[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2509 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2509
To improve the Government-wide management of Federal property.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2016
Mr. Carper (for himself, Mr. Portman, Mr. Johnson, Mr. King, Ms.
Heitkamp, and Mr. Lankford) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To improve the Government-wide management of Federal property.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Property Management Reform
Act of 2016''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase the efficiency and
effectiveness of the Federal Government in managing property of the
Federal Government by--
(1) requiring the United States Postal Service to take
appropriate measures to better manage and account for property
and modernize the Postal fleet;
(2) providing for increased collocation with Postal Service
facilities and guidance on Postal Service leasing practices;
(3) establishing a Federal Property Council to develop
guidance on and ensure the implementation of strategies for
better managing Federal property;
(4) providing incentives to agencies to dispose of excess
property through retention of proceeds; and
(5) providing guidance for surplus property donations to
museums.
SEC. 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
Property Council established by section 623(a).
``(3) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(4) Disposal.--The term `disposal' means any action that
constitutes the removal of any property from the inventory of
the Federal agency, including sale, transfer, deed, demolition,
donation, or exchange.
``(5) Federal agency.--The term `Federal agency' means--
``(A) an executive department or independent
establishment in the executive branch of the
Government; or
``(B) a wholly owned Government corporation.
``(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 building owned or leased by the United States Postal
Service.
``(8) Public-private partnership.--The term `public-private
partnership' means any partnership or working relationship
between a Federal agency and a corporation, individual, or
nonprofit organization for the purpose of financing,
constructing, operating, managing, or maintaining 1 or more
Federal real property assets.
``(9) Underutilized property.--The term `underutilized
property' means a portion or the entirety of any real property,
including any improvements, that is used--
``(A) irregularly or intermittently by the
accountable Federal agency for program purposes of the
Federal agency; or
``(B) for program purposes that can be satisfied
only with a portion of the property.
``Sec. 622. Collocation among United States Postal Service properties
``(a) Identification of Postal Property.--Each year, the Postmaster
General shall--
``(1) identify a list of postal properties with space
available for use by Federal agencies; and
``(2) not later than September 30, submit the list to--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Oversight and Government
Reform of the House of Representatives.
``(b) Voluntary Identification of Postal Property.--Each year, the
Postmaster General may submit the list under subsection (a) to the
Council.
``(c) Submission of List of Postal Properties to Federal
Agencies.--
``(1) In general.--Not later than 30 days after the
completion of a list under subsection (a), the Council shall
provide the list to each Federal agency.
``(2) Review by federal agencies.--Not later than 90 days
after the receipt of the list submitted under paragraph (1),
each Federal agency shall--
``(A) review the list;
``(B) review properties under the control of the
Federal agency; and
``(C) recommend collocations if appropriate.
``(d) Terms of Collocation.--On approval of the recommendations
under subsection (c) by the Postmaster General and the applicable
agency head, the Federal agency or appropriate landholding entity may
work with the Postmaster General to establish appropriate terms of a
lease for each postal property.
``(e) Rule of Construction.--Nothing in this section exceeds,
modifies, or supplants any other Federal law relating to any
competitive bidding process governing the leasing of postal property.
``Sec. 623. Establishment of a Federal Property Council
``(a) Establishment.--There is established a Federal Property
Council.
``(b) Purpose.--The purpose of the Council shall be--
``(1) to develop guidance and ensure implementation of an
efficient and effective property management strategy;
``(2) to identify opportunities for the Federal Government
to better manage property and assets of the Federal Government;
and
``(3) to reduce the costs of managing property of the
Federal Government, including operations, maintenance, and
security associated with Federal property.
``(c) Composition.--
``(1) In general.--The Council shall be composed
exclusively of--
``(A) the senior real property officers of each
Federal agency and the Postal Service;
``(B) the Deputy Director for Management of the
Office of Management and Budget;
``(C) the Controller of the Office of Management
and Budget;
``(D) the Administrator; and
``(E) any other full-time or permanent part-time
Federal officials or employees, as the Chairperson
determines to be necessary.
``(2) Chairperson.--The Deputy Director for Management of
the Office of Management and Budget shall serve as Chairperson
of the Council.
``(3) Executive director.--
``(A) In general.--The Chairperson shall designate
an Executive Director to assist in carrying out the
duties of the Council.
``(B) Qualifications; full-time.--The Executive
Director shall--
``(i) be appointed from among individuals
who have substantial experience in the areas of
commercial real estate and development, real
property management, and Federal operations and
management;
``(ii) serve full time; and
``(iii) hold no outside employment that may
conflict with duties inherent to the position.
