II 

Calendar No. 486 

117TH CONGRESS 

2D SESSION S. 2793 

[Report No. 117–147] 

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 

SEPTEMBER 13, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Saving Money and Ac3 celerating Repairs Through Leasing Act’’ or the ‘‘SMART 

4 Leasing Act’’. 

5 SEC. 2. ENHANCED USE LEASE PILOT PROGRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of General Serv9 ices. 

10 (2) PILOT PROGRAM.—The term ‘‘pilot pro11 gram’’ means the enhanced use lease pilot program 

12 established under subsection (b). 

13 (3) RELEVANT CONGRESSIONAL COMMIT14 TEES.—The term ‘‘relevant congressional commit15 tees’’ means— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (B) the Committee on Environment and 

19 Public Works of the Senate; 

20 (C) the Committee on Oversight and Re21 form of the House of Representatives; and 

22 (D) the Committee on Transportation and 

23 Infrastructure of the House of Representatives. 

24 (b) ESTABLISHMENT.—The Administrator may es25 tablish an enhanced use lease pilot program under which 

26 the Administrator may authorize Federal agencies to enter 


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

2 department or agency of the Federal Government or an 

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

4 underutilized nonexcess real property and related personal 

5 property under the jurisdiction of the Administrator. 

6 (c) MONETARY CONSIDERATION.— 

7 (1) FAIR MARKET VALUE.— 

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

9 subparagraph (B), a person or entity entering 

10 into a lease under the pilot program shall pro11 vide monetary consideration for the lease at fair 

12 market value, as determined by the Adminis13 trator. 

14 (B) IN-KIND CONSIDERATION.—The Ad15 ministrator may accept in-kind consideration 

16 for leases entered into under the pilot program 

17 for the purpose of developing renewable energy 

18 production facilities. 

19 (2) UTILIZATION.— 

20 (A) IN GENERAL.—The Administrator may 

21 use monetary consideration received under this 

22 subsection for a lease entered into under the 

23 pilot program to cover the full costs to the Ad24 ministration in connection with the lease. 


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1 (B) CAPITAL REVITALIZATION AND IM2 PROVEMENTS.—Any amounts of monetary con3 sideration received under this subsection that 

4 are not used in accordance with subparagraph 

5 (A) shall— 

6 (i) be deposited in a working capital 

7 account to be established by the Federal 

8 agency engaged in the lease of the prop9 erty; and 

10 (ii) remain available until expended 

11 for maintenance, capital revitalization, and 

12 improvements of the real property assets 

13 and related personal property at the Fed14 eral agency, subject to the concurrence of 

15 the Administrator. 

16 (d) ADDITIONAL TERMS AND CONDITIONS.—The Ad17 ministrator may require such terms and conditions in con18 nection with a lease under the pilot program as the Ad19 ministrator considers appropriate to protect the interests 

20 of the United States. 

21 (e) RELATIONSHIP TO OTHER LEASE AUTHORITY.— 

22 The authority under the pilot program to lease property 

23 under the jurisdiction of the Administrator is in addition 

24 to any other authority under Federal law to lease property 

25 under the jurisdiction of the Administrator. 


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1 (f) WAIVER.—A property leased under the pilot pro2 gram shall not be subject to section 501 of the McKinney3 Vento Homeless Assistance Act (42 U.S.C. 11411) before 

4 leasing the property under such pilot program. 

5 (g) LEASE RESTRICTIONS.— 

6 (1) NO LEASEBACK OR GUARANTEED SERVICE

7 CONTRACT.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the Administrator may not lease 

10 back property under the pilot program during 

11 the term of the lease or enter into guaranteed 

12 service or similar contracts with the lessee re13 lating to the property. 

14 (B) IN-KIND CONSIDERATION LEASES.— 

15 Subparagraph (A) shall not apply to property 

16 under a lease under the pilot program in which 

17 the Administrator received in-kind consideration 

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

19 (2) CERTIFICATION.—The Administrator may 

20 not enter into a lease under the pilot program unless 

21 the Administrator certifies that the lease will not 

22 have a negative impact on the mission of the Admin23 istrator or the applicable Federal agency. 


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1 (3) MAXIMUM NUMBER OF LEASES.—The Ad2 ministrator may enter into not more than 6 leases 

3 under the pilot program during each fiscal year. 

4 (4) DURATION OF LEASES.—The Administrator 

5 may not enter into a lease under the pilot program 

6 with a term of more than 15 years. 

7 (h) REPORTING.— 

8 (1) ANNUAL REPORTS.—Not later than Janu9 ary 31 of each year, the Administrator shall submit 

10 to the relevant congressional committees a report on 

11 the pilot program, including— 

12 (A) a description of each lease entered into 

13 under the pilot program, including the value of 

14 the lease, the amount of consideration received, 

15 and the use of the consideration received; and 

16 (B) the availability and use of the funds 

17 received under the pilot program for the Ad18 ministrator or the Federal agency engaged in 

19 the lease of nonexcess real property and related 

20 personal property. 

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

22 30, 2024, the Administrator shall submit to the rel23 evant congressional committees a final report on the 

24 pilot program, including a recommendation on 

25 whether the pilot program should be extended. 


