,,ii #aadth ,,congress #b;d ,session ,h4 ,r4 #fdea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #h1 #bjaf,received ,,an ,,act ,to improve the ,government-wide management of ,federal property4 #a4 ,short title ,this ,act may be cited as the ,federal ,property ,management ,reform ,act of #bjaf4 #b4 ,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-- 7#a7 requiring the ,united ,states ,postal ,service to take appropriate measures to better manage and account for property2 7#b7 providing for increased collocation with ,postal ,service facilities and guidance on ,postal ,service leasing practices2 and 7#c7 establishing a ,federal ,real ,property ,council to develop guidance on and ensure the implementation of strategies for better managing ,federal property4 #c4 ,property management 7a7 ,in general ,chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vii ,property management #fba4 ,definitions ,in this subchapter3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,council ,the term ,council means the ,federal ,real ,property ,council established by section #fbc7;a74 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 or 7,b7 a wholly owned ,government corporation 7other than the ,united ,states ,postal ,service74 7#e7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 7#f7 ,postal property ,the term postal property means any property owned or leased by the ,united ,states ,postal ,service4 7#g7 ,public-private partnership ,the term public-private partnership means any partnership or working relationship between a ,federal agency and a corporation1 individual1 or nonprofit organization for the purpose of financing1 constructing1 operating1 managing1 or maintaining one or more ,federal real property assets4 7#h7 ,underutilized property ,the term underutilized property means a portion or the entirety of any real property1 including any improvements1 that is used-- 7,a7 irregularly or intermittently by the accountable ,federal agency for program purposes of the ,federal agency2 or 7,b7 for program purposes that can be satisfied only with a portion of the property4 #fbb4 ,collocation among ,united ,states ,postal ,service properties 7a7 ,identification of postal property ,each year1 the ,postmaster ,general shall-- 7#a7 identify a list of postal properties with space available for use by ,federal agencies2 and 7#b7 not later than ,september #cj1 submit the list to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7b7 ,voluntary identification of postal property ,each year1 the ,postmaster ,general may submit the list under subsection 7a7 to the ,council4 7c7 ,submission of list of postal properties to federal agencies 7#a7 ,in general ,not later than #cj days after the completion of a list under subsection 7a71 the ,council shall provide the list to each ,federal agency4 7#b7 ,review by federal agencies ,not later than #ij days after the receipt of the list submitted under paragraph 7#a71 each ,federal agency shall-- 7,a7 review the list2 7,b7 review properties under the control of the ,federal agency2 and 7,c7 recommend collocations if appropriate4 7d7 ,terms of collocation ,on approval of the recommendations under subsection 7c7 by the ,postmaster ,general and the applicable agency head1 the ,federal agency or appropriate landholding entity may work with the ,postmaster ,general to establish appropriate terms of a lease for each postal property4 7e7 ,rule of construction ,nothing in this section exceeds1 modifies1 or supplants any other ,federal law relating to any competitive bidding process governing the leasing of postal property4 #fbc4 ,establishment of a ,federal ,real ,property ,council 7a7 ,establishment ,there is established a ,federal ,real ,property ,council4 7b7 ,purpose ,the purpose of the ,council shall be-- 7#a7 to develop guidance and ensure implementation of an efficient and effective real property management strategy2 7#b7 to identify opportunities for the ,federal ,government to better manage property and assets of the ,federal ,government2 and 7#c7 to reduce the costs of managing property of the ,federal ,government1 including operations1 maintenance1 and security associated with ,federal property4 7c7 ,composition 7#a7 ,in general ,the ,council shall be composed exclusively of-- 7,a7 the senior real property officers of each ,federal agency2 7,b7 the ,deputy ,director for ,management of the ,office of ,management and ,budget2 7,c7 the ,controller of the ,office of ,management and ,budget2 7,d7 the ,administrator2 and 7,e7 any other full-time or permanent part-time ,federal officials or employees1 as the ,chairperson determines to be necessary4 7#b7 ,chairperson ,the ,deputy ,director for ,management of the ,office of ,management and ,budget shall serve as ,chairperson of the ,council4 7#c7 ,executive director 7,a7 ,in general ,the ,chairperson shall designate an ,executive ,director to assist in carrying out the duties of the ,council4 7,b7 ,qualifications ,the ,executive ,director shall-- 7i7 be appointed from among individuals who have substantial experience in the areas of commercial real estate and development1 real property management1 and ,federal operations and management2 and 7ii7 hold no