``(d) Meetings.--
``(1) In general.--The Council shall meet subject to the
call of the Chairperson.
``(2) Minimum.--The Council shall meet not fewer than 4
times each year.
``(e) Duties.--The Council, in consultation with the Director and
the Administrator, shall--
``(1) not later than 1 year after the date of enactment of
this subchapter, establish a property management plan template,
to be updated annually, which shall include performance
measures, specific milestones, measurable savings, strategies,
and Government-wide goals based on the goals established under
section 524(a)(7) to reduce surplus property, to achieve better
utilization of underutilized property, or to enhance management
of high value personal property, and evaluation criteria to
determine the effectiveness of property management that are
designed--
``(A) to enable Congress and heads of Federal
agencies to track progress in the achievement of
property management objectives on a Government-wide
basis;
``(B) to improve the management of real property;
and
``(C) to allow for comparison of the performance of
Federal agencies against industry and other public
sector agencies in terms of performance;
``(2) develop standard utilization rates consistent
throughout each category of space and with nongovernmental
space use rates;
``(3) develop a strategy to reduce the reliance of Federal
agencies on leased space for long-term needs if ownership would
be less costly;
``(4) provide guidance on eliminating inefficiencies in the
Federal leasing process;
``(5) compile a list of field offices that are suitable for
collocation with other property assets;
``(6) research best practices regarding the use of public-
private partnerships to manage properties and develop
guidelines for the use of those partnerships in the management
of Federal property;
``(7) not later than 1 year after the date of enactment of
this subchapter--
``(A) examine the disposal of surplus property
through the State Agencies for Surplus Property
program; and
``(B) issue a report that includes recommendations
on how the program could be improved to ensure
accountability and increase efficiencies in the
property disposal process; and
``(8) not later than 1 year after the date of enactment of
this subchapter and annually during the 4-year period beginning
on the date that is 1 year after the date of enactment of this
subchapter and ending on the date that is 5 years after the
date of enactment of this subchapter, the Council shall submit
to the Director a report that contains--
``(A) a list of the remaining excess property or
surplus property that is real property, and
underutilized properties of each Federal agency;
``(B) the progress of the Council toward developing
guidance for Federal agencies to ensure that the
assessment required under section 524(a)(11)(B) is
carried out in a uniform manner;
``(C) the progress of Federal agencies toward
achieving the goals established under section
524(a)(7); and
``(D) if necessary, recommendations for legislation
or statutory reforms that would further the goals of
the Council, including streamlining the disposal of
excess real or personal property or underutilized
property.
``(f) Consultation.--In carrying out the duties described in
subsection (e), the Council shall also consult with representatives
of--
``(1) State, local, tribal authorities, and affected
communities; and
``(2) appropriate private sector entities and
nongovernmental organizations that have expertise in areas of--
``(A) commercial real estate and development;
``(B) government management and operations;
``(C) space planning;
``(D) community development, including
transportation and planning;
``(E) historic preservation;
``(F) providing housing to the homeless population;
and
``(G) personal property management.
``(g) Council Resources.--The Director and the Administrator shall
provide staffing, and administrative support for the Council, as
appropriate.
``(h) Access to Information.--The Council shall make available, on
request, all information generated by the Council in performing the
duties of the Council to--
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Oversight and Government Reform of
the House of Representatives;
``(4) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(5) the Comptroller General of the United States.
``(i) Exclusions.--In this section, surplus property shall not
include--
``(1) any military installation (as defined in section 2910
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note; Public Law 101-510));
``(2) any property that is excepted from the definition of
the term `property' under section 102;
``(3) Indian and native Eskimo property held in trust by
the Federal Government as described in section
3301(a)(5)(C)(iii);
``(4) real property operated and maintained by the
Tennessee Valley Authority pursuant to the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831 et seq.);
``(5) any real property the Director excludes for reasons
of national security;
``(6) any public lands (as defined in section 203 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered
by--
``(A) the Secretary of the Interior, acting
through--
``(i) the Director of the Bureau of Land
Management;
``(ii) the Director of the National Park
Service;
``(iii) the Commissioner of Reclamation; or
``(iv) the Director of the United States
Fish and Wildlife Service; or
``(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service; or
``(7) any property operated and maintained by the United
States Postal Service.
``Sec. 624. Inventory and database
``(a) In General.--Not later than 1 year after the date of
enactment of this subchapter, the Administrator shall establish and
maintain a single, comprehensive, and descriptive database of all real
property under the custody and control of all Federal agencies.
