[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.