[Congressional Record Volume 170, Number 126 (Thursday, August 1, 2024)]
[Senate]
[Pages S5835-S5836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       SAVING MONEY AND ACCELERATING REPAIRS THROUGH LEASING ACT

  Mr. BOOKER. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 81, S. 211.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 211) to authorize the Administrator of General 
     Services to establish an enhanced use lease pilot program, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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--

[[Page S5836]]

       (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.

  Mr. BOOKER. Madam President, I further ask that the committee-
reported substitute amendment be agreed to; that the bill, as amended, 
be considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 211), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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