``(b) Contents.--The database shall include--
``(1) information provided to the Administrator under
section 524(a)(11)(B); and
``(2) a list of property disposals completed, including--
``(A) the date and disposal method used for each
property;
``(B) the proceeds obtained from the disposal of
each property;
``(C) the amount of time required to dispose of the
property, including the date on which the property is
designated as excess property;
``(D) the date on which the property is designated
as surplus property and the date on which the property
is disposed; and
``(E) all costs associated with the disposal.
``(c) Accessibility.--
``(1) Committees.--The database established under
subsection (a) shall be made available on request to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Environment and Public Works of the Senate and the
Committee on Oversight and Government Reform and the Committee
on Transportation and Infrastructure of the House of
Representatives.
``(2) General public.--Not later than 3 years after the
date of enactment of this subchapter and to the extent
consistent with national security, the Administrator shall make
the database established under subsection (a) accessible to the
public at no cost through the website of the General Services
Administration.
``(d) Exclusions.--In this section, surplus property shall not
include--
``(1) any military installation (as defined in section 2910
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note; Public Law 101-510));
``(2) any property that is excepted from the definition of
the term `property' under section 102;
``(3) Indian and native Eskimo property held in trust by
the Federal Government as described in section
3301(a)(5)(C)(iii);
``(4) real property operated and maintained by the
Tennessee Valley Authority pursuant to the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831 et seq.);
``(5) any real property the Director excludes for reasons
of national security;
``(6) any public lands (as defined in section 203 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered
by--
``(A) the Secretary of the Interior, acting
through--
``(i) the Director of the Bureau of Land
Management;
``(ii) the Director of the National Park
Service;
``(iii) the Commissioner of Reclamation; or
``(iv) the Director of the United States
Fish and Wildlife Service; or
``(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service; or
``(7) any property operated and maintained by the United
States Postal Service.
``Sec. 625. Information on certain leasing authorities
``(a) In General.--Except as provided in subsection (b), not later
than December 31 of each year following the date of enactment of this
subchapter, a Federal agency with independent leasing authority shall
submit to the Council a list of all leases, including operating leases,
in effect on the date of enactment of this subchapter that includes--
``(1) the date on which each lease was executed;
``(2) the date on which each lease will expire;
``(3) a description of the size of the space;
``(4) the location of the property;
``(5) the tenant agency;
``(6) the total annual rental payment; and
``(7) the amount of the net present value of the total
estimated legal obligations of the Federal Government over the
life of the contract.
``(b) Exception.--Subsection (a) shall not apply to--
``(1) the United States Postal Service; or
``(2) any other property the President excludes from
subsection (a) for reasons of national security.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 5
of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``subchapter vii--property management
``Sec. 621. Definitions.
``Sec. 622. Collocation among United States Postal Service properties.
``Sec. 623. Establishment of a Federal Property Council.
``Sec. 624. Inventory and database.
``Sec. 625. Information on certain leasing authorities.''.
(2) Technical amendment.--Section 102 of title 40, United
States Code, is amended in the matter preceding paragraph (1)
by striking ``The'' and inserting ``Except as provided in
subchapters VII and VIII of chapter 5 of this title, the''.
SEC. 4. UNITED STATES POSTAL SERVICE PROPERTY MANAGEMENT.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, as amended by section 3, is amended by adding at the end the
following:
``Subchapter VIII--United States Postal Service Property Management
``Sec. 641. Definitions
``In this subchapter:
``(1) Excess property.--The term `excess property' means
any postal property that the Postal Service determines is not
required to meet the needs or responsibilities of the Postal
Service.
``(2) Postal property.--The term `postal property' means
any property owned or leased by, or under the control of, the
Postal Service.
``(3) Postal service.--The term `Postal Service' means the
United States Postal Service.
``(4) Underutilized property.--The term `underutilized
property' means a portion or the entirety of any real property,
including any improvements, that is used--
``(A) irregularly or intermittently by the Postal
Service for program purposes of the Postal Service; or
``(B) for program purposes that can be satisfied
only with a portion of the property.
