S.Amdt. 2749

SA 2749. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle D of title XXVIII, add the
following:

SEC. 2838. AUTHORITY FOR LEASING REAL PROPERTY AT NAVAL AIR
STATION KEY WEST, FLORIDA.

(a) Authority.--The Secretary of the Navy may lease
approximately 19 acres at Naval Air Station (NAS) Key West,
Florida, for the purpose of constructing, operating,
improving, and maintaining housing upon such terms and
conditions as the Secretary considers will promote the
national defense or to be in the public interest.
(b) Conditions.--A lease under subsection (a)--
(1) may not be for more than 50 years, unless the Secretary
determines that a lease for a longer period is necessary to
meet the purpose of the lease identified in subsection (a);
(2) may give the lessee the first right to buy the property
if the lease is revoked to allow the United States to sell or
transfer the property under any other provision of law;
(3) may authorize the lessee to construct facilities on the
property and to demolish or alter existing facilities;
(4) may be for cash, or in-kind consideration as set forth
in subsection (c);
(5) may not provide for a leaseback by the Secretary or
otherwise commit the Secretary or the Department of the Navy
to any payment with respect to the property; and
(6) may allow for reduced rents for qualified civilian
employees of the United States Government as determined by
the Secretary, as set forth in subsection (c).
(c) In-kind Consideration.--In-kind consideration will be
acceptable as partial or total consideration for the lease
and may be provided in the form of reduced rents or any other
form of in-kind consideration acceptable under section 2667
of title 10, United

[[Page S3714]]

States Code. The value of reduced rents as in-kind
consideration shall be based on the difference between the
market rent of a housing unit constructed by the lessee on
the leased premises and the reduced rent offered by the
lessee to a qualified civilian employee as determined by the
Secretary.
(d) Deposit and Use of Proceeds.--The Secretary shall
deposit and use any cash proceeds from the lease under this
section as prescribed in section 2667 of title 10, United
States Code.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under this section as the Secretary considers
appropriate to protect the interests of the United States.
(f) Inapplicability of Section 2662 of Title 10.--The
authority under this section is specifically exempt from the
notice and wait process required by section 2662 of title 10,
United States Code.
(g) Inapplicability of Section 2696 of Title 10.--The
authority under this section is specifically exempt from the
screening process required by section 2696(b) of title 10,
United States Code.
(h) Rule of Construction.--Nothing in this section shall be
construed to violate section 5536 of title 5, United States
Code.
(i) Inapplicability of Title V of McKinney-Vento Homeless
Assistance Act.--The authority under this section is
specifically exempt from the screening process required by
title V of the McKinney-Vento Homeless Assistance Act of 1987
(42 U.S.C. 11411 et seq.).
(j) Inapplicability of Randolph-Sheppard Act.--The
authority under this section is specifically exempt from the
requirements of the Randolph-Sheppard Act (20 U.S.C. 107 et
seq).
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