117TH CONGRESS 

2D SESSION S. 2793 

AN ACT 

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.—A person or entity 

8 entering into a lease under the pilot program shall 

9 provide monetary consideration for the lease at fair 

10 market value, as determined by the Administrator. 

11 (2) UTILIZATION.— 

12 (A) IN GENERAL.—The Administrator may 

13 use monetary consideration received under this 

14 subsection for a lease entered into under the 

15 pilot program to cover the full costs to the Ad16 ministration in connection with the lease. 

17 (B) CAPITAL REVITALIZATION AND IM18 PROVEMENTS.—Any amounts of monetary con19 sideration received under this subsection that 

20 are not used in accordance with subparagraph 

21 (A) shall— 

22 (i) be deposited in a working capital 

23 account to be established by the Federal 

24 agency engaged in the lease of the prop25 erty; and 
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1 (ii) remain available until expended 

2 for maintenance, capital revitalization, and 

3 improvements of the real property assets 

4 and related personal property at the Fed5 eral agency, subject to the concurrence of 

6 the Administrator. 

7 (d) ADDITIONAL TERMS AND CONDITIONS.—The Ad8 ministrator may require such terms and conditions in con9 nection with a lease under the pilot program as the Ad10 ministrator considers appropriate to protect the interests 

11 of the United States. 

12 (e) RELATIONSHIP TO OTHER LEASE AUTHORITY.— 

13 The authority under the pilot program to lease property 

14 under the jurisdiction of the Administrator is in addition 

15 to any other authority under Federal law to lease property 

16 under the jurisdiction of the Administrator. 

17 (f) WAIVER.—A property leased under the pilot pro18 gram shall not be subject to section 501 of the McKinney– 

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

20 leasing the property under such pilot program. 

21 (g) LEASE RESTRICTIONS.— 

22 (1) NO LEASEBACK OR GUARANTEED SERVICE

23 CONTRACT.—The Administrator may not lease back 

24 property under the pilot program during the term of 
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1 the lease or enter into guaranteed service or similar 

2 contracts with the lessee relating to the property. 

3 (2) CERTIFICATION.—The Administrator may 

4 not enter into a lease under the pilot program unless 

5 the Administrator certifies that the lease will not 

6 have a negative impact on the mission of the Admin7 istrator or the applicable Federal agency. 

8 (3) MAXIMUM NUMBER OF LEASES.—The Ad9 ministrator may enter into not more than 6 leases 

10 under the pilot program during each fiscal year. 

11 (4) DURATION OF LEASES.—The Administrator 

12 may not enter into a lease under the pilot program 

13 with a term of more than 15 years. 

14 (h) REPORTING.— 

15 (1) ANNUAL REPORTS.—Not later than Janu16 ary 31 of each year, the Administrator shall submit 

17 to the relevant congressional committees a report on 

18 the pilot program, including— 

19 (A) a description of each lease entered into 

20 under the pilot program, including the value of 

21 the lease, the amount of consideration received, 

22 and the use of the consideration received; and 

23 (B) the availability and use of the funds 

24 received under the pilot program for the Ad25 ministrator or the Federal agency engaged in 
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1 the lease of nonexcess real property and related 

2 personal property. 

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

4 30, 2024, the Administrator shall submit to the rel5 evant congressional committees a final report on the 

6 pilot program, including a recommendation on 

7 whether the pilot program should be extended. 

8 (i) DURATION.— 

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

10 leases under the pilot program shall expire on Sep11 tember 30, 2024. 

12 (2) SAVINGS PROVISION.—The expiration under 

13 this subsection of authority to enter into leases 

14 under the pilot program shall not affect the validity 

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

16 Federal agency from leases entered into under the 

17 pilot program before the expiration of the authority. 

Passed the Senate December 15, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 2793 

AN ACT 

To authorize the Administrator of General Services 

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