[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 ====================================================================== 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. --------------------------------------------------------------------------- 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. * * * * * * * [all]