[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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