[House Report 118-483]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-483
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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ASTRONAUT SAFE TEMPORARY RIDE OPTIONS ACT
_______
May 6, 2024.--Ordered to be printed
_______
Mr. Lucas, from the Committee on Science, Space, and Technology,
submitted the following
R E P O R T
[To accompany H.R. 272]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 272) to amend title 31, United
States Code, to authorize transportation for Government
astronauts returning from space between their residence and
various locations, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Legislative History.............................................. 2
Section-by-Section............................................... 2
Related Committee Hearings....................................... 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 3
Application of Law to the Legislative Branch..................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 5
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Cost Estimate.......................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Cost Estimate........................ 6
Changes to Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 272 streamlines the process for the NASA Administrator
to approve transportation of an astronaut following the return
of the astronaut from space. This bill amends title 31, United
States Code, to clarify that post-flight ground transportation
of an astronaut between the astronaut's residence and various
locations for performance of official duties is considered
transportation for an official purpose.
Background and Need for Legislation
Unique aspects of the space environment can cause
astronauts to experience a number of physiological changes
during missions. Following their return to earth, NASA requires
certain astronauts to undergo extensive medical evaluations,
allowing NASA both to study the effects of space on the human
body and to ensure the well-being of the astronauts. As a part
of this process, NASA must grant an astronaut post-flight
medical clearance before the astronaut can operate a motor
vehicle. Prior to obtaining such clearance, astronauts must
rely on alternative methods of ground transportation to travel
back and forth to their NASA-required medical evaluations or
other official duties. To reduce this burden, the NASA
Administrator may approve NASA's provision of ground
transportation for astronauts until they are cleared to drive
but, under current law, must grant such approval for each
astronaut on an individual basis.
H.R. 272 amends title 31, United States Code, to clarify
that the NASA Administrator may provide a blanket approval for
post-flight transportation of certain astronauts until they are
medically cleared to drive. This eliminates the current
redundant and bureaucratic approval process of the
Administrator issuing separate approvals for each astronaut and
ensures that astronauts have access to safe transportation
before receiving clearance to operate motor vehicles. By
streamlining the approval process, and ensuring astronauts are
able to efficiently conduct post-mission medical examinations,
NASA will be able to collect important biomedical data on the
health impacts of space to further enable future exploration
goals.
Legislative History
H.R. 272 was introduced on January 11, 2023, by the
Committee on Science, Space, and Technology's Space and
Aeronautics Subcommittee Chairman Babin (R-TX) and is
cosponsored by Representative Jackson (D-NC).
Section-by-Section
Section 1. Short title
The short title of this legislation is the ``Astronaut Safe
Temporary Ride Options Act'' or the ``ASTRO Act''.
Section 2. Transportation of astronauts returning from space
This section amends Section 1344 of title 31, United States
Code, allowing the NASA Administrator to provide blanket
approval of post-flight transportation for certain astronauts
returning from space prior to such astronauts obtaining medical
clearance to operate a motor vehicle. This section also directs
an annual report on NASA's use of the authority granted by this
bill.
Related Committee Hearings
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop or consider H.R. 272.
On April 27, 2023 the Committee on Science, Space, and
Technology held a hearing titled An Overview of the Fiscal Year
2024 Proposed Budget Request for the National Aeronautics and
Space Administration. Members discussed both immediate and
long-term agency and astronaut needs with the witness.
Witness:
The Honorable Bill Nelson, Administrator,
National Aeronautics and Space Administration
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, the Committee
finds that no provision of H.R. 272 establishes or reauthorizes
a program of the Federal Government known to be duplicative of
another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of
Public Law 111-139 or identified in the most recent Catalog of
Federal Domestic Assistance.
Committee Consideration
On March 20, 2024, the Committee on Science, Space, and
Technology met to consider H.R. 272.
Chairman Lucas moved that the Committee favorably report
the bill to the House of Representatives with the
recommendation that the bill be approved. The motion was agreed
to by a vote of 35-0.
Roll Call Votes
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
Application of Law to the Legislative Branch
The Committee finds that H.R. 272 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act (Public Law 104-1).
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R.
272 is to streamline the process for the NASA Administrator to
approve transportation of an astronaut following the return of
such astronaut from space by clarifying that post-flight ground
transportation of an astronaut between the astronaut's
residence and various locations for performance of official
duties is considered transportation for an official purpose.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, the Committee
finds that no provision of H.R. 272 establishes or reauthorizes
a program of the Federal Government known to be duplicative of
another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of
Public Law 111-139 or identified in the most recent Catalog of
Federal Domestic Assistance.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of section 5(b) of the Federal Advisory
Committee Act.
Unfunded Mandate Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Earmark Identification
Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 272 does not include any
congressional earmarks, limited tax benefits, or limited tariff
benefits.
Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not yet available.