outside employment that may conflict with duties inherent to the position4 7d7 ,meetings 7#a7 ,in general ,the ,council shall meet subject to the call of the ,chairperson4 7#b7 ,minimum ,the ,council shall meet not fewer than #d times each year4 7e7 ,duties ,the ,council1 in consultation with the ,director and the ,administrator1 shall-- 7#a7 not later than #a year after the date of enactment of this subchapter1 establish a real property management plan template1 to be updated annually1 which shall include performance measures1 specific milestones1 measurable savings1 strategies1 and ,government-wide goals based on the goals established under section #ebd7;a77#g7 to reduce surplus property or to achieve better utilization of underutilized property1 and evaluation criteria to determine the effectiveness of real property management that are designed-- 7,a7 to enable ,congress and heads of ,federal agencies to track progress in the achievement of property management objectives on a ,government-wide basis2 7,b7 to improve the management of real property2 and 7,c7 to allow for comparison of the performance of ,federal agencies against industry and other public sector agencies2 7#b7 develop utilization rates consistent throughout each category of space1 considering the diverse nature of the ,federal portfolio and consistent with nongovernmental space use rates2 7#c7 develop a strategy to reduce the reliance of ,federal agencies on leased space for long-term needs if ownership would be less costly2 7#d7 provide guidance on eliminating inefficiencies in the ,federal leasing process2 7#e7 compile a list of field offices that are suitable for collocation with other property assets2 7#f7 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 property2 and 7#g7 not later than #a year after the date of enactment of this subchapter and annually during the #d-year period beginning on the date that is #a year after the date of enactment of this subchapter and ending on the date that is #e years after the date of enactment of this subchapter1 the ,council shall submit to the ,director a report that contains-- 7,a7 a list of the remaining excess property that is real property1 surplus property that is real property1 and underutilized property of each ,federal agency2 7,b7 the progress of the ,council toward developing guidance for ,federal agencies to ensure that the assessment required under section #ebd7;a77#aa77;,b7 is carried out in a uniform manner2 7,c7 the progress of ,federal agencies toward achieving the goals established under section #ebd7;a77#g72 7,d7 if necessary1 recommendations for legislation or statutory reforms that would further the goals of the ,council1 including streamlining the disposal of excess or underutilized real property2 and 7,e7 a list of entities that are consulted under subsection 7f74 7f7 ,consultation ,in carrying out the duties described in subsection 7e71 the ,council shall also consult with representatives of-- 7#a7 ,state1 local1 and tribal authorities1 as appropriate1 and other affected communities2 and 7#b7 appropriate private sector entities and nongovernmental organizations that have expertise in areas of-- 7,a7 commercial real estate and development2 7,b7 government management and operations2 7,c7 space planning2 7,d7 community development1 including transportation and planning2 7,e7 historic preservation2 and 7,f7 providing housing to the homeless population4 7g7 ,council resources ,the ,director and the ,administrator shall provide staffing1 and administrative support for the ,council1 as appropriate4 7h7 ,access to report ,the ,council shall provide1 on an annual basis1 the real property management plan template required under subsection 7e77#a7 and the reports required under subsection 7e77#g7 to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on ,environment and ,public ,works of the ,senate2 7#c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7#d7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#e7 the ,comptroller ,general of the ,united ,states4 7i7 ,exclusions ,in this section1 surplus property shall not include-- 7#a7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7#b7 any property that is excepted from the definition of the term property under section #ajb2 7#c7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii72 7#d7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7#e7 any real property the ,director excludes for reasons of national security2 7#f7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,a7 the ,secretary of the ,interior1 acting through-- 7i7 the ,director of the ,bureau of ,land ,management2 7ii7 the ,director of the ,national ,park ,service2 7iii7 the ,commissioner of ,reclamation2 or 7iv7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,b7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7#g7 any property operated and maintained by the ,united ,states ,postal ,service4 #fbd4 ,information on certain leasing authorities 7a7 ,in general ,except as provided in subsection 7b71 not later than ,december #ca of each year following the date of enactment of this subchapter1 a ,federal agency with independent leasing authority shall submit to the ,council a