[Senate Report 114-304]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 558
114th Congress       }                                   {      Report
                                 SENATE
 2d Session          }                                   {     114-304
_______________________________________________________________________

                                     

                                                       

                      FEDERAL PROPERTY MANAGEMENT

                              ACT OF 2016

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2509

      TO IMPROVE THE GOVERNMENTWIDE MANAGEMENT OF FEDERAL PROPERTY

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                August 30, 2016.--Ordered to be printed
                
   Filed, under authority of the order of the Senate of July 14, 2016
   
   
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2016 
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        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio                    CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming             HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire          CORY A. BOOKER, New Jersey
JONI ERNST, Iowa                     GARY C. PETERS, Michigan
BEN SASSE, Nebraska

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
                       Courtney J. Allen, Counsel
              Gabrielle A. Batkin, Minority Staff Director
           John P. Kilvington, Minority Deputy Staff Director
               Mary Beth Schultz, Minority Chief Counsel
         Brian F. Papp, Jr., Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk




















                                                      Calendar No. 558
114th Congress       }                                   {      Report
                                 SENATE
 2d Session          }                                   {     114-304

======================================================================



 
                FEDERAL PROPERTY MANAGEMENT ACT OF 2016

                                _______
                                

                August 30, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 14, 2016

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2509]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2509) to improve 
the Government-wide management of Federal property, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................7
 IV. Section-by-Section Analysis......................................7
  V. Evaluation of Regulatory Impact..................................9
 VI. Congressional Budget Office Cost Estimate........................9
VII. Changes in Existing Law Made by the Bill, as Reported...........11

                         I. Purpose and Summary

    The purpose of S. 2509, the Federal Property Management 
Reform Act of 2016, is to improve the management of the Federal 
Government's property assets. This bill establishes a Federal 
Property Council that will guide and ensure implementation of 
property management measures and expand the duties of Federal 
agencies in the management and accountability of property 
assets under their custody and control. The bill also 
establishes a single, comprehensive and descriptive database of 
all real property under the custody and control of all Federal 
agencies. The bill directs agencies, including the United 
States Postal Service, to take additional actions to improve 
the management of their properties, including by maintaining an 
up-to-date inventory of real property. The bill incentivizes 
Federal agencies to invest in real property disposals by 
allowing the agencies to retain the net proceeds from real 
property sales.

              II. Background and the Need for Legislation

    The Federal Government owns and leases thousands of 
buildings that cost billions of dollars each year just to 
operate and maintain.\1\ In 2003, the Government Accountability 
Office (GAO) first placed Federal real property management on 
its High-Risk List.\2\ At that time, GAO reported that:
---------------------------------------------------------------------------
    \1\Gov't Accountability Office, GAO-15-290, High Risk Series 135 
(Feb. 2015), available at http://www.gao.gov/assets/670/668415.pdf.
    \2\Id.

          [M]uch of this vast and valuable asset portfolio 
        presents significant management challenges and reflects 
        an infrastructure based on the business model and 
        technological environment of the 1950s. Many assets are 
        no longer effectively aligned with, or responsive to, 
        agencies' changing missions and are therefore no longer 
        needed. Furthermore, many assets are in an alarming 
        state of deterioration . . . . Compounding these 
        problems are the lack of reliable government-wide data 
        for strategic asset management, a heavy reliance on 
        costly leasing instead of ownership to meet new space 
        needs, and the cost and challenge of protecting these 
        assets against potential terrorism.\3\
---------------------------------------------------------------------------
    \3\Id. at 23-24.

