section shall 
expire 10 years after December 26, 2007. The expiration under this sub-
section 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 au-
thority. 
§ 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 North-
ern 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 inter-
ests under the control of the Administrator in that State. 
§ 20147. Recovery and disposition authority 
(a) DEFINITIONS.—In this section: 
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(1) ADMINISTRATION HUMAN SPACE FLIGHT VEHICLE.—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 contractor 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 autopsies and 
other scientific or medical tests. 
(2) TREATMENT.—Each crewmember shall provide the Adminis-
trator with the crewmember’s preferences regarding the treatment ac-
corded to the crewmember’s remains and the Administrator shall, to 
the extent possible, respect those stated preferences. 
(3) CONSTRUCTION.—This section shall not be construed to permit 
the Administrator to interfere with any Federal investigation of a mis-
hap or accident. 
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 
§ 20161. Congressional declaration of purpose and policy 
(a) PURPOSE.—The purpose of this subchapter is to authorize and direct 
the Administration to develop and carry out a comprehensive program of 
research, technology, and monitoring of the phenomena of the upper atmos-
phere so as to provide for an understanding of and to maintain the chemical 
and physical integrity of the Earth’s upper atmosphere. 
(b) POLICY.—Congress declares that it is the policy of the United States 
to undertake an immediate and appropriate research, technology, and moni-
toring program that will provide for understanding the physics and chem-
istry of the Earth’s upper atmosphere. 
§ 20162. Definition of upper atmosphere 
In this subchapter, the term ‘‘upper atmosphere’’ means that portion of 
the Earth’s sensible atmosphere above the troposphere. 
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§ 20163. Program authorized 
(a) IN GENERAL.—In order to carry out the purposes of this subchapter, 
the Administration, in cooperation with other Federal agencies, shall initiate 
and carry out a program of research, technology, monitoring, and other ap-
propriate activities directed to understand the physics and chemistry of the 
upper atmosphere. 
(b) ACTIVITIES.—In carrying out the provisions of this subchapter, the 
Administration shall— 
(1) arrange for participation by the scientific and engineering com-
munity, of both the Nation’s industrial organizations and institutions 
of higher education, in planning and carrying out appropriate research, 
in developing necessary technology, and in making necessary observa-
tions and measurements; 
(2) provide, by way of grant, contract, scholarships, or other ar-
rangements, to the maximum extent practicable and consistent with 
other laws, for the widest practicable and appropriate participation of 
the scientific and engineering community in the program authorized by 
this subchapter; and 
(3) make all results of the program authorized by this subchapter 
available to the appropriate regulatory agencies and provide for the 
widest practicable dissemination of such results. 
§ 20164. International cooperation 
In carrying out the provisions of this subchapter, the Administration, sub-
ject to the direction of the President and after consultation with the Sec-
retary of State, shall make every effort to enlist the support and cooperation 
of appropriate scientists and engineers of other countries and international 
organizations. 
CHAPTER 203—RESPONSIBILITIES AND VISION 
Sec. 
20301.
General responsibilities. 
20302.
Vision for space exploration. 
20303.
Contribution to innovation. 
20304.
Basic research enhancement. 
20305.
National Academies decadal surveys. 
§ 20301. General responsibilities 
(a) PROGRAMS.—The Administrator shall ensure that the Administration 
carries out a balanced set of programs that shall include, at a minimum, 
programs in— 
(1) human space flight, in accordance with section 20302 of this 
title; 
(2) aeronautics research and development; and 
(3) scientific research, which shall include, at a minimum— 
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(A) robotic missions to study the Moon and other planets and 
their moons, and to deepen understanding of astronomy, astro-
physics, and other areas of science that can be productively stud-
ied from space; 
(B) Earth science research and research on the Sun-Earth con-
nection through the development and operation of research sat-
ellites and other means; 
(C) support of university research in space science, Earth 
science, and microgravity science; and 
(D) research on microgravity, including research that is not di-
rectly related to human exploration. 
(b) CONSULTATION AND COORDINATION.—In carrying out the programs 
of the Administration, the Administrator shall— 
(1) consult and coordinate to the extent appropriate with other rel-
evant Federal agencies, including through the National Science and 
Technology Council; 
(2) work closely with the private sector, including by— 
(A) encouraging the work of entrepreneurs who are seeking to 
develop new means to launch satellites, crew, or cargo; 
(B) contracting with the private sector for crew and cargo serv-
ices, including to the International Space Station, to the extent 
practicable; 
(C) using commercially available products (including software) 
and services to the extent practicable to support all Administration 
activities; and 
(D) encouraging commercial use and development of space to 
the greatest extent practicable; and 
(3) involve other nations to the extent appropriate. 
