[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 211 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 81
118th CONGRESS
  1st Session
                                 S. 211

                          [Report No. 118-35]

  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

                            February 1, 2023

  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

                              May 30, 2023

               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 
                Accountability 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.--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>    (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.--
        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>    (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 until the year after the year in which authority to 
        enter into leases under the pilot program expires under 
        subsection (i)(1), 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 2 years after 
        the date of enactment of this Act, 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 the date that is 
        2 years after the date of enactment of this Act.</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 Accountability 
                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 Administrator in connection with the 
                lease.
                    (B) Capital revitalization and improvements; 
                deficit reduction.--
                            (i) Capital revitalization and 
                        improvements.--50 percent of the 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.
                            (ii) Deficit reduction.--50 percent of the 
                        amounts of monetary consideration received 
                        under this subsection that are not used in 
                        accordance with subparagraph (A) shall be 
                        deposited in the general fund of the Treasury 
                        for the sole purpose of deficit reduction.
    (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.
            (5) Prohibition.--The Administrator may not enter into a 
        lease under the pilot program with any individual or entity 
        that--
                    (A) intends to carry out, under the lease--
                            (i) activities that are illegal--
                                    (I) to conduct in Federal 
                                facilities; or
                                    (II) under Federal law; or
                            (ii) activities for which Federal funding 
                        is prohibited;
                    (B) is a political organization described in 
                section 527 of the Internal Revenue Code of 1986;
                    (C) is owned, operated, or controlled by a foreign 
                government; or
                    (D) received any Federal grant, contract, or award 
                from the applicable Federal agency engaged in the lease 
                that is still in the performance period.
            (6) Limitation on use of leases.--No lease entered into 
        under the pilot program may be used to carry out lobbying 
        activities (as defined in section 3 of the Lobbying Disclosure 
        Act of 1995 (2 U.S.C. 1602)).
    (h) Reporting.--
            (1) Annual reports.--Not later than January 31 of each year 
        until the year after the year in which authority to enter into 
        leases under the pilot program expires under subsection (i)(1), 
        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 2 years after the date of 
        enactment of this Act, 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 the date that is 2 years 
        after the date of enactment of this Act.
            (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. 81

118th CONGRESS

  1st Session

                                 S. 211

                          [Report No. 118-35]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 30, 2023

                       Reported with an amendment