    The Administrations of Presidents Bush and Obama have made 
improvements to Government-wide real property management 
through a series of directives. President Bush issued Executive 
Order 13327 in 2004, to improve the Federal Government's 
management of its real property assets.\4\ This executive order 
required each Federal agency to designate a Senior Real 
Property Officer to be charged with developing and implementing 
an agency asset management plan and with submitting a list of 
the agencies' real property assets to the Office of Management 
and Budget (OMB) or the General Services Administration (GSA) 
annually.\5\ The Senior Real Property Officer was also required 
to monitor the agency's real property assets to ensure they 
were ``consistent with the real property asset management 
principles'' developed under the order.\6\
---------------------------------------------------------------------------
    \4\Exec. Order No. 13327, 69 Fed. Reg. 25, 5897 (Feb. 4, 2004).
    \5\Id. at 5897-98.
    \6\Id.
---------------------------------------------------------------------------
    The executive order established the Federal Real Property 
Council (FRPC) ``to develop guidance for, and facilitate the 
success of, each agency's asset management plan.''\7\ The order 
required the FRPC to be chaired by the Deputy Director for 
Management of OMB and ``composed exclusively of all agency 
Senior Real Property Officers, the Controller of [OMB], the 
Administrator of [GSA] and any other full-time or permanent 
part-time Federal officials as deemed necessary by the Chairman 
of the [FRPC].''\8\ The FRPC was also charged with establishing 
performance measures to determine the effectiveness of Federal 
real property management.\9\
---------------------------------------------------------------------------
    \7\Id. at 5898.
    \8\Id.
    \9\Id. at 5898-99.
---------------------------------------------------------------------------
    The executive order required GSA to ``establish and 
maintain a single, comprehensive, and descriptive database of 
all real property under the custody and control of all 
Executive Branch agencies.''\10\ GSA was required to collect 
the information for this database from each Executive Branch 
agency that would ``best describe the nature, use, and extent 
of the real property holdings of the Federal Government.''\11\ 
This database is known as the Federal Real Property Profile 
(FRPP).\12\
---------------------------------------------------------------------------
    \10\Id. at 5899.
    \11\Id.
    \12\U.S. Gen. Services Admin., Federal Real Property Profile 
Management System, available at https://www.realpropertyprofile.gov.
---------------------------------------------------------------------------
    In 2010, President Obama issued a new memorandum on the 
disposal of unneeded Federal real property assets.\13\ This 
memorandum directed Federal agencies ``to accelerate efforts to 
identify and eliminate excess properties.''\14\ The total of 
agency efforts required by the memorandum:
---------------------------------------------------------------------------
    \13\Memorandum on Disposing of Unneeded Federal Real Estate, 75 
Fed. Reg. 115, 33987 (June 10, 2010), available at https://
www.whitehouse.gov/the-press-office/presidential-memorandum-disposing-
unneeded-federal-real-estate.
    \14\Id.

          should produce no less than $3 billion in cost 
        savings by the end of fiscal year 2012, yielded from 
        increased proceeds from the sale of assets and reduced 
        operating, maintenance, and energy expenses from 
        disposals or other space consolidation efforts, 
        including leases that are ended.\15\
---------------------------------------------------------------------------
    \15\Id.

    Two years later, to achieve the administrative savings 
required by Executive Order 13589,\16\ OMB ordered all Federal 
agencies to:
---------------------------------------------------------------------------
    \16\Exec. Order No. 13589, 76 Fed.Reg. 220, 70861 (Nov. 9, 2011).

          not increase the size of their civilian real estate 
        inventory. Acquisition of a new Federal building space 
        . . . that increases an agency's total square footage 
        of civilian property must be offset through 
        consolidation, co-location, or disposal of space from 
        the inventory of that agency.\17\
---------------------------------------------------------------------------
    \17\Office of Mgmt. and Budget, Exec. Office of the President, OMB 
Mem. No. M-12-12, Promoting Efficient Spending to Support Agency 
Operations (2012), available at https://www.whitehouse.gov/sites/
default/files/omb/memoranda/2012/m-12-12.pdf.

