[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 
                
                
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                  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

======================================================================



 
            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.
---------------------------------------------------------------------------
    \1\Public Law 116-94.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \2\Public Law 115-403.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \4\Public Law 108-7.
    \5\Public Law 85-568.
    \6\Public Law 112-55.
---------------------------------------------------------------------------

                            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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