New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 272 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 31, UNITED STATES CODE
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SUBTITLE II--THE BUDGET PROCESS
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CHAPTER 13--APPROPRIATIONS
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SUBCHAPTER III--LIMITATIONS, EXCEPTIONS, AND PENALTIES
* * * * * * *
Sec. 1344. Passenger carrier use
(a)(1) Funds available to a Federal agency, by appropriation
or otherwise, may be expended by the Federal agency for the
maintenance, operation, or repair of any passenger carrier only
to the extent that such carrier is used to provide
transportation for official purposes. Notwithstanding any other
provision of law, transporting any individual other than the
individuals listed in subsections (b) and (c) of this section
between such individual's residence and such individual's place
of employment is not transportation for an official purpose.
(2) For purposes of paragraph (1), transportation between the
residence of an officer or employee and various locations that
is--
(A) required for the performance of field work, in
accordance with regulations prescribed pursuant to
subsection (e) of this section, [or]
(B) essential for the safe and efficient performance
of intelligence, counterintelligence, protective
services, or criminal law enforcement duties, or
transportation of federally owned canines associated
with force protection duties of any part of the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), or
(C) necessary for post-flight transportation of
Government astronauts, and others subject to
reimbursable arrangements, returning from space for the
performance of medical research, monitoring, diagnosis,
or treatment, or other official duties, prior to
receiving post-flight medical clearance to operate a
motor vehicle,
is transportation for an official purpose, when approved in
writing by the head of the Federal agency.
(3) For purposes of paragraph (1), the transportation of an
individual between such individual's place of employment and a
mass transit facility pursuant to subsection (g) is
transportation for an official purpose.
(b) A passenger carrier may be used to transport between
residence and place of employment the following officers and
employees of Federal agencies:
(1)(A) the President and the Vice President;
(B) no more than 6 officers or employees in the
Executive Office of the President, as designated by the
President; and
(C) no more than 10 additional officers or employees
of Federal agencies, as designated by the President;
(2) the Chief Justice and the Associate Justices of
the Supreme Court;
(3)(A) officers compensated at Level I of the
Executive Schedule pursuant to section 5312 of title 5;
and
(B) a single principal deputy to an officer described
in subclause (A) of this clause, when a determination
is made by such officer that such transportation is
appropriate;
(4) principal diplomatic and consular officials
abroad, and the United States Ambassador to the United
Nations;
(5) the Deputy Secretary of Defense and Under
Secretaries of Defense, the Secretary of the Air Force,
the Secretary of the Army, the Secretary of the Navy,
the members and Vice Chairman of the Joint Chiefs of
Staff, and the Commandant of the Coast Guard;
(6) the Director of the Central Intelligence Agency,
the Director of the Federal Bureau of Investigation,
Director of the Bureau of Alcohol, Tobacco, Firearms
and Explosives the Administrator of the Drug
Enforcement Administration, and the Administrator of
the National Aeronautics and Space Administration;
(7) the Chairman of the Board of Governors of the
Federal Reserve System;
(8) the Comptroller General of the United States and
the Postmaster General of the United States; and
(9) an officer or employee with regard to whom the
head of a Federal agency makes a determination, in
accordance with subsection (d) of this section and with
regulations prescribed pursuant to paragraph (1) of
subsection (e), that highly unusual circumstances
present a clear and present danger, that an emergency
exists, or that other compelling operational
considerations make such transportation essential to
the conduct of official business.
Except as provided in paragraph (2) of subsection (d), any
authorization made pursuant to clause (9) of this subsection to
permit the use of a passenger carrier to transport an officer
or employee between residence and place of employment shall be
effective for not more than 15 calendar days.
(c) A passenger carrier may be used to transport between
residence and place of employment any person for whom
protection is specifically authorized pursuant to section
3056(a) of title 18 or for whom transportation is authorized
pursuant to section 28 of the State Department Basic
Authorities Act of 1956, section 2637 of title 10, or section
8(a)(1) of the Central Intelligence Agency Act of 1949.
(d)(1) Any determination made under subsection (b)(9) of this
section shall be in writing and shall include the name and
title of the officer or employee affected, the reason for such
determination, and the duration of the authorization for such
officer or employee to use a passenger carrier for
transportation between residence and place of employment.
(2) If a clear and present danger, an emergency, or a
compelling operational consideration described in subsection
(b)(9) of this section extends or may extend for a period in
excess of 15 calendar days, the head of the Federal agency
shall determine whether an authorization under such paragraph
shall be extended in excess of 15 calendar days for a period of
not more than 90 additional calendar days. Determinations made
under this paragraph may be reviewed by the head of such agency
at the end of each such period, and, where appropriate, a
subsequent determination may be made whether such danger,
emergency, or consideration continues to exist and whether an
additional extension, not to exceed 90 calendar days, may be
authorized. Determinations made under this paragraph shall be
in accordance with regulations prescribed pursuant to paragraph
(1) of subsection (e).