    This became known as the ``Freeze the Footprint'' 
policy.\18\ This policy also required each agency to develop a 
three-year Revised Real Property Cost Savings and Innovation 
Plan, which was a revision of each agency's 2010 Real Property 
Cost Savings and Innovation Plan with a narrower focus, and 
prospective analysis of real property spending for the next 
three fiscal years. The policy noted that for every third year 
thereafter, each agency shall submit a Revised Real Property 
Cost Savings and Innovation plan within 120 days after the 
deadline for agencies to submit their data to the Federal Real 
Property Profile.\19\
---------------------------------------------------------------------------
    \18\Office of Mgmt. and Budget, Exec. Office of the President, OMB 
Mgmt. Procedures Mem. No. 2013-02, Implementation of OMB Memorandum M-
12-12 Section 3: Freeze the Footprint (Mar. 14, 2013), available at 
https://www.whitehouse.gov/sites/default/files/omb/financial/memos/
implementation-of-freeze-the-footprint-guidance.pdf.
    \19\Id.
---------------------------------------------------------------------------
    In 2015, the Administration issued the National Strategy 
for the Efficient Use of Real Property.\20\ The National 
Strategy imposes three requirements for agencies to improve 
Federal real property management: freeze growth in the Federal 
real property footprint; measure the costs and utilization of 
real property assets; and reduce the Federal real property 
footprint.\21\ This strategy directs agencies to continue the 
Freeze the Footprint policy, to analyze their office and 
warehouse spaces, to improve the quality of the data they 
submit for the FRPP, to accelerate the disposal of excess and 
unutilized property, and to execute opportunities to improve 
space utilization.\22\
---------------------------------------------------------------------------
    \20\Office of Mgmt. and Budget, Exec. Office of the President, 
National Strategy for the Efficient Use of Real Property: Reducing the 
Federal Portfolio Through Improved Space Utilization, Consolidation, 
and Disposal (2015), available at https://www.whitehouse.gov/sites/
default/files/omb/financial/national-strategy-efficient-use-real-
property.pdf.
    \21\Id.
    \22\Id.
---------------------------------------------------------------------------
    GAO acknowledged in its 2015 High-Risk List that the 
Federal Government has demonstrated ``leadership commitment to 
improving the management of real property by pursuing numerous 
reform efforts over multiple administrations.''\23\ However, 
GAO still considers Federal real property management to be a 
high-risk issue area for the Government because there are still 
``long-standing challenges in managing its real property.''\24\ 
GAO reported:
---------------------------------------------------------------------------
    \23\GAO-15-290, High Risk Series, supra note 1 at 135.
    \24\Id.

          [T]he federal government continues to maintain too 
        much excess and underutilized property. It also relies 
        too heavily on leasing in situations where ownership 
        would be more cost efficient in the long run . . . . 
        [E]ffective real property management and reform are 
        undermined by unreliable real property data. 
        Specifically, despite a high level or leadership 
        commitment to improve real property data, the federal 
        government continues to face challenges with the 
        accuracy and consistency of the [FRPP], causing the 
        government to report inaccurate inventory and outcome 
        information.\25\
---------------------------------------------------------------------------
    \25\Id.

    GAO found that while ``the federal government has also made 
partial progress toward increasing its capacity, developing an 
action plan, and monitoring its progress toward improving real 
property management . . . significant challenges in 
demonstrating progress in achieving tangible results 
remain.''\26\ GAO also noted that it found results from the 
first year of the Freeze the Footprint policy that overstated 
the real property portfolio reductions ``to the point where 
some of the reported decreases do not represent any decrease at 
all.''\27\
---------------------------------------------------------------------------
    \26\Id.
    \27\Id.
---------------------------------------------------------------------------
    Officials from OMB, GSA, and GAO testified about these 
Federal real property management challenges at a Committee 
hearing held in June 2015.\28\ At this hearing, GAO reiterated 
these challenges, stating ``although multiple administrations 
have committed to a more strategic approach toward managing 
real property, their efforts have not yet fully addressed the 
underlying challenges that we have identified.''\29\
---------------------------------------------------------------------------
    \28\Federal Real Property Reform: How Cutting Red Tape and Better 
Management Could Achieve Billions in Saving: Hearing Before the S. 
Comm. on Homeland Sec. and Governmental Affairs, 114th Cong. (2015), 
http://www.hsgac.senate.gov/hearings/federal-real-property-reform-how-
cutting-red-tape-and-better-management-could-achieve-billions-in-
savings [hereinafter Hearing].
    \29\Id. (statement of David Wise, Director, Physical Infrastructure 
Issues, U.S. Gov't Accountability Office).
---------------------------------------------------------------------------
    Accurate data for agency real property holdings has long 
been a concern for Federal real property management. When asked 
about the major issues impeding the disposal of excess real 
property, a GAO official told the Committee:

          [N]umber one . . . we really do not have a great 
        handle on exactly what we have and how it is being 
        used. The real property data is still a work in 
        progress in terms of improving the FRPP. So that is 
        number one. And I think that as a Federal manager in 
        Washington or any other place, unless you have a really 
        good handle on exactly what you have out there, its 
        condition and how it is being used, it is kind of 
        difficult to move the chess pieces in that sense.\30\
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    \30\Id.

