[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6451 Enrolled Bill (ENR)]
H.R.6451
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To improve the Government-wide management of Federal property.
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 ``Federal Property Management Reform
Act of 2016''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase the efficiency and
effectiveness of the Federal Government in managing property of the
Federal Government by--
(1) requiring the United States Postal Service to take
appropriate measures to better manage and account for property;
(2) providing for increased collocation with Postal Service
facilities and guidance on Postal Service leasing practices; and
(3) establishing a Federal Real Property Council to develop
guidance on and ensure the implementation of strategies for better
managing Federal property.
SEC. 3. PROPERTY MANAGEMENT.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following:
``Subchapter VII--Property Management
``Sec. 621. Definitions
``In this subchapter:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Council.--The term `Council' means the Federal Real
Property Council established by section 623(a).
``(3) Director.--The term `Director' means the Director of the
Office of Management and Budget.
``(4) Federal agency.--The term `Federal agency' means--
``(A) an executive department or independent establishment
in the executive branch of the Government; or
``(B) a wholly owned Government corporation (other than the
United States Postal Service).
``(5) Field office.--The term `field office' means any office
of a Federal agency that is not the headquarters office location
for the Federal agency.
``(6) Postal property.--The term `postal property' means any
property owned or leased by the United States Postal Service.
``(7) Public-private partnership.--The term `public-private
partnership' means any partnership or working relationship between
a Federal agency and a corporation, individual, or nonprofit
organization for the purpose of financing, constructing, operating,
managing, or maintaining one or more Federal real property assets.
``(8) Underutilized property.--The term `underutilized
property' means a portion or the entirety of any real property,
including any improvements, that is used--
``(A) irregularly or intermittently by the accountable
Federal agency for program purposes of the Federal agency; or
``(B) for program purposes that can be satisfied only with
a portion of the property.
``Sec. 622. Collocation among United States Postal Service properties
``(a) Identification of Postal Property.--Each year, the Postmaster
General shall--
``(1) identify a list of postal properties with space available
for use by Federal agencies; and
``(2) not later than September 30, submit the list to--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) the Committee on Oversight and Government Reform of
the House of Representatives.
``(b) Voluntary Identification of Postal Property.--Each year, the
Postmaster General may submit the list under subsection (a) to the
Council.
``(c) Submission of List of Postal Properties to Federal
Agencies.--
``(1) In general.--Not later than 30 days after the completion
of a list under subsection (a), the Council shall provide the list
to each Federal agency.
``(2) Review by federal agencies.--Not later than 90 days after
the receipt of the list submitted under paragraph (1), each Federal
agency shall--
``(A) review the list;
``(B) review properties under the control of the Federal
agency; and
``(C) recommend collocations if appropriate.
``(d) Terms of Collocation.--On approval of the recommendations
under subsection (c) by the Postmaster General and the applicable
agency head, the Federal agency or appropriate landholding entity may
work with the Postmaster General to establish appropriate terms of a
lease for each postal property.
``(e) Rule of Construction.--Nothing in this section exceeds,
modifies, or supplants any other Federal law relating to any
competitive bidding process governing the leasing of postal property.
``Sec. 623. Establishment of a Federal Real Property Council
``(a) Establishment.--There is established a Federal Real Property
Council.
``(b) Purpose.--The purpose of the Council shall be--
``(1) to develop guidance and ensure implementation of an
efficient and effective real property management strategy;
``(2) to identify opportunities for the Federal Government to
better manage property and assets of the Federal Government; and
``(3) to reduce the costs of managing property of the Federal
Government, including operations, maintenance, and security
associated with Federal property.
``(c) Composition.--
``(1) In general.--The Council shall be composed exclusively
of--
``(A) the senior real property officers of each Federal
agency;
``(B) the Deputy Director for Management of the Office of
Management and Budget;
``(C) the Controller of the Office of Management and
Budget;
``(D) the Administrator; and
``(E) any other full-time or permanent part-time Federal
officials or employees, as the Chairperson determines to be
necessary.
``(2) Chairperson.--The Deputy Director for Management of the
Office of Management and Budget shall serve as Chairperson of the
Council.
``(3) Executive director.--
``(A) In general.--The Chairperson shall designate an
Executive Director to assist in carrying out the duties of the
Council.
``(B) Qualifications.--The Executive Director shall--
``(i) be appointed from among individuals who have
substantial experience in the areas of commercial real
estate and development, real property management, and
Federal operations and management; and
``(ii) hold no outside employment that may conflict
with duties inherent to the position.
