SA 3681. Mr. CARDIN (for himself and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VII, add the following:
SEC. 73__. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
Title III of the Department of Agriculture Reorganization Act of 1994 is amended by adding after section 309 (as added by section 7402) the following:
``SEC. 310. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
``(a) Establishment.--To enhance the use of real property administered by agencies of the Department, the Secretary may establish a pilot program, in accordance with this section, at the Henry A. Wallace Beltsville Agricultural Research Center of the Agricultural Research Service and the National Agricultural Library to lease property of the Center or the Library to any individual or entity, including agencies or instrumentalities of State or local governments.
``(b) Requirements.--
``(1) IN GENERAL.--Notwithstanding chapter 5 of subtitle I of title 40, United States Code, the Secretary may lease real property at the Beltsville Agricultural Research Center or the National Agricultural Library in accordance with such terms and conditions as the Secretary may prescribe, if the Secretary determines that the lease--
``(A) is consistent with, and will not adversely affect, the mission of the Department agency administering the property;
``(B) will enhance the use of the property;
``(C) will not permit any portion of Department agency property or any facility of the Department to be used for retail, wholesale, commercial, or residential development;
``(D) will not provide authority for the development or improvement of any new property or facility by any Department agency; and
``(E) will not include any property or facility required for any Department agency purpose without prior written authority.
``(2) TERM.--The term of the lease under this section shall not exceed 50 years.
``(3) CONSIDERATION.--
``(A) IN GENERAL.--Consideration provided for a lease under this section shall be--
``(i) in an amount equal to fair market value, as determined by the Secretary; and
``(ii) in the form of cash.
``(B) USE OF FUNDS.--
``(i) IN GENERAL.--Consideration provided for a lease under this section shall be--
``(I) deposited in a capital asset account to be established by the Secretary; and
``(II) available until expended, without further appropriation, for maintenance, capital revitalization, and improvements of the Department properties and facilities covered by the lease.
``(ii) BUDGETARY TREATMENT.--For purposes of the budget, the amounts described in clause (i) shall not be treated as a receipt of any Department agency or any other agency leasing property under this section.
``(4) COSTS.--The lessee shall cover all costs associated with a lease under this section, including the cost of--
``(A) the project to be carried out on property or at a facility covered by the lease;
``(B) provision and administration of the lease;
``(C) construction of any applicable real property;
``(D) provision of applicable utilities; and
``(E) any other facility cost normally associated with the operation of a leased facility.
``(5) PROHIBITION OF USE OF APPROPRIATIONS.--The Secretary shall not use any funds made available to the Secretary in an appropriations Act for the construction or operating costs of any property or facility covered by a lease under this section.
``(c) Effect of Other Laws.--
``(1) UTILIZATION.--Property that is leased pursuant to this section shall not be considered to be unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411).
``(2) DISPOSAL.--Property at the Beltsville Agricultural Research Center or the National Agricultural Library that is leased pursuant to this section shall not be considered to be disposed of by sale, lease, rental, excessing, or surplusing for purposes of section 523 of Public Law 100-202 (101 Stat. 1329-417).
``(d) Reports.--
``(1) FISCAL YEARS 2008 THROUGH 2013.--For each of fiscal years 2008 through 2013, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report describing the implementation of the pilot program under this section during the preceding fiscal year, including--
``(A) a copy of each lease entered into pursuant to this section;
``(B) an assessment by the Secretary of the success of the pilot program in promoting the mission of the Beltsville Agricultural Research Center and the National Agricultural Library; and
``(C) recommendations regarding whether the pilot program should be expanded or improved with respect to other Department activities.
``(2) FISCAL YEAR 2014 AND THEREAFTER.--For fiscal year 2014 and every 5 fiscal years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report described in paragraph (1) relating to the preceding 5-fiscal-year period.''.


(As printed in the Congressional Record for the Senate on Nov 15, 2007.)