[Senate Report 116-260]
[From the U.S. Government Publishing Office]
Calendar No. 324
116th Congress } { Report
SENATE
2d Session } { 116-260
_______________________________________________________________________
NASA ENHANCED USE LEASING EXTENSION ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2909
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 13, 2020.--Ordered to be printed
________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 324
116th Congress } { Report
SENATE
2d Session } { 116-260
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NASA ENHANCED USE LEASING EXTENSION ACT OF 2019
_______
August 13, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2909]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2909) to extend the authority
of the National Aeronautics and Space Administration to enter
into leases of non-excess property of the Administration,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of this bill is to extend the National
Aeronautics and Space Administration's (NASA) authorization to
use enhanced use lease (EUL) authority through December 31,
2021. The current authorization expires on December 31, 2019.
The EUL authority allows NASA to enter into agreements with
private sector entities, State and local governments, academic
institutions, and other Federal agencies, to lease non-excess
but underutilized NASA property.
Background and Needs
Unlike traditional lease arrangements, EUL permits NASA to
retain revenues and use them for capital improvements and to
improve mission effectiveness. NASA has 70 EULs at primarily
five NASA centers: Stennis Space Center (Mississippi), Ames
Research Center (California), Marshall Space Flight Center
(Alabama), Kennedy Space Center (Florida), and Goddard Space
Flight Center (Maryland). Each year, the overall EUL program
generates positive revenue for NASA to help maintain
deteriorating facilities. The net revenue income from EUL was
$6.8 million in fiscal year (FY) 2018 and $5.4 million in FY
2017. NASA strongly supports EUL, and with the authority set to
expire at the end of December 2019, NASA submitted a
legislative proposal to extend this authority until December
31, 2024. NASA's EUL partners are often looking for longer term
lease arrangements for stability of their operations, and
therefore a reliable leasing framework is important for all
parties concerned. The 2-year extension will give Congress
additional time to formulate a longer term EUL reauthorization
in a future NASA authorization bill. The Committee reported S.
2800, the National Aeronautics and Space Administration
Authorization Act of 2019, on November 13, 2019, but that
legislation awaits consideration by the full Senate.
Summary of Provision
The NASA Enhanced Use Leasing Extension Act of 2019 would
extend the leasing authority of NASA by 2 years until December
31, 2021. The bill would not modify NASA's EUL authority or
make any changes to requirements associated with the authority.
Legislative History
S. 2909 was introduced on November 20, 2019, by Senator
Wicker (for himself and Senators Cantwell and Hyde-Smith) and
was referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senators Feinstein and Scott are
additional cosponsors. On December 11, 2019, the bill was
reported out of committee after the Committee met in open
Executive Session and, by voice vote, ordered S. 2909 reported
favorably without amendment and by unanimous consent.
RELATED LEGISLATION
Further Consolidated Appropriations Act, 2020
Section 602 of division I, title VI of the Further
Consolidated Appropriations Act, 2020, H.R. 1865,\1\ extended
NASA's EUL authority until December 31, 2021, in a manner
identical to the provisions in S. 2909. H.R. 1865 was signed
into law on December 20, 2019.
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\1\Public Law 116-94.
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House Companion NASA Enhanced Use Leasing Extension Act of 2019
A house companion bill, the NASA Enhanced Use Leasing
Extension Act of 2019, H.R. 5213, was introduced by
Representative Horn on November 21, 2019, with Representatives
Babin, Johnson, Lucas and Palazzo as cosponsors. Similar to the
proposed Senate bill S. 2909, this companion bill also proposes
the extension of NASA's EUL authority to December 31, 2021.
National Aeronautics and Space Administration Authorization Act of 2019
The National Aeronautics and Space Administration
Authorization Act of 2019, S. 2800, was introduced on November
6, 2019, by Senator Cruz (for himself and Senators Sinema,
Wicker, and Cantwell) and was referred to the Committee on
Commerce, Science, and Transportation of the Senate. On
November 13, 2019, the Committee met in Executive Session and,
by voice vote, ordered S. 2800 reported favorably with an
amendment (in the nature of a substitute). S. 2800 awaits
consideration by the full Senate. This bill proposes to remove
the sunset clause in section 20145 of title 51 that currently
extends EUL authority until December 31, 2019.
NASA Enhanced Use Leasing Extension Act of 2018
In the 115th Congress, the NASA Enhanced Use Leasing
Extension Act of 2018,\2\ introduced by Senator Wicker,
extended the authority for NASA to lease its non-excess real
property and related personal property through December 31,
2019.
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\2\Public Law 115-403.
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National Aeronautics and Space Administration Transition Authorization
Act of 2017
The National Aeronautics and Space Administration
Transition Authorization Act of 2017,\3\ which was signed into
law by President Trump on March 21, 2017, calls for NASA to
prioritize the technologies and capabilities best suited to
equip the United States for a human mission to Mars and beyond.
It extended the EUL authority from December 26, 2007, to
December 31, 2018.
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\3\Public Law 115-10.
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National Aeronautics and Space Act of 1958 and Related Authorities
Congress first enacted NASA's EUL authority as part of the
Consolidated Appropriations Resolution, 2003,\4\ which amended
the National Aeronautics and Space Act of 1958.\5\ Initially
this authority was used to demonstrate the program at two of
its Centers, Ames Research Center and Kennedy Space Center. In
2008, this authority was expanded to provide agency-wide EUL
coverage, and was amended again by the Consolidated and Further
Continuing Appropriations Act, 2012\6\ to permit the acceptance
of in-kind consideration for leases entered into for the
purpose of developing renewable energy production facilities.
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\4\Public Law 108-7.
\5\Public Law 85-568.
\6\Public Law 112-55.
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Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
Persons affected by the reported bill would be limited to
those involved in entering into future EUL agreements with
NASA.
economic impact
Enactment of this reported bill is not expected to have a
negative impact on the Nation's economy.
privacy
The reported bill is not expected to have an adverse impact
on the personal privacy of individuals.
paperwork
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of the reported
bill.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``NASA Enhanced Use Leasing Extension Act of 2019''.
Section 2. Extension of authority to enter into leases of non-excess
property of the National Aeronautics and Space Administration.
This section would amend the sunset date listed in section
20145(g) of title 51 entitled ``Lease of non-excess property'',
changing it from December 31, 2019, to December 31, 2021.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes made by the bill, as
reported, to existing law at the time the bill was ordered
reported, are shown as follows (existing law proposed to be
omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS
* * * * * * *
Subtitle II--General Program and Policy Provisions
* * * * * * *
CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM
* * * * * * *
Subchapter III--General Administrative Provisions
* * * * * * *
Sec. 20145. Lease of non-excess property
(a) * * *
(g) Sunset.--The authority to enter into leases under this
section shall expire [December 31, 2019] December 31, 2021. The
expiration under this subsection 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 authority.
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