IIB 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 of 2023’’. 

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

5 TRANSFER ACT OF 2016. 

6 (a) IN GENERAL.—The Federal Assets Sale and 

7 Transfer Act of 2016 (40 U.S.C. 1303 note) is amended— 

8 (1) in section 2— 

9 (A) in paragraph (9) by striking ‘‘and’’ at 

10 the end; 

11 (B) in paragraph (10) by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(11) implementing innovative methods for the 

15 sale, redevelopment, consolidation, or lease of Fed16 eral buildings and facilities, including the use of no 

17 cost, nonappropriated contracts for expert real es18 tate services to obtain the highest and best value for 

19 the taxpayer.’’; 

20 (2) in section 3(5)(B)(viii) by inserting ‘‘, other 

21 than office buildings and warehouses,’’ after ‘‘Prop22 erties’’; 

23 (3) in section 5(b) by striking ‘‘Five Board 

24 members’’ and inserting ‘‘Four Board members’’; 

25 (4) in section 7 by adding at the end the fol26 lowing: 


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1 ‘‘(c) RETURN TO CIVIL SERVICE.—An Executive Di2 rector selected from the civil service (as such term is de3 fined in section 2101 of title 5, United States Code) shall 

4 be entitled to return to the civil service after service to 

5 the Board ends if the Executive Director’s service to the 

6 Board ends for reasons other than misconduct, neglect of 

7 duty, or malfeasance.’’; 

8 (5) in section 8— 

9 (A) in subsection (b)— 

10 (i) by striking ‘‘and the Director of 

11 OMB’’; and 

12 (ii) by inserting ‘‘for a period of not 

13 less than 1 year’’ before ‘‘to assist the 

14 Board’’; 

15 (B) by redesignating subsection (c) as sub16 section (d); and 

17 (C) by inserting after subsection (b) the 

18 following: 

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

20 Director, with approval of the Board, may utilize the Of21 fice of Personnel Management to hire employees for terms 

22 not to exceed 2 years pursuant to the Office of Personnel 

23 Management guidance for nonstatus appointments in the 

24 competitive service.’’; 


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1 (6) in section 10 by striking ‘‘6 years after the 

2 date on which the Board members are appointed 

3 pursuant to section 4’’ and inserting ‘‘on December 

4 31, 2026’’; 

5 (7) in section 11(a)— 

6 (A) in the matter preceding paragraph (1) 

7 by striking ‘‘the Administrator and the Director 

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

9 Director of OMB, and the Board’’; 

10 (B) in paragraph (1)— 

11 (i) by striking ‘‘and’’ before ‘‘square 

12 footage’’; and 

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

14 associated with the property, and whether 

15 the property is on a campus or larger facil16 ity’’ before the period at the end; and 

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

18 ‘‘(3) CONSOLIDATION PLANS.—Any agency 

19 plans to consolidate, reconfigure, or otherwise reduce 

20 the use of owned and leased property.’’; 

21 (8) in section 12— 

22 (A) in subsection (b)(2) by striking the 

23 second sentence and inserting ‘‘In the case of a 

24 failure by an agency to comply with a request 

25 of the Board, the Board shall notify the comVerDate Sep 11 2014 01:38 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6277.RFS H6277

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1 mittees listed in section 5(c), the relevant con2 gressional committees of jurisdiction for the 

3 agency, and the inspector general of the agency 

4 of such failure.’’; 

5 (B) by redesignating subsections (d) 

6 through (i) as subsections (e) through (j), re7 spectively; 

8 (C) by inserting after subsection (c) the 

9 following: 

10 ‘‘(d) PREPARATION OF PROPERTIES FOR DIS11 POSAL.—At the request of, and in coordination with, the 

12 Board, a Federal agency may undertake any analyses and 

13 due diligence as necessary to prepare a property for dis14 position so that the property may be included in the rec15 ommendations of the Board under subsection (h), includ16 ing completion of the requirements of section 306108 of 

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

18 identification of the likely highest and best use of the 

19 property subsequent to disposition.’’; 

20 (D) in subsection (h) (as so redesig21 nated)— 

22 (i) in paragraph (1)— 

23 (I) in subparagraph (A) by strik24 ing ‘‘and’’ at the end; 


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1 (II) by redesignating subpara2 graph (B) as subparagraph (C); and 

3 (III) by inserting after subpara4 graph (A) the following: 

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

6 agencies to carry out the actions described 

7 under subparagraph (A), including the use of 

8 no cost, nonappropriated contracts for expert 

9 real estate services and other innovative meth10 ods, to obtain the highest and best value for the 

11 taxpayer; and’’; and 

12 (ii) in paragraph (2) by adding at the 

13 end the following: 

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

15 beginning on the day after the transmittal of 

16 the second report and ending on the day before 

17 the termination of the Board under section 10, 

18 the Board may transmit to the Director of 

19 OMB a third report required under paragraph 

20 (1).’’; and 

21 (E) by adding at the end the following: 

22 ‘‘(k) REPORT TO CONGRESS.—The Board shall peri23 odically submit to the Committee on Transportation and 

24 Infrastructure of the House of Representatives and the 

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1 ate a report containing any recommendations on consoli2 dations, exchanges, sales, lease reductions, and redevelop3 ments that are not included in the transmissions sub4 mitted under subsection (h), or approved by the Director 

5 of OMB under section 13, but which the majority of the 

6 Board concludes meets the goals of this Act.’’; 

7 (9) in section 13— 

8 (A) in subsection (a) by striking ‘‘sub9 sections (b) and (g)’’ and inserting ‘‘subsections 

10 (b) and (h)’’; and 

11 (B) in subsection (c)(4)— 

12 (i) by inserting ‘‘, in whole or in 

13 part,’’ before ‘‘received under paragraph 

14 (3)’’; and 

15 (ii) by striking ‘‘revised’’ the second 

16 place it appears; 

17 (10) in section 20 by striking subsection (b) 

18 and inserting the following: 

19 ‘‘(b) EFFECTIVE DATE.—The provisions of this sec20 tion, including the amendments made by this section, shall 

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

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

23 to proceeds from— 

24 ‘‘(1) transactions contained in such report; and 


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1 ‘‘(2) any transactions conducted after the ter2 mination of the Board pursuant to section 10.’’; 

3 (11) in section 21(b) by adding at the end the 

4 following: 

5 ‘‘(9) Whether the Federal real property is on a 

6 campus or similar facility and, if so, identification of 

7 such campus or facility and related details, including 

8 total acreage.’’; and 

9 (12) by inserting after section 25 the following: 

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

11 MEETINGS AND REPORTS. 

12 ‘‘The Federal Real Property Council established 

13 under section 623 of title 40, United States Code, shall 

14 ensure that the Board has access to any meetings of the 

15 Council and any reports required under such section.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of such Act is amended by adding at the 

18 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. 


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