    The Public Buildings Commissioner at GSA echoed this 
problem, stating ``[t]he bottom line is that having the right 
data and management tools is essential to making good 
decisions.''\31\ The Commissioner explained to the Committee 
that ``I think what is most critical is to actually analyze the 
data and to use that to be able to have conversations with the 
agencies in terms of what is underutilized and what is not 
utilized, and really force disposition.''\32\
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    \31\Id. (statement of Norman Dong, Commissioner, Public Buildings 
Service, U.S. Gen. Services Admin.).
    \32\Id.
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    GAO again raised concerns in a 2016 report about the 
quality of data in the FRPP.\33\ GAO reported that FRPP 
guidance has various interpretations across agencies, 
specifically regarding a building's condition, operating costs, 
and utilization.\34\ OMB and GSA officials told GAO that ``a 
key component of their data validation process relies on each 
agency to certify the information is accurate.''\35\ GSA also 
now requires the agency's Chief Financial Officer to certify 
the data so that it is tied to the agency's annual financial 
statement audit.\36\ However, GSA does not require agencies to 
describe their approach to collecting data for the FRPP, 
``limiting OMB and GSA's insight into the quality of the FRPP 
data and the extent to which agencies are following sound and 
comparable collection and reporting practices.''\37\ However, 
in the March 2016 report, GAO concluded ``because GSA's 
existing [data validation and verification] approach and its 
planned improvements to that approach provide limited insight 
into how agencies collect and report data into FRPP, decision-
makers at OMB, GSA, and other federal agencies have limited 
insight into the risk of using the data to guide 
decisions.''\38\
---------------------------------------------------------------------------
    \33\Gov't Accountability Office, GAO-16-275, Federal Real Property: 
Improving Data Transparency and Expanding the National Strategy Could 
Help Address Long-Standing Challenges (Mar. 2016), available at http://
www.gao.gov/assets/680/676253.pdf.
    \34\Id. at 13-19.
    \35\Id. at 20.
    \36\Id. at 11.
    \37\Id. at 20.
    \38\Id. at 21-22.
---------------------------------------------------------------------------
    On April 12, 2016, the sponsors of S. 2509 wrote to the 
Administrator of GSA to further inquire as to GSA's progress in 
improving the quality of Federal real property data.\39\ GSA 
responded and provided a complete list of validation checks for 
each of the data elements contained in the FY 2015 FRPP data 
dictionary.\40\ GSA also noted that GSA and OMB are

          reviewing Agencies' Reduce the Footprint plans to 
        identify opportunities to improve asset utilization and 
        dispose of poorly utilized properties that no longer 
        meet mission needs. As part of this review, GSA 
        developed a robust Asset Repositioning Pipeline and 
        intends to meet with multiple landholding agencies to 
        discuss their plans, share best practices and identify 
        opportunities for improvement.\41\
---------------------------------------------------------------------------
    \39\Letter from Senators Johnson, Carper, Portman, King, Lankford, 
and Heitkamp to the Honorable Denise Turner Roth, Administrator U.S. 
General Services Administration (April 12, 2016) (on file with Comm.).
    \40\Id.
    \41\Id.

    Another challenge for Federal real property management is 
the lack of incentives for agencies to dispose of their 
properties. Current law requires most agencies to return funds 
received from the sale of surplus property to the Treasury.\42\ 
The Public Buildings Commissioner explained that a major 
obstacle to disposing of unneeded property is the fact that 
agencies incur the costs of the up-front investments to prepare 
the property for disposal but are not authorized to retain any 
of the proceeds from the sale of a property to recoup those up-
front costs.\43\ The Commissioner stated, ``I think having some 
limited retention of proceeds where agencies can recoup their 
costs will show dramatic results in terms of the [disposal] 
activity that we see.''\44\ The Controller of OMB agreed that 
to ``retain savings to plow back into a fund is critical.''\45\
---------------------------------------------------------------------------
    \42\40 U.S.C. Sec. 572(a)(1).
    \43\Hearing, supra note 28 (statement of Norman Dong).
    \44\Id.
    \45\Id. (statement of David Mader, Controller, Office of Mgmt. & 
Budget).
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    The Commissioner pointed to two Federal agencies that 
currently have the authority to retain proceeds from the sale 
of real property assets, noting ``we think that is critical 
because there has to be some economic incentive for agencies to 
move these off the books, and what you are seeing is . . . far 
more significant activity among those two agencies [that retain 
proceeds] compared to other agencies in the Federal 
Government.\46\
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    \46\Id. (statement of Norman Dong).
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    The Federal Property Management Reform Act of 2016 codifies 
the broader management framework put forward by the Bush and 
Obama Administrations, ensuring that the management 
improvements borne over time become a permanent framework for 
agency property management. The bill codifies and expands the 
Federal Real Property Council while charging the Council with 
additional requirements that will monitor agencies' progress in 
managing their property. Federal agencies would be required to 
report on underutilized real properties and provide more 
detailed information on how each property asset serves the 
agency's mission needs. The bill would codify and bring 
additional transparency to the FRPP, recognizing its value as 
an essential tool for Government-wide property management. This 
bill would also provide a key incentive for agencies to dispose 
of properties by allowing them to retain the net proceeds from 
the sale of property for the purpose of investing in subsequent 
real property disposals or for training Federal buildings 
personnel.

