[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2793 Reported in Senate (RS)]
<DOC>
Calendar No. 486
117th CONGRESS
2d Session
S. 2793
[Report No. 117-147]
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
September 13, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Saving Money and
Accelerating Repairs Through Leasing Act'' or the ``SMART Leasing
Act''.</DELETED>
<DELETED>SEC. 2. ENHANCED USE LEASE PILOT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of General Services.</DELETED>
<DELETED> (2) Pilot program.--The term ``pilot program''
means the enhanced use lease pilot program established under
subsection (b).</DELETED>
<DELETED> (3) Relevant congressional committees.--The term
``relevant congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (B) the Committee on Environment and
Public Works of the Senate;</DELETED>
<DELETED> (C) the Committee on Oversight and Reform
of the House of Representatives; and</DELETED>
<DELETED> (D) the Committee on Transportation and
Infrastructure of the House of
Representatives.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Monetary Consideration.--</DELETED>
<DELETED> (1) Fair market value.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Utilization.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Capital revitalization and
improvements.--Any amounts of monetary consideration
received under this subsection that are not used in
accordance with subparagraph (A) shall--</DELETED>
<DELETED> (i) be deposited in a working
capital account to be established by the
Federal agency engaged in the lease of the
property; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Lease Restrictions.--</DELETED>
<DELETED> (1) No leaseback or guaranteed service contract.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Maximum number of leases.--The Administrator
may enter into not more than 6 leases under the pilot program
during each fiscal year.</DELETED>
<DELETED> (4) Duration of leases.--The Administrator may not
enter into a lease under the pilot program with a term of more
than 15 years.</DELETED>
<DELETED> (h) Reporting.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (i) Duration.--</DELETED>
<DELETED> (1) In general.--The authority to enter into
leases under the pilot program shall expire on September 30,
2024.</DELETED>
<DELETED> (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.</DELETED>
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 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.
(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.--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.
(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.
Calendar No. 486
117th CONGRESS
2d Session
S. 2793
[Report No. 117-147]
_______________________________________________________________________
A BILL
To authorize the Administrator of General Services to establish an
enhanced use lease pilot program, and for other purposes.
_______________________________________________________________________
September 13, 2022
Reported with an amendment