``Sec. 642. United States Postal Service property management
``The Postal Service--
``(1) shall maintain adequate inventory controls and
accountability systems for postal property;
``(2) shall develop current and future workforce
projections so as to have the capacity to assess the needs of
the Postal Service workforce regarding the use of property;
``(3) may develop a 5-year management template that--
``(A) establishes goals and policies that will lead
to the reduction of excess property and underutilized
property in the inventory of the Postal Service;
``(B) adopts workplace practices, configurations,
and management techniques that can achieve increased
levels of productivity and decrease the need for real
property assets;
``(C) assesses leased space to identify space that
is not fully used or occupied;
``(D) develops recommendations on how to address
excess capacity at Postal Service facilities without
negatively impacting mail delivery; and
``(E) develops recommendations on ensuring the
security of mail processing operations; and
``(4) shall, on a regular basis--
``(A) conduct an inventory of postal property that
is real property; and
``(B) make an assessment of each property described
in subparagraph (A), which shall include--
``(i) the age and condition of the
property;
``(ii) the size of the property in square
footage and acreage;
``(iii) the geographical location of the
property, including an address and description;
``(iv) the extent to which the property is
being utilized;
``(v) the actual annual operating costs
associated with the property;
``(vi) the total cost of capital
expenditures associated with the property;
``(vii) the number of postal employees,
contractor employees, and functions housed at
the property;
``(viii) the extent to which the mission of
the Postal Service is dependent on the
property; and
``(ix) the estimated amount of capital
expenditures projected to maintain and operate
the property over each of the next 5 years
after the date of enactment of this
subchapter.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of subtitle I of title 40, United States Code, as amended by
section 3, is amended by inserting after the item relating to section
626 the following:
``subchapter viii--united states postal service property management
``Sec. 641. Definitions.
``Sec. 642. United States Postal Service property management.''.
SEC. 5. AGENCY RETENTION OF PROCEEDS.
Section 571 of title 40, United States Code, is amended to read as
follows:
``Sec. 571. General rules for deposit and use of proceeds
``(a) Proceeds From Transfer or Sale of Real Property.--
``(1) Deposit of net proceeds.--Net proceeds described in
subsection (d) shall be deposited into the appropriate account
of the agency that had custody and accountability for the
property at the time the property is determined to be excess.
``(2) Expenditure of net proceeds.--The net proceeds
deposited pursuant to paragraph (1) may only be expended as
authorized in annual appropriations Acts, for--
``(A) activities described in sections 543 and 545,
including paying costs incurred by the General Services
Administration for any disposal-related activity
authorized by this title; and
``(B) activities pursuant to implementation of the
Federal Buildings Personnel Training Act of 2010 (40
U.S.C. 581 note; Public Law 111-308).
``(3) Deficit reduction.--Any net proceeds described in
subsection (d) from the sale, lease, or other disposition of
surplus real property that are not expended under paragraph (2)
shall be used for deficit reduction.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574.
``(c) Disposal Agency for Reverted Property.--For the purposes of
this section, for any property that reverts to the United States under
sections 550 and 553, the General Services Administration, as the
disposal agency, shall be treated as the agency with custody and
accountability for the property at the time the property is determined
to be excess.
``(d) Net Proceeds.--The net proceeds described in this subsection
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a), from--
``(1) a transfer of excess real property to a Federal
agency for agency use; or
``(2) a sale, lease, or other disposition of surplus real
property.
``(e) Proceeds From Transfer or Sale of Personal Property.--
``(1) In general.--Except as otherwise provided in this
subchapter, proceeds described in paragraph (2) shall be
deposited in the Treasury as miscellaneous receipts.
``(2) Proceeds.--The proceeds described in this paragraph
are proceeds under this chapter from--
``(A) a transfer of excess personal property to a
Federal agency for agency use; or
``(B) a sale, lease, or other disposition of
surplus personal property.
``(3) Payment of expenses of sale before deposit.--
``(A) In general.--Subject to regulations under
this subtitle, the expenses of the sale of personal
property may be paid from the proceeds of the sale so
that only the net proceeds are deposited in the
Treasury.
``(B) Application.--This paragraph applies whether
proceeds are deposited as miscellaneous receipts or to
the credit of an appropriation as authorized by law.''.
SEC. 6. MULTI-BROKER LEASE OF POSTAL SERVICE FACILITIES.
(a) In General.--Chapter 20 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 2012. Multi-broker lease of Postal Service facilities
``(a) Definition.--In this section, the term `multi-broker contract
vehicle' means a contract vehicle, similar to the National Broker
Contract used by the General Services Administration, that encourages
competition through the use of multiple national real estate companies.
``(b) Requirement To Use Multi-Broker Lease.--
``(1) In general.--Except as provided in paragraph (2), the
Postal Service shall use a multi-broker contract vehicle to
acquire any leased property.
