S.Amdt. 1093

SA 1093. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055,
making appropriations for the Departments of Commerce and Justice,
Science, and Related Agencies for the fiscal year ending September 30,
2020, and for other purposes; which was ordered to lie on the table; as
follows:

On page 26, between lines 8 and 9, insert the following:
Sec. 111. (a) Notwithstanding any other provision of law,
in fiscal year 2020 and each fiscal year thereafter, the
Administrator of the National Oceanic and Atmospheric
Administration may execute noncompetitive leases and co-
location agreements for real property and incidental goods
and services with entities described in subsection (b) for
periods of not more than 30 years, if each such lease or
agreement is supported by a price reasonableness analysis.
(b) An entity described in this subsection is--
(1) the government of any State, territory, possession, or
locality in the United States;
(2) any Tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304));
(3) any subdivision of a government described in paragraph
(1) or an organization described in paragraph (2); or
(4) any organization that is--
(A) organized under the laws of the United States or any
jurisdiction within the United States; and
(B) described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
Code.
(c) The obligation of amounts for leases and agreements
executed under subsection (a) is limited to the fiscal year
for which payments are due, without regard to sections
1341(a)(1), 1501(a)(1), 1502(a), and 1517(a) of title 31,
United States Code.
(d) Upon the execution of a lease or agreement authorized
by subsection (a) with an entity, the Administrator may enter
into agreements with the entity to collaborate or engage in
projects or programs on matters of mutual interest for
periods not to exceed the term of the lease or agreement. The
cost of such agreements shall be apportioned equitably, as
determined by the Administrator.
Sec. 112. (a) Notwithstanding the requirements of title 40,
United States Code, in fiscal year 2020 and each fiscal year
thereafter, the Secretary of Commerce, through the
Administrator of the National Oceanic and Atmospheric
Administration, may convey, by sale or otherwise, all right,
title, and interest of the United States in real property
that is under the custody and control and administrative
jurisdiction of the Administration, including any
improvements thereon, after the Secretary has determined that
the real property is excess or that the conveyance is in the
best interest of the Department.
(b) A conveyance authorized under subsection (a) shall be
subject to such terms, conditions, and reservations as the
Administrator determines to be necessary to protect the
public interest and meet program requirements.
(c)(1) As consideration for a conveyance authorized under
subsection (a), the purchaser shall pay the United States an
amount, or transfer other real property or provide leased
space, and incidental goods and services, or any combination
thereof, to the National Oceanic and Atmospheric
Administration, that is at least equal to the fair market
value of the property being conveyed, as determined by the
Administrator.
(2) The obligation of amounts for any lease under paragraph
(1) is limited to the fiscal year for which payments are due,
without regard to sections 1341(a)(1), 1501(a)(1), 1502(a),
and 1517(a) of title 31, United States Code.

[[Page S6169]]

(d) Proceeds received by the United States from a
conveyance under this section shall--
(1) be deposited in the Procurement, Acquisition, and
Construction account or the Operations, Research, and
Facilities account of the National Oceanic and Atmospheric
Administration, as determined by the Administrator; and
(2) be available to the Administrator, notwithstanding any
other provision of law, until expended and without further
appropriation, to pay for costs incurred to effectuate the
conveyance, for related relocation and lease costs, and for
the acquisition of, or construction, remediation, repair,
alteration, or improvement of, any real property of the
National Oceanic and Atmospheric Administration.
Sec. 113.  The Administrator of the National Oceanic and
Atmospheric Administration is authorized to acquire land, or
interests therein, for which amounts have been appropriated.
______