[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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