``(2) Exception.--Paragraph (1) shall not apply to a leased
property--
``(A) that the Postal Service acquired before the
date of enactment of the Federal Property Management
Reform Act of 2016; and
``(B) the lease for which the Postal Service
renews, using its own resources, on or after the date
of enactment of the Federal Property Management Reform
Act of 2016.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 20 of title 39, United States Code, is amended by adding at the
end the following:
``2012. Multi-broker lease of Postal Service facilities.''.
SEC. 7. INSPECTOR GENERAL REPORT ON UNITED STATES POSTAL SERVICE
PROPERTY.
(a) Definition of Excess Property.--In this section, the term
``excess property'' has the meaning given the term in section 641 of
title 40, United States Code, as added by section 4.
(b) Excess Property Report.--Not later than 2 years after the date
of enactment of this Act, the Inspector General of the United States
Postal Service shall submit to Congress a report that includes--
(1) a survey of excess property held by the United States
Postal Service; and
(2) recommendations for repurposing property identified in
paragraph (1)--
(A) to--
(i) reduce excess capacity; and
(ii) increase collocation with other
Federal agencies; and
(B) without diminishing the ability of the United
States Postal Service to meet the service standards
established under section 3691 of title 39, United
States Code, as in effect on January 1, 2016.
SEC. 8. REPORTS ON UNITED STATES POSTAL SERVICE FLEET MODERNIZATION.
(a) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall study
and submit to Congress a report on--
(1) the feasibility of the United States Postal Service
designing mail delivery vehicles that are equipped for diverse
geographic conditions such as travel in rural areas and extreme
weather conditions; and
(2) the feasibility and cost of the United States Postal
Service integrating the use of collision-averting technology
into its vehicle fleet.
(b) Postal Service Report.--Not later than 1 year after the date of
enactment of this Act, the United States Postal Service shall submit to
Congress a report that includes--
(1) a review of the efforts of the United States Postal
Service relating to fleet replacement and modernization; and
(2) a strategy for carrying out the fleet replacement and
lifecycle plan of the United States Postal Service.
SEC. 9. SURPLUS PROPERTY DONATIONS TO MUSEUMS.
Section 549(c)(3)(B) of title 40, United States Code, is amended by
striking clause (vii) and inserting the following:
``(vii) a museum open to the public on a
regularly scheduled weekly basis, and the hours
of operation are, at a minimum, during normal
business hours (as determined by the
Administrator and including a museum for which
the nonprofit educational or public health
institution or organization accedes to any
request submitted for access);''.
SEC. 10. DUTIES OF FEDERAL AGENCIES.
Section 524(a) of title 40, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) develop current and future workforce projections so
as to have the capacity to assess the needs of the Federal
workforce regarding the use of real property;
``(7) establish goals and policies that will lead the
executive agency to reduce excess property and underutilized
property in the inventory of the executive agency;
``(8) submit to the Federal Property Council an annual
report on all excess property that is real property and
underutilized property in the inventory of the executive
agency, including--
``(A) whether underutilized property can be better
utilized, including through collocation with other
executive agencies or consolidation with other
facilities; and
``(B) the extent to which the executive agency
believes that retention of the underutilized property
serves the needs of the executive agency;
``(9) adopt workplace practices, configurations, and
management techniques that can achieve increased levels of
productivity and decrease the need for real property assets;
``(10) assess leased space to identify space that is not
fully used or occupied;
``(11) on an annual basis and subject to the guidance of
the Federal Property Council--
``(A) conduct an inventory of real property under
control of the executive agency; and
``(B) make an assessment of each property, which
shall include--
``(i) the age and condition of the
property;
``(ii) the size of the property in square
footage and acreage;
``(iii) the geographical location of the
property, including an address and description;
``(iv) the extent to which the property is
being utilized;
``(v) the actual annual operating costs
associated with the property;
``(vi) the total cost of capital
expenditures incurred by the Federal Government
associated with the property;
``(vii) sustainability metrics associated
with the property;
``(viii) the number of Federal employees
and contractor employees and functions housed
at the property;
``(ix) the extent to which the mission of
the executive agency is dependent on the
property;
``(x) the estimated amount of capital
expenditures projected to maintain and operate
the property during the 5-year period beginning
on the date of enactment of this paragraph; and
``(xi) any additional information required
by the Administrator of General Services to
carry out section 623; and
``(12) provide to the Federal Property Council and the
Administrator of General Services the information described in
paragraph (11)(B) to be used for the establishment and
maintenance of the database described in section 624.''.
<all>