[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.