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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6277 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 6277

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2024

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
 To amend the Federal Assets Sale and Transfer Act of 2016 to improve 
                   such 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 2023''.

SEC. 2. AMENDMENTS TO THE FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016.

    (a) In General.--The Federal Assets Sale and Transfer Act of 2016 
(40 U.S.C. 1303 note) is amended--
            (1) in section 2--
                    (A) in paragraph (9) by striking ``and'' at the 
                end;
                    (B) in paragraph (10) by striking the period at the 
                end and inserting ``; and''; and
                    (C) 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.'';
            (2) in section 3(5)(B)(viii) by inserting ``, other than 
        office buildings and warehouses,'' after ``Properties'';
            (3) in section 5(b) by striking ``Five Board members'' and 
        inserting ``Four Board members'';
            (4) in section 7 by adding at the end the following:
    ``(c) Return to Civil Service.--An Executive Director selected from 
the civil service (as such term is defined in section 2101 of title 5, 
United States Code) shall be entitled to return to the civil service 
after service to the Board ends if the Executive Director's service to 
the Board ends for reasons other than misconduct, neglect of duty, or 
malfeasance.'';
            (5) in section 8--
                    (A) in subsection (b)--
                            (i) by striking ``and the Director of 
                        OMB''; and
                            (ii) by inserting ``for a period of not 
                        less than 1 year'' before ``to assist the 
                        Board'';
                    (B) by redesignating subsection (c) as subsection 
                (d); and
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) Hiring of Term Employees.--The Executive Director, with 
approval of the Board, may utilize 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.'';
            (6) in section 10 by striking ``6 years after the date on 
        which the Board members are appointed pursuant to section 4'' 
        and inserting ``on December 31, 2026'';
            (7) in section 11(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'' before ``square 
                        footage''; and
                            (ii) by inserting ``, amount of acreage 
                        associated with the property, and whether the 
                        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 agency plans to 
        consolidate, reconfigure, or otherwise reduce the use of owned 
        and leased property.'';
            (8) in section 12--
                    (A) in subsection (b)(2) by striking the second 
                sentence and inserting ``In the case of a failure by an 
                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 agency, and the inspector general of the agency of 
                such failure.'';
                    (B) by redesignating subsections (d) through (i) as 
                subsections (e) through (j), respectively;
                    (C) 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.'';
                    (D) in subsection (h) (as so redesignated)--
                            (i) 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 under 
                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
                            (ii) 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 termination of the Board 
                under section 10, the Board may transmit to the 
                Director of OMB a third report required under paragraph 
                (1).''; and
                    (E) by adding at the end the following:
    ``(k) Report to Congress.--The Board shall periodically submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate 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 which the 
majority of the Board concludes meets the goals of this Act.'';
            (9) in section 13--
                    (A) in subsection (a) by striking ``subsections (b) 
                and (g)'' and inserting ``subsections (b) and (h)''; 
                and
                    (B) in subsection (c)(4)--
                            (i) by inserting ``, in whole or in part,'' 
                        before ``received under paragraph (3)''; and
                            (ii) by striking ``revised'' the second 
                        place it appears;
            (10) in section 20 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 such report; and
            ``(2) any transactions conducted after the termination of 
        the Board pursuant to section 10.'';
            (11) in section 21(b) by adding at the end the following:
            ``(9) Whether the Federal real property is on a campus or 
        similar facility and, if so, identification of such campus or 
        facility and related details, including total acreage.''; and
            (12) by inserting after section 25 the following:

``SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS AND 
              REPORTS.

    ``The Federal Real Property Council established under section 623 
of title 40, United States Code, shall ensure that the Board has access 
to any meetings of the Council and any reports required under such 
section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following:

``Sec. 26. Access to Federal Real Property Council meetings and 
                            reports.''.

            Passed the House of Representatives March 11, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```