[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3880 Introduced in Senate (IS)]

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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

_______________________________________________________________________

                                 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,

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 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:

``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.''.
            (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)''.
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