[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5373-S5374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3072. Mr. CRAMER (for himself and Mr. Kelly) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 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 H of title X, add the following:

     SEC. 1095. 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.--Section 4(c)(3) of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended--
       (1) by striking ``The term'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), the term''; 
     and
       (2) by adding at the end the following:
       ``(B) Limitation.--Notwithstanding subparagraph (A), the 
     term of a member of the Board shall continue beyond 6 years 
     until such time as the President appoints a replacement 
     member of the Board.''.
       (d) 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''.
       (e) 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.''.
       (f) 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.''.
       (g) 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''.
       (h) 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, other than Federal civilian 
     real properties excluded for reasons of national security in 
     accordance with section 3(5)(B)(iii)'' 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 if those plans are estimated to further the 
     purposes of this Act as described in section 2.'';
       (2) in subsection (b)(3)(J), by inserting ``, including 
     access by members of federally recognized Indian Tribes,'' 
     after ``public access''; and
       (3) by adding at the end the following:
       ``(e) Disclosure of Information.--The Board may not 
     publicly disclose any information received under paragraph 
     (2) or (3) of subsection (a) until the Board, the 
     Administrator, and the Director of OMB enter into an 
     agreement describing what information is ready to be publicly 
     disclosed.''.
       (i) 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 supplement the independent analysis of the 
     Board under subsection (c), 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

[[Page S5374]]

     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.--45 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.''.
       (j) 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.
       (k) 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.''.
       (l) 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.''.
       (m) 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:

     ``SEC. 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, subject to the condition that the Board 
     enters into a memorandum of understanding relating to public 
     disclosure with the Administrator and the Federal Real 
     Property Council before the Board has access to those 
     meetings and reports.''.
       (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.''.
       (n) 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)''.
       (o) Technical Amendments.--
       (1) Section 16(b)(1) of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended, in the second sentence, by striking ``of 
     General Services''.
       (2) Section 21(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 ``of General Services''.
       (3) Section 24 of the Federal Assets Sale and Transfer Act 
     of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended, 
     in each of subsections (a), (b), and (c), by striking ``of 
     General Services''.
       (4) Section 25(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 ``of General Services''.
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