list of all leases1 including operating leases1 in effect on the date of enactment of this subchapter that includes-- 7#a7 the date on which each lease was executed2 7#b7 the date on which each lease will expire2 7#c7 a description of the size of the space2 7#d7 the location of the property2 7#e7 the tenant agency2 7#f7 the total annual rental payment2 and 7#g7 the amount of the net present value of the total estimated legal obligations of the ,federal ,government over the life of the contract4 7b7 ,exception ,subsection 7a7 shall not apply to-- 7#a7 the ,united ,states ,postal ,service2 or 7#b7 any other property the ,director excludes from subsection 7a7 for reasons of national security4 4 7b7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #faa the following3 ,,subchapter ,,vii--,property management ,sec4 #fba4 ,definitions4 ,sec4 #fbb4 ,collocation among ,united ,states ,postal ,service properties4 ,sec4 #fbc4 ,establishment of a ,federal ,real ,property ,council4 ,sec4 #fbd4 ,information on certain leasing authorities4 4 7#b7 ,technical amendment ,section #ajb of title #dj1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking ,the and inserting ,except as provided in subchapter ,,vii of chapter #e of this title1 the4 #d4 ,united ,states ,postal ,service property management 7a7 ,in general ,part ,,iii of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bi ,property management ,sec4 #bija4 ,definitions4 #bijb4 ,property management4 #bija4 ,definitions ,in this chapter3 7#a7 ,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 ,service4 7#b7 ,postal property ,the term postal property means any property owned or leased by the ,postal ,service4 7#c7 ,underutilized property ,the term underutilized property means a portion or the entirety of any real property that is postal property1 including any improvements1 that is used-- 7,a7 irregularly or intermittently by the ,postal ,service for program purposes of the ,postal ,service2 or 7,b7 for program purposes that can be satisfied only with a portion of the property4 #bijb4 ,property management 7a7 ,in general ,the ,postal ,service-- 7#a7 shall maintain adequate inventory controls and accountability systems for postal property2 7#b7 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 property2 7#c7 may develop a #e-year management template that-- 7,a7 establishes goals and policies that will lead to the reduction of excess property and underutilized property in the inventory of the ,postal ,service2 7,b7 adopts workplace practices1 configurations1 and management techniques that can achieve increased levels of productivity and decrease the need for real property assets2 7,c7 assesses leased space to identify space that is not fully used or occupied2 7,d7 develops recommendations on how to address excess capacity at ,postal ,service facilities without negatively impacting mail delivery2 and 7,e7 develops recommendations on ensuring the security of mail processing operations2 and 7#d7 if the ,postal ,service develops a template under paragraph 7#c7 shall1 as part of that template and on a regular basis-- 7,a7 conduct an inventory of postal property that is real property2 and 7,b7 publish a report that covers each property identified under subparagraph 7,a71 similar to the ,,usps ,owned ,facilities ,report and the ,,usps ,leased ,facilities ,report1 that includes-- 7i7 the date on which the ,postal ,service first occupied the property2 7ii7 the size of the property in square footage and acreage2 7iii7 the geographical location of the property1 including an address and description2 7iv7 the extent to which the property is being utilized2 7v7 the actual annual operating costs associated with the property2 7vi7 the total cost of capital expenditures associated with the property2 7vii7 the number of postal employees1 contractor employees1 and functions housed at the property2 7viii7 the extent to which the mission of the ,postal ,service is dependent on the property2 and 7ix7 the estimated amount of capital expenditures projected to maintain and operate the property over each of the next #e years after the date of enactment of this chapter4 7b7 ,rule of construction ,nothing in subsection 7a77#d77;,b7 shall be construed to require the ,postal ,service to obtain an appraisal of postal property4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,,iii of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bi4,property ,management#bija 4 #e4 ,inspector ,general report on ,united ,states ,postal ,service property 7a7 ,definition of excess property ,in this section1 the term excess property has the meaning given the term in section #bija of title #ci1 ,united ,states ,code1 as added by section #d4 7b7 ,excess property report ,not later than #b years after the date of enactment of this ,act1 the ,inspector ,general of the ,united ,states ,postal ,service shall submit to ,congress a report that includes-- 7#a7 a survey of excess property held by the ,united ,states ,postal ,service2 and 7#b7 recommendations for repurposing property identified in paragraph 7#a7-- 7,a7 to-- 7i7 reduce excess capacity2 and 7ii7 increase collocation with other ,federal agencies2 and 7,b7 without diminishing