Amendments to the Federal Assets Sale and Transfer Act of 2016

(a)

Purposes

Section 2 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—(1)in paragraph (9), by striking and at the end;(2)in paragraph (10), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:

(11)implementing innovative methods for the sale, redevelopment, consolidation, or lease of Federal buildings and facilities, including the use of no cost, nonappropriated contracts for expert real estate services to obtain the highest and best value for the taxpayer.

(b)

Definitions

Section 3(5)(B)(viii) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by inserting , other than office buildings and warehouses, after Properties.(c)

Board meetings

Section 5(b) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking Five Board members and inserting 4 Board members.(d)

Executive Director

Section 7 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by adding at the end the following:

(c)

Return to civil service

An Executive Director selected from the civil service (as defined in section 2101 of title 5, United States Code) shall be entitled to return to the civil service (as so defined) after service to the Board ends if the service of the Executive Director to the Board ends for reasons other than misconduct, neglect of duty, or malfeasance.

(e)

Staff

Section 8 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—(1)in subsection (b)—(A)by striking and the Director of OMB; and(B)by inserting for a period of not less than 1 year before to assist the Board;(2)by redesignating subsection (c) as subsection (d); and(3)by inserting after subsection (b) the following:

(c)

Hiring of term employees

The Executive Director, with approval of the Board, may use the Office of Personnel Management to hire employees for terms not to exceed 2 years pursuant to the Office of Personnel Management guidance for nonstatus appointments in the competitive service.

(f)

Termination

Section 10 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking 6 years after the date on which the Board members are appointed pursuant to section 4 and inserting on December 31, 2026.(g)

Development of recommendations to Board

Section 11 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by striking the Administrator and the Director of OMB and inserting the Administrator, the Director of OMB, and the Board;(B)in paragraph (1)—(i)by striking and square and inserting number of Federal employees physically reporting to the respective property each work day, square; and(ii)by inserting , amount of acreage associated with the respective property, and whether the respective property is on a campus or larger facility before the period at the end; and(C)by adding at the end the following:

(3)

Consolidation plans

Any Federal agency plans to consolidate, reconfigure, or otherwise reduce the use of owned and leased Federal civilian real property of the Federal agency.

; and

(2)in subsection (b)(3)(J), by inserting , including access by members of federally recognized Indian Tribes, after public access.(h)

Board duties

Section 12 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—(1)in subsection (b)(2), by striking the second sentence and inserting the following: In the case of a failure by a Federal agency to comply with a request of the Board, the Board shall notify the committees listed in section 5(c), the relevant congressional committees of jurisdiction for the Federal agency, and the inspector general of the Federal agency of that failure.;(2)in subsection (d)—(A)in paragraph (1), by inserting , Tribal, after State; and(B)in paragraph (2), by inserting , Tribal, after State;(3)by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;(4)by inserting after subsection (c) the following:

(d)

Preparation of properties for disposal

At the request of, and in coordination with, the Board, a Federal agency may undertake any analyses and due diligence as necessary to prepare a property for disposition so that the property may be included in the recommendations of the Board under subsection (h), including completion of the requirements of section 306108 of title 54, United States Code, for historic preservation and identification of the likely highest and best use of the property subsequent to disposition.

;

(5)in subsection (h) (as so redesignated)—(A)in paragraph (1)—(i)in subparagraph (A), by striking and at the end;(ii)by redesignating subparagraph (B) as subparagraph (C); and(iii)by inserting after subparagraph (A) the following:

(B)the process to be followed by Federal agencies to carry out the actions described in subparagraph (A), including the use of no cost, nonappropriated contracts for expert real estate services and other innovative methods, to obtain the highest and best value for the taxpayer; and

; and

(B)in paragraph (2), by adding at the end the following:

(C)

Third round

During the period beginning on the day after the transmittal of the second report and ending on the day before the date on which the Board terminates under section 10, the Board shall transmit to the Director of OMB a third report required under paragraph (1).

; and

(C)by adding at the end the following:

(4)

Community notification

7 days before the date on which the Board transmits the third report required under paragraph (1), the Board shall notify—(A)any State or local government of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property located in the State or locality, as applicable; and(B)any federally recognized Indian Tribe of any findings, conclusions, or recommendations contained in that report that relate to a Federal civilian real property that—(i)is in close geographic proximity to a property described in section 3(5)(B)(v); or(ii)relates to a Federal civilian real property that is known to be accessed at regular frequency by members of the federally recognized Indian Tribe for other reasons.

; and

(6)by adding at the end the following:

(k)

Report to Congress

The Board shall periodically submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing any recommendations on consolidations, exchanges, sales, lease reductions, and redevelopments that are not included in the transmissions submitted under subsection (h), or approved by the Director of OMB under section 13, but that the majority of the Board concludes meets the goals of this Act.

(i)

Review by OMB

Section 13 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended—(1)in subsection (a), by striking subsections (b) and (g) and inserting subsections (b) and (h); and(2)in subsection (c)(4)—(A)by inserting , in whole or in part, before received under paragraph (3); and(B)by striking revised the second place it appears.(j)

Agency retention of records

Section 20 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking subsection (b) and inserting the following:

(b)

Effective date

The provisions of this section, including the amendments made by this section, shall take effect on the date on which the Board transmits the second report under section 12(h)(2)(B) and shall apply to proceeds from—(1)transactions contained in that report; and(2)any transactions conducted after the date on which the Board terminates under section 10.

(k)

Federal real property database

Section 21(b) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by adding at the end the following:

(9)(A)Whether the Federal real property is on a campus or similar facility; and(B)if applicable, identification of the campus or facility and related details, including total acreage of the campus or facility.

(l)

Access to Federal Real Property Council meetings and reports

(1)

In general

The Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by adding at the end the following:

26.

Access to Federal Real Property Council meetings and reports

The Federal Real Property Council established by subsection (a) of section 623 of title 40, United States Code, shall ensure that the Board has access to any meetings of the Federal Real Property Council and any reports required under that section.

(2)

Clerical amendment

The table of contents in section 1(b) of the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287; 130 Stat. 1463) is amended by inserting after the item relating to section 25 the following:

Sec. 26. Access to Federal Real Property Council meetings and reports.

(m)

Conforming amendments

(1)Section 3(9) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking section 12(e) and inserting section 12(f).(2)Section 14(g)(1)(A) of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287) is amended by striking section 12(g) and inserting section 12(h).