[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-318
114th Congress

An Act


 
To improve the Government-wide management of Federal
property. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <>  SHORT TITLE.

This Act may be cited as the ``Federal Property Management Reform
Act of 2016''.
SEC. 2. <>  PURPOSE.

The purpose of this Act is to increase the efficiency and
effectiveness of the Federal Government in managing property of the
Federal Government by--
(1) requiring the United States Postal Service to take
appropriate measures to better manage and account for property;
(2) providing for increased collocation with Postal Service
facilities and guidance on Postal Service leasing practices; and
(3) establishing a Federal Real Property Council to develop
guidance on and ensure the implementation of strategies for
better managing Federal property.
SEC. 3. PROPERTY MANAGEMENT.

(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following:

``Subchapter VII <> --Property Management
``Sec. 621. <>  Definitions

``In this subchapter:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Council.--The term `Council' means the Federal Real
Property Council established by section 623(a).
``(3) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(4) Federal agency.--The term `Federal agency' means--
``(A) an executive department or independent
establishment in the executive branch of the Government;
or
``(B) a wholly owned Government corporation (other
than the United States Postal Service).
``(5) Field office.--The term `field office' means any
office of a Federal agency that is not the headquarters office
location for the Federal agency.

[[Page 1609]]

``(6) Postal property.--The term `postal property' means any
property owned or leased by the United States Postal Service.
``(7) Public-private partnership.--The term `public-private
partnership' means any partnership or working relationship
between a Federal agency and a corporation, individual, or
nonprofit organization for the purpose of financing,
constructing, operating, managing, or maintaining one or more
Federal real property assets.
``(8) Underutilized property.--The term `underutilized
property' means a portion or the entirety of any real property,
including any improvements, that is used--
``(A) irregularly or intermittently by the
accountable Federal agency for program purposes of the
Federal agency; or
``(B) for program purposes that can be satisfied
only with a portion of the property.
``Sec. 622. <>  Collocation among United States
Postal Service properties

``(a) Identification of Postal Property.--Each year, the Postmaster
General shall--
``(1) <>  identify a list of postal
properties with space available for use by Federal agencies; and
``(2) <>  not later than September 30,
submit the list to--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Oversight and Government
Reform of the House of Representatives.

``(b) Voluntary Identification of Postal Property.--Each year, the
Postmaster General may submit the list under subsection (a) to the
Council.
``(c) <>  Submission of List of Postal Properties
to Federal Agencies.--
``(1) In general.--Not later than 30 days after the
completion of a list under subsection (a), the Council shall
provide the list to each Federal agency.
``(2) Review by federal agencies.--Not later than 90 days
after the receipt of the list submitted under paragraph (1),
each Federal agency shall--
``(A) review the list;
``(B) review properties under the control of the
Federal agency; and
``(C) <>  recommend
collocations if appropriate.

``(d) Terms of Collocation.--On approval of the recommendations
under subsection (c) by the Postmaster General and the applicable agency
head, the Federal agency or appropriate landholding entity may work with
the Postmaster General to establish appropriate terms of a lease for
each postal property.
``(e) Rule of Construction.--Nothing in this section exceeds,
modifies, or supplants any other Federal law relating to any competitive
bidding process governing the leasing of postal property.
``Sec. 623. <>  Establishment of a Federal Real
Property Council

``(a) Establishment.--There is established a Federal Real Property
Council.
``(b) Purpose.--The purpose of the Council shall be--

[[Page 1610]]

``(1) to develop guidance and ensure implementation of an
efficient and effective real property management strategy;
``(2) to identify opportunities for the Federal Government
to better manage property and assets of the Federal Government;
and
``(3) to reduce the costs of managing property of the
Federal Government, including operations, maintenance, and
security associated with Federal property.

``(c) Composition.--
``(1) In general.--The Council shall be composed exclusively
of--
``(A) the senior real property officers of each
Federal agency;
``(B) the Deputy Director for Management of the
Office of Management and Budget;
``(C) the Controller of the Office of Management and
Budget;
``(D) the Administrator; and
``(E) any other full-time or permanent part-time
Federal officials or employees, as the Chairperson
determines to be necessary.
``(2) Chairperson.--The Deputy Director for Management of
the Office of Management and Budget shall serve as Chairperson
of the Council.
``(3) Executive director.--
``(A) <>  In general.--The
Chairperson shall designate an Executive Director to
assist in carrying out the duties of the Council.
``(B) Qualifications.--The Executive Director
shall--
``(i) <>  be appointed
from among individuals who have substantial
experience in the areas of commercial real estate
and development, real property management, and
Federal operations and management; and
``(ii) hold no outside employment that may
conflict with duties inherent to the position.

``(d) Meetings.--
``(1) In general.--The Council shall meet subject to the
call of the Chairperson.
``(2) Minimum.--The Council shall meet not fewer than 4
times each year.

