[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6451 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 6451

     To improve the Government-wide management of Federal property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2016

  Mr. Denham (for himself and Mr. Chaffetz) introduced the following 
 bill; which was referred to the Committee on Oversight and Government 
    Reform, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     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) 2 members recommended by the Speaker 
                        of the House of Representatives.
                            ``(ii) 2 members recommended by the 
                        majority leader of the Senate.
                            ``(iii) 1 member recommended by the 
                        minority leader of the House of 
                        Representatives.
                            ``(iv) 1 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.
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