``(d) Meetings.--
``(1) In general.--The Council shall meet subject to the call
of the Chairperson.
``(2) Minimum.--The Council shall meet not fewer than 4 times
each year.
``(e) Duties.--The Council, in consultation with the Director and
the Administrator, shall--
``(1) not later than 1 year after the date of enactment of this
subchapter, establish a real property management plan template, to
be updated annually, which shall include performance measures,
specific milestones, measurable savings, strategies, and
Government-wide goals based on the goals established under section
524(a)(7) to reduce surplus property or to achieve better
utilization of underutilized property, and evaluation criteria to
determine the effectiveness of real property management that are
designed--
``(A) to enable Congress and heads of Federal agencies to
track progress in the achievement of property management
objectives on a Government-wide basis;
``(B) to improve the management of real property; and
``(C) to allow for comparison of the performance of Federal
agencies against industry and other public sector agencies;
``(2) develop utilization rates consistent throughout each
category of space, considering the diverse nature of the Federal
portfolio and consistent with nongovernmental space use rates;
``(3) develop a strategy to reduce the reliance of Federal
agencies on leased space for long-term needs if ownership would be
less costly;
``(4) provide guidance on eliminating inefficiencies in the
Federal leasing process;
``(5) compile a list of field offices that are suitable for
collocation with other property assets;
``(6) research best practices regarding the use of public-
private partnerships to manage properties and develop guidelines
for the use of those partnerships in the management of Federal
property; and
``(7) not later than 1 year after the date of enactment of this
subchapter and annually during the 4-year period beginning on the
date that is 1 year after the date of enactment of this subchapter
and ending on the date that is 5 years after the date of enactment
of this subchapter, the Council shall submit to the Director a
report that contains--
``(A) a list of the remaining excess property that is real
property, surplus property that is real property, and
underutilized property of each Federal agency;
``(B) the progress of the Council toward developing
guidance for Federal agencies to ensure that the assessment
required under section 524(a)(11)(B) is carried out in a
uniform manner;
``(C) the progress of Federal agencies toward achieving the
goals established under section 524(a)(7);
``(D) if necessary, recommendations for legislation or
statutory reforms that would further the goals of the Council,
including streamlining the disposal of excess or underutilized
real property; and
``(E) a list of entities that are consulted under
subsection (f).
``(f) Consultation.--In carrying out the duties described in
subsection (e), the Council shall also consult with representatives
of--
``(1) State, local, and tribal authorities, as appropriate, and
other affected communities; and
``(2) appropriate private sector entities and nongovernmental
organizations that have expertise in areas of--
``(A) commercial real estate and development;
``(B) government management and operations;
``(C) space planning;
``(D) community development, including transportation and
planning;
``(E) historic preservation; and
``(F) providing housing to the homeless population.
``(g) Council Resources.--The Director and the Administrator shall
provide staffing, and administrative support for the Council, as
appropriate.
``(h) Access to Report.--The Council shall provide, on an annual
basis, the real property management plan template required under
subsection (e)(1) and the reports required under subsection (e)(7) to--
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Oversight and Government Reform of the
House of Representatives;
``(4) the Committee on Transportation and Infrastructure of the
House of Representatives; and
``(5) the Comptroller General of the United States.
``(i) Exclusions.--In this section, surplus property shall not
include--
``(1) any military installation (as defined in section 2910 of
the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note; Public Law 101-510));
``(2) any property that is excepted from the definition of the
term `property' under section 102;
``(3) Indian and native Eskimo property held in trust by the
Federal Government as described in section 3301(a)(5)(C)(iii);
``(4) real property operated and maintained by the Tennessee
Valley Authority pursuant to the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831 et seq.);
``(5) any real property the Director excludes for reasons of
national security;
``(6) any public lands (as defined in section 203 of the Public
Lands Corps Act of 1993 (16 U.S.C. 1722)) administered by--
``(A) the Secretary of the Interior, acting through--
``(i) the Director of the Bureau of Land Management;
``(ii) the Director of the National Park Service;
``(iii) the Commissioner of Reclamation; or
``(iv) the Director of the United States Fish and
Wildlife Service; or
``(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service; or
``(7) any property operated and maintained by the United States
Postal Service.
