Sec. 3. Property management
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Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following: In this subchapter: The term Administrator means the Administrator of General Services. The term Council means the Federal Property Council established by section 623(a). The term Director means the Director of the Office of Management and Budget. 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.
The term Federal agency means— an executive department or independent establishment in the executive branch of the Government; or a wholly owned Government corporation. The term field office means any office of a Federal agency that is not the headquarters office location for the Federal agency. The term postal property means any building owned or leased by the United States Postal Service. 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.
The term underutilized property means a portion or the entirety of any real property, including any improvements, that is used— irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or for program purposes that can be satisfied only with a portion of the property. Each year, the Postmaster General shall— identify a list of postal properties with space available for use by Federal agencies; and not later than September 30, submit the list to— the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Oversight and Government Reform of the House of Representatives.
Each year, the Postmaster General may submit the list under subsection
(a)to the Council. Not later than 30 days after the completion of a list under subsection (a), the Council shall provide the list to each Federal agency. Not later than 90 days after the receipt of the list submitted under paragraph (1), each Federal agency shall— review the list; review properties under the control of the Federal agency; and recommend collocations if appropriate. 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. Nothing in this section exceeds, modifies, or supplants any other Federal law relating to any competitive bidding process governing the leasing of postal property. There is established a Federal Property Council. The purpose of the Council shall be— to develop guidance and ensure implementation of an efficient and effective property management strategy; to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and to reduce the costs of managing property of the Federal Government, including operations, maintenance, and security associated with Federal property. The Council shall be composed exclusively of— the senior real property officers of each Federal agency and the Postal Service; the Deputy Director for Management of the Office of Management and Budget; the Controller of the Office of Management and Budget; the Administrator; and any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary. The Deputy Director for Management of the Office of Management and Budget shall serve as Chairperson of the Council. The Chairperson shall designate an Executive Director to assist in carrying out the duties of the Council. The Executive Director shall— 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; serve full time; and hold no outside employment that may conflict with duties inherent to the position. The Council shall meet subject to the call of the Chairperson. The Council shall meet not fewer than 4 times each year. The Council, in consultation with the Director and the Administrator, shall— 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— to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis; to improve the management of real property; and to allow for comparison of the performance of Federal agencies against industry and other public sector agencies in terms of performance; develop standard utilization rates consistent throughout each category of space and with nongovernmental space use rates; develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly; provide guidance on eliminating inefficiencies in the Federal leasing process; compile a list of field offices that are suitable for collocation with other property assets; 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; not later than 1 year after the date of enactment of this subchapter— examine the disposal of surplus property through the State Agencies for Surplus Property program; and 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 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 list of the remaining excess property or surplus property that is real property, and underutilized properties of each Federal agency; 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; the progress of Federal agencies toward achieving the goals established under section 524(a)(7); and 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. In carrying out the duties described in subsection (e), the Council shall also consult with representatives of— State, local, tribal authorities, and affected communities; and appropriate private sector entities and nongovernmental organizations that have expertise in areas of— commercial real estate and development; government management and operations; space planning; community development, including transportation and planning; historic preservation; providing housing to the homeless population; and personal property management. The Director and the Administrator shall provide staffing, and administrative support for the Council, as appropriate. The Council shall make available, on request, all information generated by the Council in performing the duties of the Council to— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Transportation and Infrastructure of the House of Representatives; and the Comptroller General of the United States. In this section, surplus property shall not include— 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 )); any property that is excepted from the definition of the term property under section 102; Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii); 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. ); any real property the Director excludes for reasons of national security; any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 )) administered by— the Secretary of the Interior, acting through— the Director of the Bureau of Land Management; the Director of the National Park Service; the Commissioner of Reclamation; or the Director of the United States Fish and Wildlife Service; or the Secretary of Agriculture, acting through the Chief of the Forest Service; or any property operated and maintained by the United States Postal Service. 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. The database shall include— information provided to the Administrator under section 524(a)(11)(B); and a list of property disposals completed, including— the date and disposal method used for each property; the proceeds obtained from the disposal of each property; the amount of time required to dispose of the property, including the date on which the property is designated as excess property; the date on which the property is designated as surplus property and the date on which the property is disposed; and all costs associated with the disposal. 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. 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. In this section, surplus property shall not include— 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 )); any property that is excepted from the definition of the term property under section 102; Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii); 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. ); any real property the Director excludes for reasons of national security; any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 )) administered by— the Secretary of the Interior, acting through— the Director of the Bureau of Land Management; the Director of the National Park Service; the Commissioner of Reclamation; or the Director of the United States Fish and Wildlife Service; or the Secretary of Agriculture, acting through the Chief of the Forest Service; or any property operated and maintained by the United States Postal Service. 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— the date on which each lease was executed; the date on which each lease will expire; a description of the size of the space; the location of the property; the tenant agency; the total annual rental payment; and the amount of the net present value of the total estimated legal obligations of the Federal Government over the life of the contract. Subsection
(a)shall not apply to— the United States Postal Service; or any other property the President excludes from subsection
(a)for reasons of national security. . 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. . 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 .
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- Pub. L. 101-510
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