[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 211 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 211
_______________________________________________________________________
AN ACT
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 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.
Passed the Senate August 1, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 211
_______________________________________________________________________
AN ACT
To authorize the Administrator of General Services to establish an
enhanced use lease pilot program, and for other purposes.