                        III. Legislative History

    S. 2509, the Federal Property Management Reform Act of 
2016, was introduced on February 4, 2016, by Ranking Member Tom 
Carper with Senators Rob Portman, Ron Johnson, Angus King, 
Heidi Heitkamp, and James Lankford as original cosponsors. The 
bill was referred to the Committee on Homeland Security and 
Governmental Affairs.
    The Committee considered S. 2509 at a business meeting on 
February 10, 2016. During the business meeting, one amendment 
by Ranking Member Carper, in the form of a substitute, was 
offered and adopted. Both the substitute amendment and the 
legislation as amended were passed by voice vote with Senators 
Johnson, McCain, Portman, Paul, Lankford, Ayotte, Ernst, Sasse, 
Carper, McCaskill, Tester, Baldwin, Heitkamp, Booker, and 
Peters present.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the bill's title as the ``Federal 
Property Management Reform Act of 2016.''

Section 2. Purpose

    This section outlines the purpose of the Federal Property 
Management Reform Act of 2016 to increase the efficiency and 
effectiveness of the management of Federal Government property. 
This bill seeks to achieve this by establishing a Federal 
Property Council to develop and implement strategies for 
improved management of Federal property, by allowing Federal 
agencies to retain proceeds from the sale of Federal real 
property, and by requiring the United States Postal Service to 
better manage and account for its property and modernize the 
Postal fleet.

Section 3. Property management

    This section establishes property management definitions 
for use later in the bill and establishes a Federal Property 
Council whose purpose is to reduce the costs of managing 
Federal property by developing guidance and ensuring 
implementation of a property management strategy and by 
identifying opportunities for improved management of Federal 
properties and assets. The Council will be comprised of Federal 
officials and employees and would meet no less than four times 
each year.
    The Council is charged with establishing a property 
management plan template with performance measures and goals 
that will enable Congress and Federal agencies to improve 
Federal property management, including reducing surplus 
property, achieving better utilization of underutilized 
property, or to enhance management of high value personal 
property and track the Government's progress and to compare 
Federal agencies' performances with the private sector and 
other public sector agencies. The Council will also be required 
to submit to OMB a report that includes a list of 
underutilized, excess, and surplus Federal real properties and 
the progress achieved in Federal real property management. 
Federal agencies with independent leasing authority are 
directed to submit to the Council information about their 
leases no later than December 31 of each year following 
enactment.
    This section also requires GSA to create and maintain a 
database of all Federal real property assets. This database 
will include descriptive information about each property and a 
list of completed real property disposals. This database will 
be publicly available, to the extent possible considering 
national security and public safety concerns, on the GSA 
website no later than three years after the enactment of this 
bill.
    Under this section, the Postmaster General of the United 
States is required to identify postal properties with available 
space for use by other Federal agencies. This list of 
properties is to be submitted to Congress and to each Federal 
agency, with the option of also submitting this list of 
identified available properties to the Council. Each Federal 
agency is required to review the list submitted by the 
Postmaster General and recommend colocations if appropriate. 
The Postmaster General and applicable agency head are then 
directed to establish appropriate terms of a lease for each 
postal property.

Section 4. United States Postal Service property management

    This section provides definitions for postal property 
management, requires the United States Postal Service to 
maintain adequate inventory controls and accountability systems 
for its property, and directs it to develop workforce 
projections to assess the property needs of the Postal Service. 
It also encourages the Postal Service to develop a 5-year 
management template to better manage postal property which 
shall include an assessment of its real property assets. This 
section does not require the Postal Service to conduct an 
appraisal of its real property assets.

