[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3880 Reported in Senate (RS)]
<DOC>
Calendar No. 403
118th CONGRESS
2d Session
S. 3880
To amend the Federal Assets Sale and Transfer Act of 2016 to make
improvements to that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2024
Mr. Cramer (for himself and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
May 22, 2024
Reported by Mr. Carper, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Federal Assets Sale and Transfer Act of 2016 to make
improvements to that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``FASTA Reform Act of
2024''.</DELETED>
<DELETED>SEC. 2. AMENDMENTS TO THE FEDERAL ASSETS SALE AND TRANSFER ACT
OF 2016.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (9), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (10), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``and the Director of
OMB''; and</DELETED>
<DELETED> (B) by inserting ``for a period of not
less than 1 year'' before ``to assist the
Board'';</DELETED>
<DELETED> (2) by redesignating subsection (c) as subsection
(d); and</DELETED>
<DELETED> (3) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``and square'' and
inserting ``number of Federal employees
physically reporting to the respective property
each work day, square''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subsection (b)(3)(J), by inserting ``,
including access by members of federally recognized Indian
Tribes,'' after ``public access''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (2) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``,
Tribal,'' after ``State''; and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``,
Tribal,'' after ``State'';</DELETED>
<DELETED> (3) by redesignating subsections (d) through (i)
as subsections (e) through (j), respectively;</DELETED>
<DELETED> (4) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (5) in subsection (h) (as so redesignated)--
</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``and'' at the end;</DELETED>
<DELETED> (ii) by redesignating subparagraph
(B) as subparagraph (C); and</DELETED>
<DELETED> (iii) by inserting after
subparagraph (A) the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) in paragraph (2), by adding at the end
the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) Community notification.--7 days before the
date on which the Board transmits the third report required
under paragraph (1), the Board shall notify--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) is in close geographic
proximity to a property described in section
3(5)(B)(v); or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subsection (a), by striking ``subsections
(b) and (g)'' and inserting ``subsections (b) and (h)'';
and</DELETED>
<DELETED> (2) in subsection (c)(4)--</DELETED>
<DELETED> (A) by inserting ``, in whole or in
part,'' before ``received under paragraph (3)'';
and</DELETED>
<DELETED> (B) by striking ``revised'' the second
place it appears.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) transactions contained in that report;
and</DELETED>
<DELETED> ``(2) any transactions conducted after the date on
which the Board terminates under section 10.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(9)(A) Whether the Federal real property is on a
campus or similar facility; and</DELETED>
<DELETED> ``(B) if applicable, identification of the campus
or facility and related details, including total acreage of the
campus or facility.''.</DELETED>
<DELETED> (l) Access to Federal Real Property Council Meetings and
Reports.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS
AND REPORTS.</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec. 26. Access to Federal Real Property Council meetings
and reports.''.
<DELETED> (m) Conforming Amendments.--</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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)''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FASTA Reform Act of 2024''.
SEC. 2. 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 matt