[Congressional Record Volume 167, Number 212 (Wednesday, December 8, 2021)]
[House]
[Pages H7470-H7472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NASA ENHANCED USE LEASING EXTENSION ACT OF 2021

  Mr. BEYER. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5746) to amend title 51, United States Code, to extend the 
authority of the National Aeronautics and Space Administration to enter 
into leases of non-excess property of the Administration, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5746

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``NASA Enhanced Use Leasing 
     Extension Act of 2021''.

     SEC. 2. FINDINGS.

       Congress find 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, underutilized 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 property for activities that 
     are compatible with NASA's mission and to reduce facility 
     operating and maintenance 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, ventilation, 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.

[[Page H7471]]

  


     SEC. 3. EXTENSION OF AUTHORITY TO ENTER INTO LEASES OF NON-
                   EXCESS PROPERTY OF THE NATIONAL AERONAUTICS AND 
                   SPACE ADMINISTRATION.

       Section 20145(g) of title 51, United States Code, is 
     amended by striking ``December 31, 2021'' and inserting 
     ``December 31, 2031''.

     SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Beyer) and the gentleman from Texas (Mr. Babin) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. BEYER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 5746, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. BEYER. Mr. Speaker I yield myself such time as I may consume.
  Mr. Speaker, I rise today to support passage of the bipartisan NASA 
Enhanced Use Leasing Extension Act of 2021, H.R. 5746.
  I want to thank my colleagues, Ranking Member Brian Babin of the 
Subcommittee on Space and Aeronautics, Representative Troy Carter, and 
Representative Young Kim, for being original cosponsors.
  Mr. Speaker, this is a commonsense bill that would enable public- and 
private-sector entities the opportunity to benefit from NASA property 
that is not fully used, while helping NASA manage its vast facilities 
and maintenance challenges.
  The act would extend NASA'S authority to enter into leases for 
underutilized, non-excess real property, including office space, 
testing and launch facilities, and hangars, to other Federal, State, 
and local government agencies, academic institutions, and private-
sector entities.
  NASA's existing enhanced use lease authority, or EUL, expires on the 
last day of this month, December 31, 2021.
  While several short-term extensions have previously been enacted, 
this act provides a clean, 10-year extension that will create more 
certainty for NASA and the many EUL partners who benefit from the 
authority. According to the July 2021 NASA testimony to the 
Subcommittee on Space and Aeronautics, that I chair and Dr. Babin is 
the ranking member of, the agency has 70 ongoing leases at six NASA 
centers.
  The authority also allows NASA to retain lease revenue and apply it 
toward maintenance, capital revitalization, and improvement of NASA's 
real property assets.
  That is important because with the majority of NASA's facilities 
dating back to the Apollo era and over 80 percent beyond their design 
life, maintenance is an ongoing challenge. NASA currently manages a 
deferred maintenance backlog of $2.6 billion. The revenue NASA receives 
from enhanced use leases, $10.8 million in fiscal year 2019, can help 
avoid further increases to that backlog.
  EUL authority also benefits the private entities, the Federal, State, 
and local government agencies, and the academic institutions that enter 
into lease agreements to use specialized facilities and properties, 
such as launch infrastructure, while also providing the valuable 
service to NASA of maintaining the properties.
  In addition, co-locating other Federal, State, and local government 
agencies, private-sector entities, and other institutions on NASA 
properties creates a vibrancy and community at NASA centers that 
benefits NASA and its workforce, including through partnerships with 
those institutions.
  Mr. Speaker, NASA's leadership and success in expanding our knowledge 
through groundbreaking scientific discoveries and extending human 
presence deeper into space inspires our youth, advances our 
technological capacity, and strengthens our economy.
  Enabling such an inspiring mission requires unique infrastructure and 
extensive property and facilities. We need to ensure that NASA has the 
tools and flexibilities to continue its successes for decades to come. 
Those tools include the ability to manage property that may no longer 
be actively or fully used by NASA, at least at this time.
  The bipartisan NASA Enhanced Use Leasing Extension Act of 2021 
ensures the benefits of EUL authority will continue for the next 
decade, and in so doing, provides stability to NASA and its EUL 
partners.
  Mr. Speaker, this bipartisan bill is good for NASA, good for the 
entities that benefit from EUL authority, and good for the taxpayer.
  We cannot afford to let this important authority lapse and risk 
delays and disruption to the many new leases currently being processed 
by NASA.
  I urge my colleagues to vote ``yes'' and support passage of H.R. 5746 
so that the Senate can swiftly pass it and send it to the President's 
desk for signature and enactment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BABIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support strong of H.R. 5746, the NASA Enhanced 
Use Leasing Extension Act of 2021, legislation that I cosponsored, to 
extend NASA's enhanced use leasing authority, which expires on December 
31.
  NASA has used enhanced use leases for almost 20 years to enter into 
arrangements to lease idle or underutilized areas on NASA property to 
the private sector, to State and local governments, and to academic 
institutions and universities.
  NASA can then use some of the money raised from the leases to offset 
spending for facilities maintenance, capital revitalization, and real 
property improvements. NASA expects to collect over $14 million in net 
revenue in 2022 from enhanced use leases and apply that money to its 
deferred maintenance backlog.
  The last extension of the enhanced use lease authority was for 2 
years. H.R. 5746 will extend it for 10 years, until December 31, 2031.
  This 10-year authority will give NASA and its partners the 
flexibility and predictability to enter into longer term leases, which 
could reduce the burden on taxpayers and help the United States' 
commercial space industry continue to compete and out-innovate the 
world.
  I proudly represent the Johnson Space Center of Houston, Texas. As a 
strong advocate for this vital NASA center, as well as for all of our 
NASA centers, I want to make sure that we are doing the utmost to 
empower the brilliant men and women supporting our space industry, 
scientific discovery, and human exploration.