``Sec. 624. Information on certain leasing authorities
``(a) In General.--Except as provided in subsection (b), not later
than December 31 of each year following the date of enactment of this
subchapter, a Federal agency with independent leasing authority shall
submit to the Council a list of all leases, including operating leases,
in effect on the date of enactment of this subchapter that includes--
``(1) the date on which each lease was executed;
``(2) the date on which each lease will expire;
``(3) a description of the size of the space;
``(4) the location of the property;
``(5) the tenant agency;
``(6) the total annual rental payment; and
``(7) the amount of the net present value of the total
estimated legal obligations of the Federal Government over the life
of the contract.
``(b) Exception.--Subsection (a) shall not apply to--
``(1) the United States Postal Service; or
``(2) any other property the Director excludes from subsection
(a) for reasons of national security.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 5 of
subtitle I of title 40, United States Code, is amended by inserting
after the item relating to section 611 the following:
``subchapter vii--property management
``Sec. 621. Definitions.
``Sec. 622. Collocation among United States Postal Service properties.
``Sec. 623. Establishment of a Federal Real Property Council.
``Sec. 624. Information on certain leasing authorities.''.
(2) Technical amendment.--Section 102 of title 40, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``The'' and inserting ``Except as provided in subchapter
VII of chapter 5 of this title, the''.
SEC. 4. UNITED STATES POSTAL SERVICE PROPERTY MANAGEMENT.
(a) In General.--Part III of title 39, United States Code, is
amended by adding at the end the following:
``CHAPTER 29--PROPERTY MANAGEMENT
``Sec.
``2901. Definitions.
``2902. Property management.
``Sec. 2901. Definitions
``In this chapter:
``(1) Excess property.--The term `excess property' means any
postal property that the Postal Service determines is not required
to meet the needs or responsibilities of the Postal Service.
``(2) Postal property.--The term `postal property' means any
property owned or leased by the Postal Service.
``(3) Underutilized property.--The term `underutilized
property' means a portion or the entirety of any real property that
is postal property, including any improvements, that is used--
``(A) irregularly or intermittently by the Postal Service
for program purposes of the Postal Service; or
``(B) for program purposes that can be satisfied only with
a portion of the property.
``Sec. 2902. Property management
``(a) In General.--The Postal Service--
``(1) shall maintain adequate inventory controls and
accountability systems for postal property;
``(2) shall develop current and future workforce projections so
as to have the capacity to assess the needs of the Postal Service
workforce regarding the use of property;
``(3) may develop a 5-year management template that--
``(A) establishes goals and policies that will lead to the
reduction of excess property and underutilized property in the
inventory of the Postal Service;
``(B) adopts workplace practices, configurations, and
management techniques that can achieve increased levels of
productivity and decrease the need for real property assets;
``(C) assesses leased space to identify space that is not
fully used or occupied;
``(D) develops recommendations on how to address excess
capacity at Postal Service facilities without negatively
impacting mail delivery; and
``(E) develops recommendations on ensuring the security of
mail processing operations; and
``(4) if the Postal Service develops a template under paragraph
(3) shall, as part of that template and on a regular basis--
``(A) conduct an inventory of postal property that is real
property; and
``(B) publish a report that covers each property identified
under subparagraph (A), similar to the USPS Owned Facilities
Report and the USPS Leased Facilities Report, that includes--
``(i) the date on which the Postal Service first
occupied the property;
``(ii) the size of the property in square footage and
acreage;
``(iii) the geographical location of the property,
including an address and description;
``(iv) the extent to which the property is being
utilized;
``(v) the actual annual operating costs associated with
the property;
``(vi) the total cost of capital expenditures
associated with the property;
``(vii) the number of postal employees, contractor
employees, and functions housed at the property;
``(viii) the extent to which the mission of the Postal
Service is dependent on the property; and
``(ix) the estimated amount of capital expenditures
projected to maintain and operate the property over each of
the next 5 years after the date of enactment of this
chapter.
``(b) Rule of Construction.--Nothing in subsection (a)(4)(B) shall
be construed to require the Postal Service to obtain an appraisal of
postal property.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part III of title 39, United States Code, is amended by adding at the
end the following:
``29. Property Management........................................2901''.
SEC. 5. INSPECTOR GENERAL REPORT ON UNITED STATES POSTAL SERVICE
PROPERTY.
(a) Definition of Excess Property.--In this section, the term
``excess property'' has the meaning given the term in section 2901 of
title 39, United States Code, as added by section 4.
(b) Excess Property Report.--Not later than 2 years after the date
of enactment of this Act, the Inspector General of the United States
Postal Service shall submit to Congress a report that includes--
(1) a survey of excess property held by the United States
Postal Service; and
(2) recommendations for repurposing property identified in
paragraph (1)--
(A) to--
(i) reduce excess capacity; and
(ii) increase collocation with other Federal agencies;
and
(B) without diminishing the ability of the United States
Postal Service to meet the service standards established under
section 3691 of title 39, United States Code, as in effect on
January 1, 2016.