(3) The authority to make designations under subsection
(b)(1) of this section and to make determinations pursuant to
subsections (a)(2) and (b)(3)(B) and (9) of this section and
pursuant to paragraph (2) of this subsection may not be
delegated, except that, with respect to the Executive Office of
the President, the President may delegate the authority of the
President under subsection (b)(9) of this section to an officer
in the Executive Office of the President. No designation or
determination under this section may be made solely or
principally for the comfort or convenience of the officer or
employee.
(4) Notification of each designation or determination made
under subsection (b)(1), (3)(B), and (9) of this section and
under paragraph (2) of this subsection, including the name and
title of the officer or employee affected, the reason for any
determination under subsection (b)(9), and the expected
duration of any authorization under subsection (b)(9), shall be
transmitted promptly to the Committee on Government Operations
of the House of Representatives and the Committee on
Governmental Affairs of the Senate.
(e)(1) Not later than March 15, 1987, the Administrator of
General Services, after consultation with the Comptroller
General, the Director of the Office of Management and Budget,
and the Director of the Administrative Office of the United
States Courts, shall promulgate regulations governing the heads
of all Federal agencies in making the determinations authorized
by subsections (a)(2)(A), (b)(9), and (d)(2) of this section.
Such regulations shall specify that the comfort and convenience
of an officer or employee is not sufficient justification for
authorizations of transportation under this section.
(2) In promulgating regulations under paragraph (1) of this
subsection, the Administrator of General Services shall provide
criteria defining the term ``field work'' for purposes of
subsection (a)(2)(A) of this section. Such criteria shall
ensure that transportation between an employee's residence and
the location of the field work will be authorized only to the
extent that such transportation will substantially increase the
efficiency and economy of the Government.
(f) Each Federal agency shall maintain logs or other records
necessary to establish the official purpose for Government
transportation provided between an individual's residence and
such individual's place of employment pursuant to this section.
(g)(1) If and to the extent that the head of a Federal
agency, in his or her sole discretion, deems it appropriate, a
passenger carrier may be used to transport an officer or
employee of a Federal agency between the officer's or
employee's place of employment and a mass transit facility
(whether or not publicly owned) in accordance with succeeding
provisions of this subsection.
(2) Notwithstanding section 1343, a Federal agency that
provides transportation services under this subsection
(including by passenger carrier) may absorb the costs of such
services using any funds available to such agency, whether by
appropriation or otherwise.
(3) In carrying out this subsection, a Federal agency, to the
maximum extent practicable and consistent with sound budget
policy, should--
(A) use alternative fuel vehicles for the provision
of transportation services;
(B) to the extent consistent with the purposes of
this subsection, provide transportation services in a
manner that does not result in additional gross income
for Federal income tax purposes; and
(C) coordinate with other Federal agencies to share,
and otherwise avoid duplication of, transportation
services provided under this subsection.
(4) For purposes of any determination under chapter 81 of
title 5 or chapter 171 of title 28, an individual shall not be
considered to be in the ``performance of duty'' or ``acting
within the scope of his or her office or employment'' by virtue
of the fact that such individual is receiving transportation
services under this subsection. Nor shall any time during which
an individual uses such services be considered when calculating
the hours of work or employment for that individual for
purposes of title 5 of the United States Code, including
chapter 55 of that title.
(5)(A) The Administrator of General Services, after
consultation with the appropriate agencies, shall prescribe any
regulations necessary to carry out this subsection.
(B) Transportation services under this subsection shall be
subject neither to the last sentence of subsection (d)(3) nor
to any regulations under the last sentence of subsection
(e)(1).
(6) In this subsection, the term ``passenger carrier'' means
a passenger motor vehicle or similar means of transportation
that is owned, leased, or provided pursuant to contract by the
United States Government.
(h) As used in this section--
(1) the term ``passenger carrier'' means a passenger
motor vehicle, aircraft, boat, ship, or other similar
means of transportation that is owned or leased by the
United States Government; and
(2) the term ``Federal agency'' means--
(A) a department--
(i) including independent
establishments, other agencies, and
wholly owned Government corporations;
but
(ii) not including the Senate, House
of Representatives, or Architect of the
Capitol, or the officers or employees
thereof;
(B) an Executive department (as such term is
defined in section 101 of title 5);
(C) a military department (as such term is
defined in section 102 of title 5);
(D) a Government corporation (as such term is
defined in section 103(1) of title 5);
(E) a Government controlled corporation (as
such term is defined in section 103(2) of title
5);
(F) a mixed-ownership Government corporation
(as such term is defined in section 9101(2) of
this title);
(G) any establishment in the executive branch
of the Government (including the Executive
Office of the President);
(H) any independent regulatory agency
(including an independent regulatory agency
specified in section 3502(10) of title 44);
(I) the Smithsonian Institution; and
(J) any nonappropriated fund instrumentality
of the United States,
except that such term does not include the government
of the District of Columbia.
(i) Notwithstanding section 410(a) of title 39, this section
applies to the United States Postal Service.
* * * * * * *