[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2793 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2793

  To authorize the Administrator of General Services to establish an 
       enhanced use lease pilot program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 21), 2021

  Mr. Peters (for himself, Mr. Lankford, Mr. Hawley, and Ms. Sinema) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To authorize the Administrator of General Services to establish an 
       enhanced use lease pilot program, and for other purposes.

    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 ``Saving Money and Accelerating 
Repairs Through Leasing Act'' or the ``SMART Leasing Act''.

SEC. 2. ENHANCED USE LEASE PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Pilot program.--The term ``pilot program'' means the 
        enhanced use lease pilot program established under subsection 
        (b).
            (3) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Environment and Public Works 
                of the Senate;
                    (C) the Committee on Oversight and Reform of the 
                House of Representatives; and
                    (D) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    (b) Establishment.--The Administrator may establish an enhanced use 
lease pilot program under which the Administrator may authorize Federal 
agencies to enter into a lease with any person or entity (including 
another department or agency of the Federal Government or an entity of 
a State or local government) with regard to any underutilized nonexcess 
real property and related personal property under the jurisdiction of 
the Administrator.
    (c) Monetary Consideration.--
            (1) Fair market value.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a person or entity entering into a lease under the 
                pilot program shall provide monetary consideration for 
                the lease at fair market value, as determined by the 
                Administrator.
                    (B) In-kind consideration.--The Administrator may 
                accept in-kind consideration for leases entered into 
                under the pilot program for the purpose of developing 
                renewable energy production facilities.
            (2) Utilization.--
                    (A) In general.--The Administrator may use monetary 
                consideration received under this subsection for a 
                lease entered into under the pilot program to cover the 
                full costs to the Administration in connection with the 
                lease.
                    (B) Capital revitalization and improvements.--Any 
                amounts of monetary consideration received under this 
                subsection that are not used in accordance with 
                subparagraph (A) shall--
                            (i) be deposited in a working capital 
                        account to be established by the Federal agency 
                        engaged in the lease of the property; and
                            (ii) remain available until expended for 
                        maintenance, capital revitalization, and 
                        improvements of the real property assets and 
                        related personal property at the Federal 
                        agency, subject to the concurrence of the 
                        Administrator.
    (d) Additional Terms and Conditions.--The Administrator may require 
such terms and conditions in connection with a lease under the pilot 
program as the Administrator considers appropriate to protect the 
interests of the United States.
    (e) Relationship to Other Lease Authority.--The authority under the 
pilot program to lease property under the jurisdiction of the 
Administrator is in addition to any other authority under Federal law 
to lease property under the jurisdiction of the Administrator.
    (f) Waiver.--A property leased under the pilot program shall not be 
subject to section 501 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11411) before leasing the property under such pilot program.
    (g) Lease Restrictions.--
            (1) No leaseback or guaranteed service contract.--
                    (A) In general.--Subject to subparagraph (B), the 
                Administrator may not lease back property under the 
                pilot program during the term of the lease or enter 
                into guaranteed service or similar contracts with the 
                lessee relating to the property.
                    (B) In-kind consideration leases.--Subparagraph (A) 
                shall not apply to property under a lease under the 
                pilot program in which the Administrator received in-
                kind consideration under subsection (c)(1)(B).
            (2) Certification.--The Administrator may not enter into a 
        lease under the pilot program unless the Administrator 
        certifies that the lease will not have a negative impact on the 
        mission of the Administrator or the applicable Federal agency.
            (3) Maximum number of leases.--The Administrator may enter 
        into not more than 6 leases under the pilot program during each 
        fiscal year.
            (4) Duration of leases.--The Administrator may not enter 
        into a lease under the pilot program with a term of more than 
        15 years.
    (h) Reporting.--
            (1) Annual reports.--Not later than January 31 of each 
        year, the Administrator shall submit to the relevant 
        congressional committees a report on the pilot program, 
        including--
                    (A) a description of each lease entered into under 
                the pilot program, including the value of the lease, 
                the amount of consideration received, and the use of 
                the consideration received; and
                    (B) the availability and use of the funds received 
                under the pilot program for the Administrator or the 
                Federal agency engaged in the lease of nonexcess real 
                property and related personal property.
            (2) Final report.--Not later than September 30, 2024, the 
        Administrator shall submit to the relevant congressional 
        committees a final report on the pilot program, including a 
        recommendation on whether the pilot program should be extended.
    (i) Duration.--
            (1) In general.--The authority to enter into leases under 
        the pilot program shall expire on September 30, 2024.
            (2) Savings provision.--The expiration under this 
        subsection of authority to enter into leases under the pilot 
        program shall not affect the validity or term of leases or the 
        retention of proceeds by the Federal agency from leases entered 
        into under the pilot program before the expiration of the 
        authority.
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