  Mr. Speaker, I reserve the balance of my time.
  Mr. BEYER. Mr. Speaker, I yield as much time as he may consume to the 
gentleman from Louisiana (Mr. Carter).
  Mr. CARTER of Louisiana. Mr. Speaker, NASA's Michoud Assembly 
Facility in New Orleans, Louisiana, is known as America's rocket 
factory.
  For over 55 years, Michoud has manufactured large vehicles and 
components for NASA, from the Apollo program to the space shuttle to 
the Space Launch System, or the SLS.
  Michoud is the main manufacturing and assembly site for SLS, which 
will take us to the furthest reaches of our solar system.
  This site employs approximately 3,500 people but supports more than 
6,000 jobs nationwide. This includes government civil service workers, 
contractors, and staff of other government agencies, as well as 
commercial firms, including firms from Louisiana that create a 
significant number of jobs and economic opportunities.
  The National Center for Advanced Manufacturing, a partnership between 
NASA, the State of Louisiana, Louisiana State University in Baton 
Rouge, and the University of New Orleans, also calls Michoud home. The 
total economic output of Michoud is over $830 million.
  All this to say, Michoud is an indispensable part of the New Orleans' 
economy, New Orleans' community, and our Nation's space program.
  Sites like Michoud would benefit greatly from the passage of H.R. 
5746, which reauthorizes the enhanced use leases needed to keep up 
production.

[[Page H7472]]

  I am proud to be an original cosponsor of this bill and ask that all 
Members support this bill. I urge a ``yea'' vote for this incredibly 
important piece of legislation to maintain and to continue the work 
that we have done at Michoud with NASA for our country.

