[Congressional Record Volume 162, Number 177 (Thursday, December 8, 2016)]
[House]
[Pages H7531-H7533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FEDERAL PROPERTY MANAGEMENT REFORM ACT OF 2016

  Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that the Committee 
on Oversight and Government Reform and the Committee on Transportation 
and Infrastructure be discharged from further consideration of the bill 
(H.R. 6451) to improve the Government-wide management of Federal 
property, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 6451

       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 1 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

[[Page H7532]]

     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;

[[Page H7533]]

       ``(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.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________