S. 3880 — Reported in Senate

II Calendar No. 403 118th CONGRESS 2d Session S. 3880 IN THE SENATE OF THE UNITED STATES March 6, 2024Mr. 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, 2024Reported by Mr. Carper, with an amendmentStrike 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. 1. Short title This Act may be cited as the FASTA Reform Act of 2024. 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: 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). 1. Short title This Act may be cited as the FASTA Reform Act of 2024. 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 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 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: 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. May 22, 2024Reported with an amendment