                              {time}  1045

  Mr. BABIN. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
California (Mrs. Kim).
  Mrs. KIM of California. Mr. Speaker, I rise today in strong support 
of H.R. 5746, the NASA Enhanced Use Leasing Extension Act. This is a 
bipartisan bill I was proud to colead with Space and Aeronautics 
Subcommittee Chair Beyer, Ranking Member Babin, and Representative Troy 
Carter.
  H.R. 5746 would allow NASA to continue leasing any underutilized, 
non-excess property owned by the Federal Government to private-sector 
entities, State and local governments, academic institutions, and other 
agencies involved in the research, development, and deployment of space 
innovation.
  We need an all-hands-on-deck approach to help the U.S. lead the 
global space race for innovation and the development of new 
technologies, and this legislation aims to do exactly that. I am proud 
to support H.R. 5746, those on the front lines of space innovation, and 
aerospace manufacturers in southern California that create the tools 
for the United States to continue reaching new heights.
  I urge my colleagues to support H.R. 5746.
  Mr. BEYER. Mr. Speaker, I have no further requests for time to speak 
on this bill, and I am prepared to close when necessary.
  I reserve the balance of my time.
  Mr. BABIN. Mr. Speaker, I yield myself the balance of my time to 
close.
  Mr. Speaker, passage of this legislation will allow NASA to better 
manage their infrastructure, maintain their facilities, and support the 
commercial space industry. The provision is fiscally responsible, as it 
helps NASA collect revenue from its underutilized properties.
  Congress will continue to provide oversight of how NASA uses this 
authority in the coming years to ensure that taxpayer interests are 
protected and that the authority is not misused.
  I would like to thank Representative Frank Lucas, the ranking member 
of the Science, Space, and Technology Committee, for his leadership on 
this important topic. He is a strong advocate for not only our Nation's 
space program but for our entire scientific enterprise, both public and 
private.
  I would also like to thank Chairwoman Eddie Bernice Johnson, my 
colleague from Texas, and also my friend, Chairman  Don Beyer, for 
their efforts to expedite this bill, as well as the majority and 
minority staff of the Science, Space, and Technology Committee.
  I would also like to thank the NASA civil servant and contractor 
workforce. Despite the challenges posed by COVID-19, NASA employees and 
contractors have been able to accomplish phenomenal achievements. From 
once again launching American astronauts on American rockets from 
American soil, to landing a rover the size of an SUV on Mars, to flying 
the first helicopter on another planet, NASA has not missed a stride. 
These achievements are a credit to the perseverance and fortitude of 
the entire NASA family, and I look forward to witnessing many more 
amazing feats in the coming weeks and months. It is an exciting time.
  Finally, I would also like to recognize the passing yesterday of Mark 
Geyer, the former Director of Johnson Space Center. Mark was a stalwart 
leader, a skilled engineer, and a thoughtful friend.
  Representing the Johnson Space Center afforded me the opportunity to 
work with Mark over the years, and I can tell you that he had a 
profound impact on our Nation's space program.
  I would also like to wish his wife, Jackie, his three children, and 
the entire Geyer family my heartfelt condolences and thank them for 
Mark's service to NASA, the American people, and the noble endeavor of 
space exploration.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BEYER. Mr. Speaker, I concur with my friend Dr. Babin that we are 
very fortunate to be led by Eddie Bernice Johnson, our chair, and Frank 
Lucas, our ranking member. It is a joy to work on this committee, and 
we actually work together in a good way. I would like to thank the 
gentleman from Texas (Mr. Babin), the gentleman from Louisiana (Mr. 
Carter), and the gentlewoman from California (Mrs. Kim) for 
cosponsoring this and helping put this together, and our wonderful 
Space and Aeronautics Subcommittee staff, who actually took the time to 
put the title of this bill in iambic pentameter, the NASA Enhanced Use 
Leasing Extension Act of 2021.
  Mr. Speaker, I encourage all of my colleagues to vote for this good 
bill, and I yield back the balance of my time.
  Ms. JOHNSON of Texas. Mr. Speaker, I rise in support of H.R. 5746, 
the ``NASA Enhanced Use Lease Extension Act of 2021''.
  I want to thank Chairman Beyer of the Subcommittee on Space and 
Aeronautics for introducing this bipartisan bill, along with 
Subcommittee Rankin Member Babin, Representative Troy Carter, and 
Representative Young Kim , as original cosponsors.
  As Chair of the Committee on Science, Space, and Technology, I've had 
the privilege over the years to visit many NASA Field Centers and 
witness the extensive infrastructure required to support our nation's 
inspiring space program.
  Some of those properties are underutilized and many are aging. 
Therefore, they can fall into disrepair.
  NASA facilities, properties, and infrastructure comprise over 5,000 
buildings and structures, including those at its field centers, and the 
Jet Propulsion Laboratory.
  The extension of enhanced use leasing authority in this bill helps 
NASA manage the agency's real property, including the preservation of 
underutilized or unique, historic properties.
  As Chairman Beyer noted, enhanced use leasing, or ``EUL'', allows 
NASA to enter into agreements with state and local governments, 
academia, private sector entities, and other Federal government 
agencies to lease non-excess and underutilized properties at NASA.
  EUL authority allows the agency to accept lease revenues, in turn 
helping NASA to reduce operating costs and make repairs and 
improvements to facility systems.
  According to NASA, in Fiscal Year 2019, five NASA Centers used 
enhanced use leasing resulting in a total of over $10 million in net 
revenue for the agency.
  Congress first granted NASA authority to demonstrate enhanced use 
leasing at two NASA Field Centers as part the Fiscal Year 2003 
Consolidated Appropriations Resolution.
  The Fiscal Year 2009 Omnibus Appropriations Act expanded the 
authority to agency-wide use.
  Since then, the authority has been amended in 2008, and further 
amended in 2012 to allow NASA to accept in-kind considerations for 
leases for the purpose of developing renewable energy production 
facilities.
  The most recent extension of EUL authority was in the Fiscal Year 
2020 Further Consolidated Appropriations Act, where the authority was 
extended for 2 years, until December 31, 2021, the end of this year. 
The bill we are considering today provides a clean ten-year extension 
until December 31, 2031.
  This longer term extension provides consistency and certainty to NASA 
and tenants, allowing NASA to continue existing EUL arrangements and 
make progress on developing new arrangements that are currently 
underway.
  Enhanced use leasing is an important, well-used authority that 
benefits NASA and the many institutions that enter into EUL leases. We 
must act now to extend it.
  With that, Mr. Speaker, I urge my colleagues to vote yes and pass 
H.R. 5746, the bipartisan ``NASA Enhanced Use Lease Extension Act of 
2021.''
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Beyer) that the House suspend the rules 
and pass the bill, H.R. 5746, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________