Section 5. Agency retention of proceeds

    Under this section the net proceeds from the sale of a real 
property asset will be deposited with the agency that had 
custody and accountability for the asset at the time it was 
determined to be excess property. Federal agencies are 
permitted to use these proceeds as authorized in annual 
appropriations acts for purposes of real property management 
and disposals, for activities pursuant to the Federal Buildings 
Personnel Training Act, or for deficit reduction. This section 
is not intended to affect any other provision of Federal law 
that directs the use of retained proceeds to a different use.

Section 6. Inspector General report on United States Postal Service 
        property

    This section requires the Inspector General of the United 
States Postal Service to submit a report to Congress on the 
excess property held by the Postal Service and recommendations 
for reducing excess capacity and increasing collocation with 
other Federal agencies without diminishing the ability of the 
Postal Service to meet service standards.

Section 7. Reports on United States Postal fleet modernization

    This section requires the GAO to submit a report to 
Congress on integrating the use of collision-averting 
technology into its vehicle fleet and on designing mail 
delivery vehicles that are equipped for diverse geographic 
conditions. This section also requires the United States Postal 
Service to submit a report to Congress about its fleet 
replacement and modernization efforts and strategic planning.

Section 8. Surplus property donations to museums

    Under this section, museums that are not for profit and are 
open to the public on a regularly scheduled weekly basis during 
normal business hours may receive donations of surplus Federal 
personal property for purposes of education or public health, 
including research.

Section 9. Duties of federal agencies

    This section provides additional required duties for 
Federal agencies to exercise in the management of Federal real 
property. These additional duties include establishing goals 
and policies that will lead the executive agency to reduce 
excess property and underutilized property in its inventory, 
assessing leased space to identify space that is not fully used 
or occupied, and on an annual basis and subject to the guidance 
of the Council, submit an annual report to the Council on all 
excess and underutilized real properties. Under this section, 
Federal agencies must also conduct an annual inventory of their 
real property assets to be submitted to the Council and GSA for 
inclusion in the real property database established by this 
bill.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                                     July 11, 2016.
Hon. Ron Johnson, Chairman,
Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2509, the Federal 
Property Management Reform Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Matthew Pickford.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2509--Federal Property Management Reform Act of 2016

    Summary: S. 2509 would amend federal laws related to 
managing federal property. Specifically the legislation would 
require the United States Postal Service (USPS) to prepare a 
physical and financial assessment for each of its properties. 
In addition, the bill would codify and expand the duties and 
responsibilities of the Federal Real Property Council (FRPC), 
provide new authorities to the General Services Administration 
(GSA), and require additional reports from federal agencies on 
their use of real property, whether owned or leased.
    CBO estimates that enacting the bill would increase direct 
spending by the USPS by $15 million over the 2017-2021 period. 
USPS cash flows are classified as off-budget. Because enacting 
the legislation would affect only direct spending that is off-
budget and would not affect revenues, pay-as-you-go procedures 
do not apply.
    In addition, CBO estimates that implementing S. 2509 would 
cost federal agencies $3 million over the 2017-2021 period for 
additional administrative and reporting activities related to 
property disposal; such spending would be subject to the 
availability of appropriated funds.
    CBO estimates that enacting S. 2509 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 2509 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2509 is shown in the following table. 
The costs of this legislation fall within budget functions 370 
(commerce and housing credit) and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2017      2018      2019      2020      2021    2017-2021
----------------------------------------------------------------------------------------------------------------
                                    INCREASES IN DIRECT SPENDING (OFF-BUDGET)
 
Estimated Budget Authority.........................        10         5         0         0         0         15
Estimated Outlays..................................        10         5         0         0         0         15
 
