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