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1 (i) DURATION.— 

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

3 leases under the pilot program shall expire on Sep4 tember 30, 2024. 

5 (2) SAVINGS PROVISION.—The expiration under 

6 this subsection of authority to enter into leases 

7 under the pilot program shall not affect the validity 

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

9 Federal agency from leases entered into under the 

10 pilot program before the expiration of the authority. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Saving Money and Ac13 celerating Repairs Through Leasing Act’’ or the ‘‘SMART 

14 Leasing Act’’. 

15 SEC. 2. ENHANCED USE LEASE PILOT PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of General Services. 

19 (2) PILOT PROGRAM.—The term ‘‘pilot program’’ 

20 means the enhanced use lease pilot program estab21 lished under subsection (b). 

22 (3) RELEVANT CONGRESSIONAL COMMITTEES.— 

23 The term ‘‘relevant congressional committees’’ 

24 means— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (B) the Committee on Environment and 

4 Public Works of the Senate; 

5 (C) the Committee on Oversight and Reform 

6 of the House of Representatives; and 

7 (D) the Committee on Transportation and 

8 Infrastructure of the House of Representatives. 

9 (b) ESTABLISHMENT.—The Administrator may estab10 lish an enhanced use lease pilot program under which the 

11 Administrator may authorize Federal agencies to enter into 

12 a lease with any person or entity (including another de13 partment or agency of the Federal Government or an entity 

14 of a State or local government) with regard to any under15 utilized nonexcess real property and related personal prop16 erty under the jurisdiction of the Administrator. 

17 (c) MONETARY CONSIDERATION.— 

18 (1) FAIR MARKET VALUE.—A person or entity 

19 entering into a lease under the pilot program shall 

20 provide monetary consideration for the lease at fair 

21 market value, as determined by the Administrator. 

22 (2) UTILIZATION.— 

23 (A) IN GENERAL.—The Administrator may 

24 use monetary consideration received under this 

25 subsection for a lease entered into under the pilot 


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1 program to cover the full costs to the Adminis2 tration in connection with the lease. 

3 (B) CAPITAL REVITALIZATION AND IM4 PROVEMENTS.—Any amounts of monetary con5 sideration received under this subsection that are 

6 not used in accordance with subparagraph (A) 

7 shall— 

8 (i) be deposited in a working capital 

9 account to be established by the Federal 

10 agency engaged in the lease of the property; 

11 and 

12 (ii) remain available until expended 

13 for maintenance, capital revitalization, and 

14 improvements of the real property assets 

15 and related personal property at the Fed16 eral agency, subject to the concurrence of the 

17 Administrator. 

18 (d) ADDITIONAL TERMS AND CONDITIONS.—The Ad19 ministrator may require such terms and conditions in con20 nection with a lease under the pilot program as the Admin21 istrator considers appropriate to protect the interests of the 

22 United States. 

23 (e) RELATIONSHIP TO OTHER LEASE AUTHORITY.— 

24 The authority under the pilot program to lease property 

25 under the jurisdiction of the Administrator is in addition 


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1 to any other authority under Federal law to lease property 

2 under the jurisdiction of the Administrator. 

3 (f) WAIVER.—A property leased under the pilot pro4 gram shall not be subject to section 501 of the McKinney– 

5 Vento Homeless Assistance Act (42 U.S.C. 11411) before 

6 leasing the property under such pilot program. 

7 (g) LEASE RESTRICTIONS.— 

8 (1) NO LEASEBACK OR GUARANTEED SERVICE

9 CONTRACT.—The Administrator may not lease back 

10 property under the pilot program during the term of 

11 the lease or enter into guaranteed service or similar 

12 contracts with the lessee relating to the property. 

13 (2) CERTIFICATION.—The Administrator may 

14 not enter into a lease under the pilot program unless 

15 the Administrator certifies that the lease will not have 

16 a negative impact on the mission of the Adminis17 trator or the applicable Federal agency. 

18 (3) MAXIMUM NUMBER OF LEASES.—The Admin19 istrator may enter into not more than 6 leases under 

20 the pilot program during each fiscal year. 

21 (4) DURATION OF LEASES.—The Administrator 

22 may not enter into a lease under the pilot program 

23 with a term of more than 15 years. 

24 (h) REPORTING.— 


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1 (1) ANNUAL REPORTS.—Not later than January 

2 31 of each year, the Administrator shall submit to the 

3 relevant congressional committees a report on the 

4 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 re10 ceived under the pilot program for the Adminis11 trator or the Federal agency engaged in the lease 

12 of nonexcess real property and related personal 

13 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 under 

25 the pilot program shall not affect the validity or term 


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1 of leases or the retention of proceeds by the Federal 

2 agency from leases entered into under the pilot pro3 gram before the expiration of the authority. 


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Calendar No. 486 

117TH CONGRESS 

2ND SESSION S. 2793 

[Report No. 117–147] 

A BILL 

To authorize the Administrator of General Services 

and for other purposes. to establish an enhanced use lease pilot program, 

SEPTEMBER 13, 2022 

Reported with an amendment 


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