II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FASTA Reform Act 

5 of 2024’’. 


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1 SEC. 2. AMENDMENTS TO THE FEDERAL ASSETS SALE AND 

2 TRANSFER ACT OF 2016. 

3 (a) PURPOSES.—Section 2 of the Federal Assets Sale 

4 and Transfer Act of 2016 (40 U.S.C. 1303 note; Public 

5 Law 114–287) is amended— 

6 (1) in paragraph (9), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (10), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(11) implementing innovative methods for the 

12 sale, redevelopment, consolidation, or lease of Fed13 eral buildings and facilities, including the use of no 

14 cost, nonappropriated contracts for expert real es15 tate services to obtain the highest and best value for 

16 the taxpayer.’’. 

17 (b) DEFINITIONS.—Section 3(5)(B)(viii) of the Fed18 eral Assets Sale and Transfer Act of 2016 (40 U.S.C. 

19 1303 note; Public Law 114–287) is amended by inserting 

20 ‘‘, other than office buildings and warehouses,’’ after 

21 ‘‘Properties’’. 

22 (c) BOARD MEETINGS.—Section 5(b) of the Federal 

23 Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 

24 note; Public Law 114–287) is amended by striking ‘‘Five 

25 Board members’’ and inserting ‘‘4 Board members’’. 


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1 (d) EXECUTIVE DIRECTOR.—Section 7 of the Fed2 eral Assets Sale and Transfer Act of 2016 (40 U.S.C. 

3 1303 note; Public Law 114–287) is amended by adding 

4 at the end the following: 

5 ‘‘(c) RETURN TO CIVIL SERVICE.—An Executive Di6 rector selected from the civil service (as defined in section 

7 2101 of title 5, United States Code) shall be entitled to 

8 return to the civil service (as so defined) after service to 

9 the Board ends if the service of the Executive Director 

10 to the Board ends for reasons other than misconduct, ne11 glect of duty, or malfeasance.’’. 

12 (e) STAFF.—Section 8 of the Federal Assets Sale and 

13 Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 

14 114–287) is amended— 

15 (1) in subsection (b)— 

16 (A) by striking ‘‘and the Director of 

17 OMB’’; and 

18 (B) by inserting ‘‘for a period of not less 

19 than 1 year’’ before ‘‘to assist the Board’’; 

20 (2) by redesignating subsection (c) as sub21 section (d); and 

22 (3) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) HIRING OF TERM EMPLOYEES.—The Executive 

25 Director, with approval of the Board, may use the Office 


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1 of Personnel Management to hire employees for terms not 

2 to exceed 2 years pursuant to the Office of Personnel 

3 Management guidance for nonstatus appointments in the 

4 competitive service.’’. 

5 (f) TERMINATION.—Section 10 of the Federal Assets 

6 Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; 

7 Public Law 114–287) is amended by striking ‘‘6 years 

8 after the date on which the Board members are appointed 

9 pursuant to section 4’’ and inserting ‘‘on December 31, 

10 2026’’. 

11 (g) DEVELOPMENT OF RECOMMENDATIONS TO

12 BOARD.—Section 11 of the Federal Assets Sale and 

13 Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 

14 114–287) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘the Administrator and the Director 

18 of OMB’’ and inserting ‘‘the Administrator, the 

19 Director of OMB, and the Board’’; 

20 (B) in paragraph (1)— 

21 (i) by striking ‘‘and square’’ and in22 serting ‘‘number of Federal employees 

23 physically reporting to the respective prop24 erty each work day, square’’; and 


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1 (ii) by inserting ‘‘, amount of acreage 

2 associated with the respective property, 

3 and whether the respective property is on 

4 a campus or larger facility’’ before the pe5 riod at the end; and 

6 (C) by adding at the end the following: 

7 ‘‘(3) CONSOLIDATION PLANS.—Any Federal 

8 agency plans to consolidate, reconfigure, or other9 wise reduce the use of owned and leased Federal ci10 vilian real property of the Federal agency.’’; and 

11 (2) in subsection (b)(3)(J), by inserting ‘‘, in12 cluding access by members of federally recognized 

13 Indian Tribes,’’ after ‘‘public access’’. 

14 (h) BOARD DUTIES.—Section 12 of the Federal As15 sets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; 

16 Public Law 114–287) is amended— 

17 (1) in subsection (b)(2), by striking the second 

18 sentence and inserting the following: ‘‘In the case of 

19 a failure by a Federal agency to comply with a re20 quest of the Board, the Board shall notify the com21 mittees listed in section 5(c), the relevant congres22 sional committees of jurisdiction for the Federal 

23 agency, and the inspector general of the Federal 

24 agency of that failure.’’; 

25 (2) in subsection (d)— 


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1 (A) in paragraph (1), by inserting ‘‘, Trib2 al,’’ after ‘‘State’’; and 

3 (B) in paragraph (2), by inserting ‘‘, Trib4 al,’’ after ‘‘State’’; 

5 (3) by redesignating subsections (d) through (i) 

6 as subsections (e) through (j), respectively; 

7 (4) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) PREPARATION OF PROPERTIES FOR DIS10 POSAL.—At the request of, and in coordination with, the 

11 Board, a Federal agency may undertake any analyses and 

12 due diligence as necessary to prepare a property for dis13 position so that the property may be included in the rec14 ommendations of the Board under subsection (h), includ15 ing completion of the requirements of section 306108 of 

16 title 54, United States Code, for historic preservation and 

17 identification of the likely highest and best use of the 

18 property subsequent to disposition.’’; 

19 (5) in subsection (h) (as so redesignated)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘and’’ at the end; 