``(e) <>  Duties.--The Council, in consultation
with the Director and the Administrator, shall--
``(1) <>  not later than 1 year
after the date of enactment of this subchapter, establish a real
property management plan template, to be updated annually, which
shall include performance measures, specific milestones,
measurable savings, strategies, and Government-wide goals based
on the goals established under section 524(a)(7) to reduce
surplus property or to achieve better utilization of
underutilized property, and evaluation criteria to determine the
effectiveness of real property management that are designed--
``(A) to enable Congress and heads of Federal
agencies to track progress in the achievement of
property management objectives on a Government-wide
basis;
``(B) to improve the management of real property;
and

[[Page 1611]]

``(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

[[Page 1612]]

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.

[[Page 1613]]

``(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

[[Page 1614]]

of productivity and decrease the need for real property
assets;
``(C) <>  assesses leased space
to identify space that is not fully used or occupied;
``(D) <>  develops
recommendations on how to address excess capacity at
Postal Service facilities without negatively impacting
mail delivery; and
``(E) <>  develops
recommendations on ensuring the security of mail
processing operations; and
``(4) if the Postal Service develops a template under
paragraph (3) shall, as part of that template and on a regular
basis--
``(A) <>  conduct an inventory of
postal property that is real property; and
``(B) <>  publish a
report that covers each property identified under
subparagraph (A), similar to the USPS Owned Facilities
Report and the USPS Leased Facilities Report, that
includes--
``(i) the date on which the Postal Service
first occupied the property;
``(ii) the size of the property in square
footage and acreage;
``(iii) the geographical location of the
property, including an address and description;
``(iv) the extent to which the property is
being utilized;
``(v) the actual annual operating costs
associated with the property;
``(vi) the total cost of capital expenditures
associated with the property;
``(vii) the number of postal employees,
contractor employees, and functions housed at the
property;
``(viii) the extent to which the mission of
the Postal Service is dependent on the property;
and
``(ix) <>  the estimated
amount of capital expenditures projected to
maintain and operate the property over each of the
next 5 years after the date of enactment of this
chapter.

``(b) Rule of Construction.--Nothing in subsection (a)(4)(B) shall
be construed to require the Postal Service to obtain an appraisal of
postal property.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part III of title 39, United States Code, <> is amended by adding at the end the following:

``29. Property Management........................................2901''.
SEC. 5. INSPECTOR GENERAL REPORT ON UNITED STATES POSTAL SERVICE
PROPERTY.

(a) Definition of Excess Property.--In this section, the term
``excess property'' has the meaning given the term in section 2901 of
title 39, United States Code, as added by section 4.
(b) Excess Property Report.--Not later than 2 years after the date
of enactment of this Act, the Inspector General of the United States
Postal Service shall submit to Congress a report that includes--
(1) <>  a survey of excess property held by
the United States Postal Service; and

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(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;

[[Page 1616]]

``(vii) sustainability metrics associated with
the property;
``(viii) the number of Federal employees and
contractor employees and functions housed at the
property;
``(ix) the extent to which the mission of the
executive agency is dependent on the property;
``(x) the estimated amount of capital
expenditures projected to maintain and operate the
property during the 5-year period beginning on the
date of enactment of this paragraph; and
``(xi) any additional information required by
the Administrator of General Services to carry out
section 623; and
``(12) provide to the Federal Real Property Council and the
Administrator of General Services the information described in
paragraph (11)(B) to be used for the establishment and
maintenance of the database described in section 21 of the
Federal Assets Sale and Transfer Act of 2016.''.

(b) Definition of Executive Agency.--Section 524 of title 40, United
States Code, is amended by adding at the end the following:
``(c) Definition of Executive Agency.--For the purpose of paragraphs
(6) through (12) of subsection (a), the term `executive agency' shall
have the meaning given the term `Federal agency' in section 621.''.
SEC. 7. TECHNICAL AMENDMENTS.

(a) Definition of Applicable Act.--In this section, the term
``applicable Act'' means the Federal Assets Sale and Transfer Act of
2016 (H.R. 4465, 114th Congress, 2d Session).
(b) Board.--Section 4(c) of the applicable Act <>  is amended by striking paragraphs (1) through (3) and inserting
the following:
``(1) In general.--The Board shall be composed of a
Chairperson appointed by the President, by and with the advice
and consent of the Senate, and 6 members appointed by the
President.
``(2) Appointments.--
``(A) In general.--In selecting individuals for
appointments to the Board, the President shall appoint
members in the following manner:
``(i) Two members recommended by the Speaker
of the House of Representatives.
``(ii) Two members recommended by the majority
leader of the Senate.
``(iii) One member recommended by the minority
leader of the House of Representatives.
``(iv) One member recommended by the minority
leader of the Senate.
``(B) Deadline.--The appointment of members to the
Board shall be made not later than 90 days after the
date of enactment of this Act.
``(3) Terms.--The term for each member of the Board shall be
6 years.''.

(c) Agency Retention of Proceeds.--

[[Page 1617]]

(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.

Approved December 16, 2016.

LEGISLATIVE HISTORY--H.R. 6451:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 8, considered and passed House.
Dec. 9, considered and passed Senate.