SEC. 6. DUTIES OF FEDERAL AGENCIES.
(a) In General.--Section 524(a) of title 40, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) develop current and future workforce projections so as to
have the capacity to assess the needs of the Federal workforce
regarding the use of real property;
``(7) establish goals and policies that will lead the executive
agency to reduce excess property and underutilized property in the
inventory of the executive agency;
``(8) submit to the Federal Real Property Council an annual
report on all excess property that is real property and
underutilized property in the inventory of the executive agency,
including--
``(A) whether underutilized property can be better
utilized, including through collocation with other executive
agencies or consolidation with other facilities; and
``(B) the extent to which the executive agency believes
that retention of the underutilized property serves the needs
of the executive agency;
``(9) adopt workplace practices, configurations, and management
techniques that can achieve increased levels of productivity and
decrease the need for real property assets;
``(10) assess leased space to identify space that is not fully
used or occupied;
``(11) on an annual basis and subject to the guidance of the
Federal Real Property Council--
``(A) conduct an inventory of real property under control
of the executive agency; and
``(B) make an assessment of each property, which shall
include--
``(i) the age and condition of the property;
``(ii) the size of the property in square footage and
acreage;
``(iii) the geographical location of the property,
including an address and description;
``(iv) the extent to which the property is being
utilized;
``(v) the actual annual operating costs associated with
the property;
``(vi) the total cost of capital expenditures incurred
by the Federal Government associated with the property;
``(vii) sustainability metrics associated with the
property;
``(viii) the number of Federal employees and contractor
employees and functions housed at the property;
``(ix) the extent to which the mission of the executive
agency is dependent on the property;
``(x) the estimated amount of capital expenditures
projected to maintain and operate the property during the
5-year period beginning on the date of enactment of this
paragraph; and
``(xi) any additional information required by the
Administrator of General Services to carry out section 623;
and
``(12) provide to the Federal Real Property Council and the
Administrator of General Services the information described in
paragraph (11)(B) to be used for the establishment and maintenance
of the database described in section 21 of the Federal Assets Sale
and Transfer Act of 2016.''.
(b) Definition of Executive Agency.--Section 524 of title 40,
United States Code, is amended by adding at the end the following:
``(c) Definition of Executive Agency.--For the purpose of
paragraphs (6) through (12) of subsection (a), the term `executive
agency' shall have the meaning given the term `Federal agency' in
section 621.''.
SEC. 7. TECHNICAL AMENDMENTS.
(a) Definition of Applicable Act.--In this section, the term
``applicable Act'' means the Federal Assets Sale and Transfer Act of
2016 (H.R. 4465, 114th Congress, 2d Session).
(b) Board.--Section 4(c) of the applicable Act is amended by
striking paragraphs (1) through (3) and inserting the following:
``(1) In general.--The Board shall be composed of a Chairperson
appointed by the President, by and with the advice and consent of
the Senate, and 6 members appointed by the President.
``(2) Appointments.--
``(A) In general.--In selecting individuals for
appointments to the Board, the President shall appoint members
in the following manner:
``(i) Two members recommended by the Speaker of the
House of Representatives.
``(ii) Two members recommended by the majority leader
of the Senate.
``(iii) One member recommended by the minority leader
of the House of Representatives.
``(iv) One member recommended by the minority leader of
the Senate.
``(B) Deadline.--The appointment of members to the Board
shall be made not later than 90 days after the date of
enactment of this Act.
``(3) Terms.--The term for each member of the Board shall be 6
years.''.
(c) Agency Retention of Proceeds.--
(1) In general.--Section 571 of title 40, United States Code
(as amended by section 20 of the applicable Act), is amended by
adding at the end the following:
``(d) Savings Provision.--Nothing in this section modifies, alters,
or repeals any other provision of Federal law directing the use of
retained proceeds relating to the sale of property of an agency.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if enacted as part of the applicable Act.
(d) Sale.--Section 24 of the applicable Act is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Requirement.--Notwithstanding any other provision of law, the
sale of the property by the Administrator of General Services shall
ensure continuity of security measures, parking access, and
infrastructure requirements of the James Forrestal Building while it is
occupied by the Department of Energy.''.
(e) Effective Date.--Except as provided in subsection (c)(2), this
section and the amendments made by this section shall take effect
immediately after the enactment of the applicable Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.