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level......................         1         *         *         *         *          3
Estimated Outlays..................................         1         *         *         *         *          3
----------------------------------------------------------------------------------------------------------------
Notes:* = less than $500,000; components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that S. 
2509 will be enacted near the end of 2016, that the necessary 
funds will be available each year, and that spending will 
follow historical patterns for the affected programs.
    Direct spending. S. 2509 would direct the USPS to prepare 
an assessment for each of its properties, including information 
on the age and condition, annual operating costs, capital 
expenditures, and estimated operation and maintenance costs. 
The Postal Service has roughly 30,000 properties that would be 
affected by the bill. Based on information from the USPS and 
the costs of similar activities, CBO expects that assessments 
would cost, on average, about $500. Thus, CBO estimates that 
enacting the bill would increase direct spending by $15 million 
over the 2017-2018 period for the agency to carry out the 
assessments required by S. 2509. Spending by the Postal Service 
is classified as off-budget.
    Spending subject to appropriation. S. 2509 would codify and 
expand the duties of the FRPC, increase the reporting 
responsibilities of landholding agencies, require GSA to 
improve its database of federal real property, and require the 
USPS Inspector General to prepare a report on excess property 
held by the Postal Service. Under the legislation, the FRPC 
would need to develop new measures to evaluate the use of 
government facilities and to create a strategy to reduce the 
need to lease buildings. The FRPC also would need to create a 
list of excess, surplus, and underultized property, and 
properties that would be available for federal agencies to 
share. Finally, agencies would have to report new information 
to the FRPC, including the cost of selling properties, the 
amount of capital expenditures per building, and the number of 
federal employees and contractors that use each facility.
    Based on information from GSA and some landholding agencies 
and the costs of similar activities, CBO estimates that 
implementing those provisions would cost about $3 million over 
the 2017-2021 period, mostly for salaries and expenses.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 2509 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal spending: Mark Grabowicz and 
Matthew Pickford; Impact on State, local, and tribal 
governments: Jon Sperl; Impact on the private sector: Paige 
Piper/Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *


Subtitle I--Federal Property and Administrative Services

           *       *       *       *       *       *       *


CHAPTER 1--GENERAL

           *       *       *       *       *       *       *



Subchapter I--Purpose and Definitions

           *       *       *       *       *       *       *



SEC. 102. DEFINITIONS.

    [The] Except as provided in subchapters VII and VIII of 
chapter 5 of this title, the following definitions apply in 
chapters 1 through 7 of this title and in division C (except 
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
I of title 41:

           *       *       *       *       *       *       *


CHAPTER 5--PROPERTY MANAGEMENT

           *       *       *       *       *       *       *



Subchapter II--Use of Property

           *       *       *       *       *       *       *



SEC. 524. DUTIES OF EXECUTIVE AGENCIES.

    (a)
          (1) * * *

           *       *       *       *       *       *       *

          (4) perform the care and handling of excess property; 
        [and]
          (5) transfer or dispose of excess property as 
        promptly as possible in accordance with authority 
        delegated and regulations prescribed by the 
        Administrator[.];
          (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 the 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.

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


Subchapter III--Disposing of Property

           *       *       *       *       *       *       *



SEC. 549. DONATION OF PERSONAL PROPERTY THROUGH STATE AGENCIES.

    (a) * * *
    (b) * * *
    (c) * * *
          (1) * * *
          (2) * * *
          (3) * * *
                  (A) * * *
                  (B) * * *
                          (i) * * *

           *       *       *       *       *       *       *

                          [(vii) a museum attended by the 
                        public] (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);

           *       *       *       *       *       *       *


             Subchapter IV--Proceeds from Sale or Transfer


SEC. 571. GENERAL RULES FOR DEPOSIT AND USE OF PROCEEDS.

    [(a) Deposit in Treasury as Miscellaneous Receipts.--
          [(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 referred to in paragraph 
        (1) are proceeds under this chapter from a--
                  [(A) transfer of excess property to a federal 
                agency for agency use; or
                  [(B) sale, lease, or other disposition of 
                surplus property.
    [(b) Payment of Expenses of Sale Before Deposit.--Subject 
to regulations under this subtitle, the expenses of the sale of 
old material, condemned stores, supplies, or other public 
property may be paid from the proceeds of sale so that only the 
net proceeds are deposited in the Treasury. This subsection 
applies whether proceeds are deposited as miscellaneous 
receipts or to the credit of an appropriation as authorized by 
law.]
    (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.

           *       *       *       *       *       *       *


                  Subchapter VII--Property Management

Table of sections
Sec.
621. Definitions.
622. Collocation among United States Postal Service properties.
623. Establishment of a Federal Property Council.
624. Inventory and database.
625. Information on certain leasing authorities.

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 of 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 than 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 the 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 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, 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 non-
        governmental 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 
                efficiency 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 non-
        governmental 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 makes 
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 II 
        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.
    (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 II 
        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.

   Subchapter VIII--United States Postal Service Property Management

Table of Sections
Sec.
641. Definitions.
642. 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 improvement 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.

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