[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3340-S3343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4339. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE XXX--FEDERAL PROPERTY MANAGEMENT REFORM
SEC. 2951. SHORT TITLE.
This title may be cited as the ``Federal Property
Management Reform Act of 2016''.
SEC. 2952. PURPOSE.
The purpose of this title 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 and modernize the Postal fleet;
(2) providing for increased collocation with Postal Service
facilities and guidance on Postal Service leasing practices;
(3) establishing a Federal Property Council to develop
guidance on and ensure the implementation of strategies for
better managing Federal property;
(4) providing incentives to agencies to dispose of excess
property through retention of proceeds; and
(5) providing guidance for surplus property donations to
museums.
SEC. 2953. 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
Property Council established by section 623(a).
``(3) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(4) Disposal.--The term `disposal' means any action that
constitutes the removal of any property from the inventory of
the Federal agency, including sale, transfer, deed,
demolition, donation, or exchange.
``(5) 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).
``(6) Field office.--The term `field office' means any
office of a Federal agency that is not the headquarters
office location for the Federal agency.
``(7) Postal property.--The term `postal property' means
any property owned or leased by the United States Postal
Service.
``(8) 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 1 or more
Federal real property assets.
``(9) 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
[[Page S3341]]
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 Property Council
``(a) Establishment.--There is established a Federal
Property Council.
``(b) Purpose.--The purpose of the Council shall be--
``(1) to develop guidance and ensure implementation of an
efficient and effective 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 and the Postal Service;
``(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; full-time.--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;
``(ii) serve full time; and
``(iii) 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 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, to achieve better utilization of underutilized
property, or to enhance management of high value personal
property, and evaluation criteria to determine the
effectiveness of 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 in
terms of performance;
``(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;
``(7) not later than 1 year after the date of enactment of
this subchapter--
``(A) examine the disposal of surplus property through the
State Agencies for Surplus Property program; and
``(B) issue a report that includes recommendations on how
the program could be improved to ensure accountability and
increase efficiencies in the property disposal process; and
``(8) 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 or surplus
property that is real property, and underutilized properties
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); and
``(D) if necessary, recommendations for legislation or
statutory reforms that would further the goals of the
Council, including streamlining the disposal of excess real
or personal property or underutilized property.
``(f) Consultation.--In carrying out the duties described
in subsection (e), the Council shall also consult with
representatives of--
``(1) State, local, tribal authorities, and 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;
``(F) providing housing to the homeless population; and
``(G) personal property management.
``(g) Council Resources.--The Director and the
Administrator shall provide staffing, and administrative
support for the Council, as appropriate.
``(h) Access to Information.--The Council shall make
available, on request, all information generated by the
Council in performing the duties of the Council 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. Inventory and database
``(a) In General.--Not later than 1 year after the date of
enactment of this subchapter, the Administrator shall
establish and maintain a single, comprehensive, and
descriptive database of all real property under the custody
and control of all Federal agencies.
``(b) Contents.--The database shall include--
``(1) information provided to the Administrator under
section 524(a)(11)(B); and
``(2) a list of property disposals completed, including--
``(A) the date and disposal method used for each property;
``(B) the proceeds obtained from the disposal of each
property;
``(C) the amount of time required to dispose of the
property, including the date on which the property is
designated as excess property;
``(D) the date on which the property is designated as
surplus property and the date on which the property is
disposed; and
``(E) all costs associated with the disposal.
``(c) Accessibility.--
``(1) Committees.--The database established under
subsection (a) shall be made available on request to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Environment and Public Works of the Senate
and the Committee on Oversight and Government Reform and the
Committee on Transportation and Infrastructure of the House
of Representatives.
``(2) General public.--Not later than 3 years after the
date of enactment of this subchapter and to the extent
consistent with national security, the Administrator shall
make the database established under subsection (a) accessible
to the public at no cost through the website of the General
Services Administration.
[[Page S3342]]
``(d) 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. 625. 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 President 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 Property Council.
``Sec. 624. Inventory and database.
``Sec. 625. 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
subchapters VII and VIII of chapter 5 of this title, the''.
SEC. 2954. UNITED STATES POSTAL SERVICE PROPERTY MANAGEMENT.
(a) In General.--Chapter 5 of subtitle I of title 40,
United States Code, as amended by section 2953, is amended by
adding at the end the following:
``Subchapter VIII--United States Postal Service Property Management
``Sec. 641. Definitions
``In this subchapter:
``(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, or under the control of, the
Postal Service.