§ 20302. Vision for space exploration 
(a) IN GENERAL.—The Administrator shall establish a program to de-
velop a sustained human presence on the Moon, including a robust pre-
cursor program, to promote exploration, science, commerce, and United 
States preeminence in space, and as a stepping-stone to future exploration 
of Mars and other destinations. The Administrator is further authorized to 
develop and conduct appropriate international collaborations in pursuit of 
these goals. 
(b) MILESTONES.—The Administrator shall manage human space flight 
programs to strive to achieve the following milestones (in conformity with 
section 70502 of this title): 
(1) Returning Americans to the Moon no later than 2020. 
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(2) Launching the Crew Exploration Vehicle as close to 2010 as pos-
sible. 
(3) Increasing knowledge of the impacts of long duration stays in 
space on the human body using the most appropriate facilities avail-
able, including the International Space Station. 
(4) Enabling humans to land on and return from Mars and other 
destinations on a timetable that is technically and fiscally possible. 
§ 20303. Contribution to innovation 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The Administration 
shall be a full participant in any interagency effort to promote innovation 
and economic competitiveness through near-term and long-term basic sci-
entific research and development and the promotion of science, technology, 
engineering, and mathematics education, consistent with the Administra-
tion’s mission, including authorized activities. 
(b) HISTORIC FOUNDATION.—In order to carry out the participation de-
scribed in subsection (a), the Administrator shall build on the historic role 
of the Administration in stimulating excellence in the advancement of phys-
ical science and engineering disciplines and in providing opportunities and 
incentives for the pursuit of academic studies in science, technology, engi-
neering, and mathematics. 
(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEV-
ELS.—The balanced science program authorized by section 101(d) of the 
National Aeronautics and Space Administration Authorization Act of 2005 
(42 U.S.C. 16611(d)) shall be an element of the contribution by the Admin-
istration to the interagency programs. 
(d) ANNUAL REPORT.— 
(1) REQUIREMENT.—The Administrator shall submit to Congress 
and the President an annual report describing the activities conducted 
pursuant to this section, including a description of the goals and the 
objective metrics upon which funding decisions were made. 
(2) CONTENT.—Each report submitted pursuant to paragraph (1) 
shall include, with regard to science, technology, engineering, and 
mathematics education programs, at a minimum, the following: 
(A) A description of each program. 
(B) The amount spent on each program. 
(C) The number of students or teachers served by each pro-
gram. 
§ 20304. Basic research enhancement 
(a) DEFINITION OF BASIC RESEARCH.—In this section, the term ‘‘basic 
research’’ has the meaning given the term in Office of Management and 
Budget Circular No. A–11. 
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(b) COORDINATION.—The Administrator, the Director of the National 
Science Foundation, the Secretary of Energy, the Secretary of Defense, and 
the Secretary of Commerce shall, to the extent practicable, coordinate basic 
research activities related to physical sciences, technology, engineering, and 
mathematics. 
§ 20305. National Academies decadal surveys 
(a) IN GENERAL.—The Administrator shall enter into agreements on a 
periodic basis with the National Academies for independent assessments, 
also known as decadal surveys, to take stock of the status and opportunities 
for Earth and space science discipline fields and Aeronautics research and 
to recommend priorities for research and programmatic areas over the next 
decade. 
(b) INDEPENDENT COST ESTIMATES.—The agreements described in sub-
section (a) shall include independent estimates of the life cycle costs and 
technical readiness of missions assessed in the decadal surveys whenever 
possible. 
(c) REEXAMINATION.—The Administrator shall request that each Na-
tional Academies decadal survey committee identify any conditions or 
events, such as significant cost growth or scientific or technological ad-
vances, that would warrant the Administration asking the National Acad-
emies to reexamine the priorities that the decadal survey had established. 
Subtitle III—Administrative Provisions 
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 
ACCOUNTING 
Sec. 
30101.
Prior authorization of appropriations required. 
30102.
Working capital fund. 
30103.
Budgets. 
30104.
Baselines and cost controls. 
§ 30101. Prior authorization of appropriations required 
Notwithstanding the provisions of any other law, no appropriation may 
be made to the Administration unless previously authorized by legislation 
enacted by Congress. 
§ 30102. Working capital fund 
(a) ESTABLISHMENT.—There is hereby established in the United States 
Treasury an Administration working capital fund. 
(b) AVAILABILITY OF AMOUNTS.— 
(1) IN GENERAL.—Amounts in the fund are available for financing 
activities, services, equipment, information, and facilities as authorized 
by law to be provided— 
(A) within the Administration; 
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