23 (ii) by redesignating subparagraph 

24 (B) as subparagraph (C); and 


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1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) the process to be followed by Federal 

4 agencies to carry out the actions described in 

5 subparagraph (A), including the use of no cost, 

6 nonappropriated contracts for expert real estate 

7 services and other innovative methods, to obtain 

8 the highest and best value for the taxpayer; 

9 and’’; and 

10 (B) in paragraph (2), by adding at the end 

11 the following: 

12 ‘‘(C) THIRD ROUND.—During the period 

13 beginning on the day after the transmittal of 

14 the second report and ending on the day before 

15 the date on which the Board terminates under 

16 section 10, the Board shall transmit to the Di17 rector of OMB a third report required under 

18 paragraph (1).’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(4) COMMUNITY NOTIFICATION.—7 days be21 fore the date on which the Board transmits the third 

22 report required under paragraph (1), the Board 

23 shall notify— 

24 ‘‘(A) any State or local government of any 

25 findings, conclusions, or recommendations conVerDate Sep 11 2014 06:20 Mar 12, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3880.IS S3880

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1 tained in that report that relate to a Federal ci2 vilian real property located in the State or local3 ity, as applicable; and 

4 ‘‘(B) any federally recognized Indian Tribe 

5 of any findings, conclusions, or recommenda6 tions contained in that report that relate to a 

7 Federal civilian real property that— 

8 ‘‘(i) is in close geographic proximity to 

9 a property described in section 3(5)(B)(v); 

10 or 

11 ‘‘(ii) relates to a Federal civilian real 

12 property that is known to be accessed at 

13 regular frequency by members of the feder14 ally recognized Indian Tribe for other rea15 sons.’’; and 

16 (6) by adding at the end the following: 

17 ‘‘(k) REPORT TO CONGRESS.—The Board shall peri18 odically submit to the Committee on Environment and 

19 Public Works of the Senate and the Committee on Trans20 portation and Infrastructure of the House of Representa21 tives a report containing any recommendations on consoli22 dations, exchanges, sales, lease reductions, and redevelop23 ments that are not included in the transmissions sub24 mitted under subsection (h), or approved by the Director 


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1 of OMB under section 13, but that the majority of the 

2 Board concludes meets the goals of this Act.’’. 

3 (i) REVIEW BY OMB.—Section 13 of the Federal As4 sets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; 

5 Public Law 114–287) is amended— 

6 (1) in subsection (a), by striking ‘‘subsections 

7 (b) and (g)’’ and inserting ‘‘subsections (b) and 

8 (h)’’; and 

9 (2) in subsection (c)(4)— 

10 (A) by inserting ‘‘, in whole or in part,’’ 

11 before ‘‘received under paragraph (3)’’; and 

12 (B) by striking ‘‘revised’’ the second place 

13 it appears. 

14 (j) AGENCY RETENTION OF RECORDS.—Section 20 

15 of the Federal Assets Sale and Transfer Act of 2016 (40 

16 U.S.C. 1303 note; Public Law 114–287) is amended by 

17 striking subsection (b) and inserting the following: 

18 ‘‘(b) EFFECTIVE DATE.—The provisions of this sec19 tion, including the amendments made by this section, shall 

20 take effect on the date on which the Board transmits the 

21 second report under section 12(h)(2)(B) and shall apply 

22 to proceeds from— 

23 ‘‘(1) transactions contained in that report; and 

24 ‘‘(2) any transactions conducted after the date 

25 on which the Board terminates under section 10.’’. 


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1 (k) FEDERAL REAL PROPERTY DATABASE.—Section 

2 21(b) of the Federal Assets Sale and Transfer Act of 2016 

3 (40 U.S.C. 1303 note; Public Law 114–287) is amended 

4 by adding at the end the following: 

5 ‘‘(9)(A) Whether the Federal real property is 

6 on a campus or similar facility; and 

7 ‘‘(B) if applicable, identification of the campus 

8 or facility and related details, including total acreage 

9 of the campus or facility.’’. 

10 (l) ACCESS TO FEDERAL REAL PROPERTY COUNCIL

11 MEETINGS AND REPORTS.— 

12 (1) IN GENERAL.—The Federal Assets Sale and 

13 Transfer Act of 2016 (40 U.S.C. 1303 note; Public 

14 Law 114–287) is amended by adding at the end the 

15 following: 

16 ‘‘SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL 

17 MEETINGS AND REPORTS. 

18 ‘‘The Federal Real Property Council established by 

19 subsection (a) of section 623 of title 40, United States 

20 Code, shall ensure that the Board has access to any meet21 ings of the Federal Real Property Council and any reports 

22 required under that section.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents in section 1(b) of the Federal Assets Sale and 

25 Transfer Act of 2016 (Public Law 114–287; 130 


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1 Stat. 1463) is amended by inserting after the item 

2 relating to section 25 the following: 

‘‘Sec. 26. Access to Federal Real Property Council meetings and reports.’’. 

3 (m) CONFORMING AMENDMENTS.— 

4 (1) Section 3(9) of the Federal Assets Sale and 

5 Transfer Act of 2016 (40 U.S.C. 1303 note; Public 

6 Law 114–287) is amended by striking ‘‘section 

7 12(e)’’ and inserting ‘‘section 12(f)’’. 

8 (2) Section 14(g)(1)(A) of the Federal Assets 

9 Sale and Transfer Act of 2016 (40 U.S.C. 1303 

10 note; Public Law 114–287) is amended by striking 

11 ‘‘section 12(g)’’ and inserting ‘‘section 12(h)’’. 

Æ 


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