``(3) Postal service.--The term `Postal Service' means the
United States Postal Service.
``(4) 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 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. 642. United States Postal Service property management
``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) shall, on a regular basis--
``(A) conduct an inventory of postal property that is real
property; and
``(B) make an assessment of each property described in
subparagraph (A), 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 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
subchapter.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 5 of subtitle I of title 40, United
States Code, as amended by section 3, is amended by inserting
after the item relating to section 626 the following:
``subchapter viii--united states postal service property management
``Sec. 641. Definitions.
``Sec. 642. United States Postal Service property management.''.
SEC. 2955. AGENCY RETENTION OF PROCEEDS.
Section 571 of title 40, United States Code, is amended to
read as follows:
``Sec. 571. General rules for deposit and use of proceeds
``(a) Proceeds From Transfer or Sale of Real Property.--
``(1) Deposit of net proceeds.--Net proceeds described in
subsection (d) shall be deposited into the appropriate
account of the agency that had custody and accountability for
the property at the time the property is determined to be
excess.
``(2) Expenditure of net proceeds.--The net proceeds
deposited pursuant to paragraph (1) may only be expended as
authorized in annual appropriations Acts, for--
``(A) activities described in sections 543 and 545,
including paying costs incurred by the General Services
Administration for any disposal-related activity authorized
by this title; and
``(B) activities pursuant to implementation of the Federal
Buildings Personnel Training Act of 2010 (40 U.S.C. 581 note;
Public Law 111-308).
``(3) Deficit reduction.--Any net proceeds described in
subsection (d) from the sale, lease, or other disposition of
surplus real property that are not expended under paragraph
(2) shall be used for deficit reduction.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574.
``(c) Disposal Agency for Reverted Property.--For the
purposes of this section, for any property that reverts to
the United States under sections 550 and 553, the General
Services Administration, as the disposal agency, shall be
treated as the agency with custody and accountability for the
property at the time the property is determined to be excess.
``(d) Net Proceeds.--The net proceeds described in this
subsection are proceeds under this chapter, less expenses of
the transfer or disposition as provided in section 572(a),
from--
``(1) a transfer of excess real property to a Federal
agency for agency use; or
``(2) a sale, lease, or other disposition of surplus real
property.
``(e) Proceeds From Transfer or Sale of Personal
Property.--
``(1) In general.--Except as otherwise provided in this
subchapter, proceeds described in paragraph (2) shall be
deposited in the Treasury as miscellaneous receipts.
``(2) Proceeds.--The proceeds described in this paragraph
are proceeds under this chapter from--
``(A) a transfer of excess personal property to a Federal
agency for agency use; or
``(B) a sale, lease, or other disposition of surplus
personal property.
``(3) Payment of expenses of sale before deposit.--
``(A) In general.--Subject to regulations under this
subtitle, the expenses of the sale of personal property may
be paid from the proceeds of the sale so that only the net
proceeds are deposited in the Treasury.
``(B) Application.--This paragraph applies whether proceeds
are deposited as miscellaneous receipts or to the credit of
an appropriation as authorized by law.''.
[[Page S3343]]
SEC. 2956. 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 641 of title 40, United States Code, as added by
section 2954.
(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. 2957. REPORTS ON UNITED STATES POSTAL SERVICE FLEET
MODERNIZATION.
(a) GAO Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall study and submit to Congress a report on--
(1) the feasibility of the United States Postal Service
designing mail delivery vehicles that are equipped for
diverse geographic conditions such as travel in rural areas
and extreme weather conditions; and
(2) the feasibility and cost of the United States Postal
Service integrating the use of collision-averting technology
into its vehicle fleet.
(b) Postal Service Report.--Not later than 1 year after the
date of enactment of this Act, the United States Postal
Service shall submit to Congress a report that includes--
(1) a review of the efforts of the United States Postal
Service relating to fleet replacement and modernization; and
(2) a strategy for carrying out the fleet replacement and
lifecycle plan of the United States Postal Service.
SEC. 2958. SURPLUS PROPERTY DONATIONS TO MUSEUMS.
Section 549(c)(3)(B) of title 40, United States Code, is
amended by striking clause (vii) and inserting the following:
``(vii) a museum open to the public on a regularly
scheduled weekly basis, and the hours of operation are, at a
minimum, during normal business hours (as determined by the
Administrator);''.
SEC. 2959. 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 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 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 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 624.''.
(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.''.
______