PUBLIC LAW 114–318—DEC. 16, 2016 

FEDERAL PROPERTY MANAGEMENT REFORM 

ACT OF 2016 


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130 STAT. 1608 PUBLIC LAW 114–318—DEC. 16, 2016 

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 

‘‘§ 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. 

40 USC 621. 

40 USC 

prec. 621. 

40 USC 621 note. 

40 USC 101 note. 

Federal Property 

Management 

Reform Act of 

2016. 

Dec. 16, 2016 

[H.R. 6451] 


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PUBLIC LAW 114–318—DEC. 16, 2016 130 STAT. 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. 

‘‘§ 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. 

‘‘§ 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— 

40 USC 623. 

Recommendations. 

Deadlines. 

Deadline. 

Records. 

40 USC 622. 


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130 STAT. 1610 PUBLIC LAW 114–318—DEC. 16, 2016 

‘‘(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 

Deadlines. 

Plan. 

Consultation. 

Appointment. 

Designation. 


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PUBLIC LAW 114–318—DEC. 16, 2016 130 STAT. 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 publicprivate 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 

Lists. 

Recommendations. 

Guidance. 

Lists. 

Deadlines. 

Time periods. 

Effective date. 

Reports. 

Lists. 

Guidance. 

Strategy. 


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130 STAT. 1612 PUBLIC LAW 114–318—DEC. 16, 2016 

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. 

‘‘§ 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. 

Deadline. 

Lists. 

40 USC 624. 


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PUBLIC LAW 114–318—DEC. 16, 2016 130 STAT. 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. 

‘‘§ 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. 

‘‘§ 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 

39 USC 2902. 

39 USC 2901. 

39 USC 

prec. 2901. 

40 USC 

prec. 501. 


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130 STAT. 1614 PUBLIC LAW 114–318—DEC. 16, 2016 

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 

Survey. 

39 USC 

prec. 2001. 

Time period. 

Publication. 

Reports. 

Records. 

Recommendations. 

Recommendations. 

Assessments. 


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PUBLIC LAW 114–318—DEC. 16, 2016 130 STAT. 1615 

(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; 


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130 STAT. 1616 PUBLIC LAW 114–318—DEC. 16, 2016 

‘‘(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.— 

40 USC 1303 

note. 


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PUBLIC LAW 114–318—DEC. 16, 2016 130 STAT. 1617 

LEGISLATIVE HISTORY—H.R. 6451: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Dec. 8, considered and passed House. 

Dec. 9, considered and passed Senate. 

Æ 

(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. 

40 USC 571 note. 

40 USC 1303 

note. 

40 USC 571 note. 


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