II 

117TH CONGRESS 

1ST SESSION S. 2793 

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 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

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 

A BILL 

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

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Saving Money and Ac5 celerating Repairs Through Leasing Act’’ or the ‘‘SMART 

6 Leasing Act’’. 

7 SEC. 2. ENHANCED USE LEASE PILOT PROGRAM. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of General Serv3 ices. 

4 (2) PILOT PROGRAM.—The term ‘‘pilot pro5 gram’’ means the enhanced use lease pilot program 

6 established under subsection (b). 

7 (3) RELEVANT CONGRESSIONAL COMMIT8 TEES.—The term ‘‘relevant congressional commit9 tees’’ means— 

10 (A) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 (B) the Committee on Environment and 

13 Public Works of the Senate; 

14 (C) the Committee on Oversight and Re15 form of the House of Representatives; and 

16 (D) the Committee on Transportation and 

17 Infrastructure of the House of Representatives. 

18 (b) ESTABLISHMENT.—The Administrator may es19 tablish an enhanced use lease pilot program under which 

20 the Administrator may authorize Federal agencies to enter 

21 into a lease with any person or entity (including another 

22 department or agency of the Federal Government or an 

23 entity of a State or local government) with regard to any 

24 underutilized nonexcess real property and related personal 

25 property under the jurisdiction of the Administrator. 


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1 (c) MONETARY CONSIDERATION.— 

2 (1) FAIR MARKET VALUE.— 

3 (A) IN GENERAL.—Except as provided in 

4 subparagraph (B), a person or entity entering 

5 into a lease under the pilot program shall pro6 vide monetary consideration for the lease at fair 

7 market value, as determined by the Adminis8 trator. 

9 (B) IN-KIND CONSIDERATION.—The Ad10 ministrator may accept in-kind consideration 

11 for leases entered into under the pilot program 

12 for the purpose of developing renewable energy 

13 production facilities. 

14 (2) UTILIZATION.— 

15 (A) IN GENERAL.—The Administrator may 

16 use monetary consideration received under this 

17 subsection for a lease entered into under the 

18 pilot program to cover the full costs to the Ad19 ministration in connection with the lease. 

20 (B) CAPITAL REVITALIZATION AND IM21 PROVEMENTS.—Any amounts of monetary con22 sideration received under this subsection that 

23 are not used in accordance with subparagraph 

24 (A) shall— 


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1 (i) be deposited in a working capital 

2 account to be established by the Federal 

3 agency engaged in the lease of the prop4 erty; and 

5 (ii) remain available until expended 

6 for maintenance, capital revitalization, and 

7 improvements of the real property assets 

8 and related personal property at the Fed9 eral agency, subject to the concurrence of 

10 the Administrator. 

11 (d) ADDITIONAL TERMS AND CONDITIONS.—The Ad12 ministrator may require such terms and conditions in con13 nection with a lease under the pilot program as the Ad14 ministrator considers appropriate to protect the interests 

15 of the United States. 

16 (e) RELATIONSHIP TO OTHER LEASE AUTHORITY.— 

17 The authority under the pilot program to lease property 

18 under the jurisdiction of the Administrator is in addition 

19 to any other authority under Federal law to lease property 

20 under the jurisdiction of the Administrator. 

21 (f) WAIVER.—A property leased under the pilot pro22 gram shall not be subject to section 501 of the McKinney23 Vento Homeless Assistance Act (42 U.S.C. 11411) before 

24 leasing the property under such pilot program. 

25 (g) LEASE RESTRICTIONS.— 


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1 (1) NO LEASEBACK OR GUARANTEED SERVICE

2 CONTRACT.— 

3 (A) IN GENERAL.—Subject to subpara4 graph (B), the Administrator may not lease 

5 back property under the pilot program during 

6 the term of the lease or enter into guaranteed 

7 service or similar contracts with the lessee re8 lating to the property. 

9 (B) IN-KIND CONSIDERATION LEASES.— 

10 Subparagraph (A) shall not apply to property 

11 under a lease under the pilot program in which 

12 the Administrator received in-kind consideration 

13 under subsection (c)(1)(B). 

14 (2) CERTIFICATION.—The Administrator may 

15 not enter into a lease under the pilot program unless 

16 the Administrator certifies that the lease will not 

17 have a negative impact on the mission of the Admin18 istrator or the applicable Federal agency. 

19 (3) MAXIMUM NUMBER OF LEASES.—The Ad20 ministrator may enter into not more than 6 leases 

21 under the pilot program during each fiscal year. 

22 (4) DURATION OF LEASES.—The Administrator 

23 may not enter into a lease under the pilot program 

24 with a term of more than 15 years. 

25 (h) REPORTING.— 


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1 (1) ANNUAL REPORTS.—Not later than Janu2 ary 31 of each year, the Administrator shall submit 

3 to the relevant congressional committees a report on 

4 the pilot program, including— 

5 (A) a description of each lease entered into 

6 under the pilot program, including the value of 

7 the lease, the amount of consideration received, 

8 and the use of the consideration received; and 

9 (B) the availability and use of the funds 

10 received under the pilot program for the Ad11 ministrator or the Federal agency engaged in 

12 the lease of nonexcess real property and related 

13 personal property. 

14 (2) FINAL REPORT.—Not later than September 

15 30, 2024, the Administrator shall submit to the rel16 evant congressional committees a final report on the 

17 pilot program, including a recommendation on 

18 whether the pilot program should be extended. 

19 (i) DURATION.— 

20 (1) IN GENERAL.—The authority to enter into 

21 leases under the pilot program shall expire on Sep22 tember 30, 2024. 

23 (2) SAVINGS PROVISION.—The expiration under 

24 this subsection of authority to enter into leases 

25 under the pilot program shall not affect the validity 


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1 or term of leases or the retention of proceeds by the 

2 Federal agency from leases entered into under the 

3 pilot program before the expiration of the authority. 

Æ 


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