[Congressional Record Volume 165, Number 169 (Thursday, October 24, 2019)]
[Senate]
[Pages S6168-S6169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1093. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, 
making appropriations for the Departments of Commerce and Justice, 
Science, and Related Agencies for the fiscal year ending September 30, 
2020, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 26, between lines 8 and 9, insert the following:
       Sec. 111. (a) Notwithstanding any other provision of law, 
     in fiscal year 2020 and each fiscal year thereafter, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration may execute noncompetitive leases and co-
     location agreements for real property and incidental goods 
     and services with entities described in subsection (b) for 
     periods of not more than 30 years, if each such lease or 
     agreement is supported by a price reasonableness analysis.
       (b) An entity described in this subsection is--
       (1) the government of any State, territory, possession, or 
     locality in the United States;
       (2) any Tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304));
       (3) any subdivision of a government described in paragraph 
     (1) or an organization described in paragraph (2); or
       (4) any organization that is--
       (A) organized under the laws of the United States or any 
     jurisdiction within the United States; and
       (B) described in section 501(c) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code.
       (c) The obligation of amounts for leases and agreements 
     executed under subsection (a) is limited to the fiscal year 
     for which payments are due, without regard to sections 
     1341(a)(1), 1501(a)(1), 1502(a), and 1517(a) of title 31, 
     United States Code.
       (d) Upon the execution of a lease or agreement authorized 
     by subsection (a) with an entity, the Administrator may enter 
     into agreements with the entity to collaborate or engage in 
     projects or programs on matters of mutual interest for 
     periods not to exceed the term of the lease or agreement. The 
     cost of such agreements shall be apportioned equitably, as 
     determined by the Administrator.
       Sec. 112. (a) Notwithstanding the requirements of title 40, 
     United States Code, in fiscal year 2020 and each fiscal year 
     thereafter, the Secretary of Commerce, through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, may convey, by sale or otherwise, all right, 
     title, and interest of the United States in real property 
     that is under the custody and control and administrative 
     jurisdiction of the Administration, including any 
     improvements thereon, after the Secretary has determined that 
     the real property is excess or that the conveyance is in the 
     best interest of the Department.
       (b) A conveyance authorized under subsection (a) shall be 
     subject to such terms, conditions, and reservations as the 
     Administrator determines to be necessary to protect the 
     public interest and meet program requirements.
       (c)(1) As consideration for a conveyance authorized under 
     subsection (a), the purchaser shall pay the United States an 
     amount, or transfer other real property or provide leased 
     space, and incidental goods and services, or any combination 
     thereof, to the National Oceanic and Atmospheric 
     Administration, that is at least equal to the fair market 
     value of the property being conveyed, as determined by the 
     Administrator.
       (2) The obligation of amounts for any lease under paragraph 
     (1) is limited to the fiscal year for which payments are due, 
     without regard to sections 1341(a)(1), 1501(a)(1), 1502(a), 
     and 1517(a) of title 31, United States Code.

[[Page S6169]]

       (d) Proceeds received by the United States from a 
     conveyance under this section shall--
       (1) be deposited in the Procurement, Acquisition, and 
     Construction account or the Operations, Research, and 
     Facilities account of the National Oceanic and Atmospheric 
     Administration, as determined by the Administrator; and
       (2) be available to the Administrator, notwithstanding any 
     other provision of law, until expended and without further 
     appropriation, to pay for costs incurred to effectuate the 
     conveyance, for related relocation and lease costs, and for 
     the acquisition of, or construction, remediation, repair, 
     alteration, or improvement of, any real property of the 
     National Oceanic and Atmospheric Administration.
       Sec. 113.  The Administrator of the National Oceanic and 
     Atmospheric Administration is authorized to acquire land, or 
     interests therein, for which amounts have been appropriated.
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