the ability of the ,united ,states ,postal ,service to meet the service standards established under section #cfia of title #ci1 ,united ,states ,code1 as in effect on ,january #a1 #bjaf4 #f4 ,duties of ,federal agencies 7a7 ,in general ,section #ebd7;a7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#f7 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 property2 7#g7 establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency2 7#h7 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 agency1 including-- 7,a7 whether underutilized property can be better utilized1 including through collocation with other executive agencies or consolidation with other facilities2 and 7,b7 the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency2 7#i7 adopt workplace practices1 configurations1 and management techniques that can achieve increased levels of productivity and decrease the need for real property assets2 7#aj7 assess leased space to identify space that is not fully used or occupied2 7#aa7 on an annual basis and subject to the guidance of the ,federal ,real ,property ,council-- 7,a7 conduct an inventory of real property under control of the executive agency2 and 7,b7 make an assessment of each property1 which shall include-- 7i7 the age and condition of the property2 7ii7 the size of the property in square footage and acreage2 7iii7 the geographical location of the property1 including an address and description2 7iv7 the extent to which the property is being utilized2 7v7 the actual annual operating costs associated with the property2 7vi7 the total cost of capital expenditures incurred by the ,federal ,government associated with the property2 7vii7 sustainability metrics associated with the property2 7viii7 the number of ,federal employees and contractor employees and functions housed at the property2 7ix7 the extent to which the mission of the executive agency is dependent on the property2 7x7 the estimated amount of capital expenditures projected to maintain and operate the property during the #e-year period beginning on the date of enactment of this paragraph2 and 7xi7 any additional information required by the ,administrator of ,general ,services to carry out section #fbc2 and 7#ab7 provide to the ,federal ,real ,property ,council and the ,administrator of ,general ,services the information described in paragraph 7#aa77;,b7 to be used for the establishment and maintenance of the database described in section #ba of the ,federal ,assets ,sale and ,transfer ,act of #bjaf4 4 7b7 ,definition of executive agency ,section #ebd of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,definition of executive agency ,for the purpose of paragraphs 7#f7 through 7#ab7 of subsection 7a71 the term executive agency shall have the meaning given the term ,federal agency in section #fba4 4 #g4 ,technical amendments 7a7 ,definition of applicable ,act ,in this section1 the term applicable ,act means the ,federal ,assets ,sale and ,transfer ,act of #bjaf 7,h4,r4 #ddfe1 #aadth ,congress1 #b;d ,session74 7b7 ,board ,section #d7;c7 of the applicable ,act is amended by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 ,in general ,the ,board shall be composed of a ,chairperson appointed by the ,president1 by and with the advice and consent of the ,senate1 and #f members appointed by the ,president4 7#b7 ,appointments 7,a7 ,in general ,in selecting individuals for appointments to the ,board1 the ,president shall appoint members in the following manner3 7i7 ,two members recommended by the ,speaker of the ,house of ,representatives4 7ii7 ,two members recommended by the majority leader of the ,senate4 7iii7 ,one member recommended by the minority leader of the ,house of ,representatives4 7iv7 ,one member recommended by the minority leader of the ,senate4 7,b7 ,deadline ,the appointment of members to the ,board shall be made not later than #ij days after the date of enactment of this ,act4 7#c7 ,terms ,the term for each member of the ,board shall be #f years4 4 7c7 ,agency retention of proceeds 7#a7 ,in general ,section #ega of title #dj1 ,united ,states ,code 7as amended by section #bj of the applicable ,act71 is amended by adding at the end the following3 7d7 ,savings provision ,nothing in this section modifies1 alters1 or repeals any other provision of ,federal law directing the use of retained proceeds relating to the sale of property of an agency4 4 7#b7 ,effective date ,the amendments made by this subsection shall take effect as if enacted as part of the applicable ,act4 7d7 ,sale ,section #bd of the applicable ,act is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,requirement ,notwithstanding any other provision of law1 the sale of the property by the ,administrator of ,general ,services shall ensure continuity of security measures1 parking access1 and infrastructure requirements of the ,james ,forrestal ,building while it is occupied by the ,department of ,energy4 4 7e7 ,effective date ,except as provided in subsection 7c77#b71 this section and the amendments made by this section shall take effect immediately after the enactment of the applicable ,act4 ,passed the ,house of ,representatives ,december #h1 #bjaf4,karen ,l4 ,haas1,clerk