United States 118th Congress Status: Passed Senate 1 D cosponsors

S 211 — SMART Leasing Act

Last action — Held at the desk.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Saving Money and Accelerating Repairs Through Leasing Act or the SMART Leasing Act This bill authorizes the General Services Administration (GSA) to establish a pilot program that allows federal agencies to lease underutilized properties with GSA approval and to use the rent payments to reduce the deficit and help fund capital projects and facilities maintenance. The GSA may not enter into a lease unless it certifies that the lease will not have a negative impact on its mission or that of the applicable federal agency. The bill provides for a maximum of six leases under the program during each fiscal year, with a term of up to 15 years. Of collected funds that are not used to cover costs in connection with the lease, 50% shall be deposited in a working capital account and remain available until expended for maintenance, capital revitalization, and improvements, and 50% deposited in the Treasury's general fund for deficit reduction. The GSA may not enter into a lease under the pilot program with any individual or entity that intends to carry out, under the lease, activities that are illegal to conduct in federal facilities or under federal law or activities for which federal funding is prohibited; is a political organization; is owned, operated, or controlled by a foreign government; or received any federal grant, contract, or award from the applicable federal agency engaged in the lease that is still in the performance period. No lease entered into under the pilot program may be used to carry out lobbying activities.

Bill Text

What changed in the latest version

8 added · 127 removed

Plain-language change summary

The revised version of the bill removes the short title and the definitions for terms related to the enhanced use lease pilot program. This change means that the specific details about the program's title and definitions no longer appear in the text of the bill.

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Latest
211 Reported in Senate (RS)] <DOC> Calendar No.
211 Engrossed in Senate (ES)] <DOC> 118th CONGRESS 2d Session S.
81 118th CONGRESS 1st Session S.
211 _______________________________________________________________________ AN ACT To authorize the Administrator of General Services to establish an enhanced use lease pilot program, and for other purposes.
211 [Report No.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
118-35] 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 February 1, 2023 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 May 30, 2023 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Saving Money and Accelerating Repairs Through Leasing Act'' or the ``SMART Leasing Act''.</DELETED> <DELETED>SEC.
2.
ENHANCED USE LEASE PILOT PROGRAM.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Administrator.--The term ``Administrator'' means the Administrator of General Services.</DELETED> <DELETED> (2) Pilot program.--The term ``pilot program'' means the enhanced use lease pilot program established under subsection (b).</DELETED> <DELETED> (3) Relevant congressional committees.--The term ``relevant congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Homeland Security and Governmental Affairs of the Senate;</DELETED> <DELETED> (B) the Committee on Environment and Public Works of the Senate;</DELETED> <DELETED> (C) the Committee on Oversight and Accountability of the House of Representatives;
and</DELETED> <DELETED> (D) the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED> (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.</DELETED> <DELETED> (c) Monetary Consideration.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Utilization.--</DELETED> <DELETED> (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 Administration in connection with the lease.</DELETED> <DELETED> (B) Capital revitalization and improvements.--Any amounts of monetary consideration received under this subsection that are not used in accordance with subparagraph (A) shall--</DELETED> <DELETED> (i) be deposited in a working capital account to be established by the Federal agency engaged in the lease of the property;
and</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (g) Lease Restrictions.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (3) Maximum number of leases.--The Administrator may enter into not more than 6 leases under the pilot program during each fiscal year.</DELETED> <DELETED> (4) Duration of leases.--The Administrator may not enter into a lease under the pilot program with a term of more than 15 years.</DELETED> <DELETED> (h) Reporting.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (i) Duration.--</DELETED> <DELETED> (1) In general.--The authority to enter into leases under the pilot program shall expire on the date that is years after the date of enactment of this Act.</DELETED> <DELETED> (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.</DELETED> SECTION 1.
Calendar No.
Passed the Senate August 1, 2024.
81 118th CONGRESS 1st Session S.
Attest:
211 [Report No.
Secretary.
118-35] _______________________________________________________________________ A BILL To authorize the Administrator of General Services to establish an enhanced use lease pilot program, and for other purposes.
118th CONGRESS 2d Session S.
_______________________________________________________________________ May 30, 2023 Reported with an amendment
211 _______________________________________________________________________ AN ACT To authorize the Administrator of General Services to establish an enhanced use lease pilot program, and for other purposes.
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What Congress says this changes

S. Rept. 118-35

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

The committee states that this bill does not amend existing law. (S. Rept. 118-35)

Source: S. Rept. 118-35 · govinfo

Action History

  1. Received in the House.

  2. Held at the desk.

  3. Message on Senate action sent to the House.

  4. Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5835-5836; text: CR S5835-5836)

  5. Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5835-5836; text: CR S5835-5836)

  6. Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-35.

  7. Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 118-35.

  8. Placed on Senate Legislative Calendar under General Orders. Calendar No. 81.

  9. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  10. Introduced in Senate

  11. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 211 do?
Saving Money and Accelerating Repairs Through Leasing Act or the SMART Leasing Act This bill authorizes the General Services Administration (GSA) to establish a pilot program that allows federal agencies to lease underutilized properties with GSA approval and to use the rent payments to reduce the deficit and help fund capital projects and facilities maintenance. The GSA may not enter into a lease unless it certifies that the lease will not have a negative impact on its mission or that of the applicable federal agency. The bill provides for a maximum of six leases under the program during each fiscal year, with a term of up to 15 years. Of collected funds that are not used to cover costs in connection with the lease, 50% shall be deposited in a working capital account and remain available until expended for maintenance, capital revitalization, and improvements, and 50% deposited in the Treasury's general fund for deficit reduction. The GSA may not enter into a lease under the pilot program with any individual or entity that intends to carry out, under the lease, activities that are illegal to conduct in federal facilities or under federal law or activities for which federal funding is prohibited; is a political organization; is owned, operated, or controlled by a foreign government; or received any federal grant, contract, or award from the applicable federal agency engaged in the lease that is still in the performance period. No lease entered into under the pilot program may be used to carry out lobbying activities.
Who sponsors S 211?
S 211 is sponsored by Peters, Gary C. (Democratic).
What is the current status of S 211?
This bill died with 118th Congress. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 211?
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