40 U.S.C. § 623 — Establishment of a Federal Real Property

Page 87 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 623 bidding process governing the leasing of postal property. (Added Pub. L. 114–318, § 3(a), Dec. 16, 2016, 130 Stat. 1609.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 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— (1) to develop guidance and ensure imple- mentation 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 oper- ations, maintenance, and security associated with Federal property. (c) COMPOSITION.— (1) IN GENERAL.—The Council shall be com- posed 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 Manage- ment 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 Coun- cil. (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 Direc- tor shall— (i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and devel- opment, 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 sub- ject 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 en- actment of this subchapter, establish a real property management plan template, to be up- dated annually, which shall include perform- ance measures, specific milestones, measur- able savings, strategies, and Government-wide goals based on the goals established under sec- tion 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 Fed- eral agencies to track progress in the achievement of property management objec- tives on a Government-wide basis; (B) to improve the management of real property; and (C) to allow for comparison of the perform- ance of Federal agencies against industry and other public sector agencies; (2) develop utilization rates consistent throughout each category of space, consid- ering the diverse nature of the Federal port- folio 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 ineffi- ciencies 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 prop- erties and develop guidelines for the use of those partnerships in the management of Fed- eral property; and (7) not later than 1 year after the date of en- actment of this subchapter and annually dur- ing 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 sub- chapter, the Council shall submit to the Direc- tor 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 de- veloping guidance for Federal agencies to ensure that the assessment required under section 524(a)(11)(B) is carried out in a uni- form manner; (C) the progress of Federal agencies toward achieving the goals established under sec- tion 524(a)(7); (D) if necessary, recommendations for leg- islation or statutory reforms that would fur- ther the goals of the Council, including streamlining the disposal of excess or under- utilized 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— Page 88 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 624 (1) State, local, and tribal authorities, as ap- propriate, and other affected communities; and (2) appropriate private sector entities and nongovernmental organizations that have ex- pertise in areas of— (A) commercial real estate and develop- ment; (B) government management and oper- ations; (C) space planning; (D) community development, including transportation and planning; (E) historic preservation; and (F) providing housing to the homeless pop- ulation. (g) COUNCIL RESOURCES.—The Director and the Administrator shall provide staffing, and admin- istrative support for the Council, as appropriate. (h) ACCESS TO REPORT.—The Council shall pro- vide, on an annual basis, the real property man- agement plan template required under sub- section (e)(1) and the reports required under sub- section (e)(7) to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on Environment and Pub- lic Works of the Senate; (3) the Committee on Oversight and Govern- ment Reform of the House of Representatives; (4) the Committee on Transportation and In- frastructure of the House of Representatives; and (5) the Comptroller General of the United States. (i) EXCLUSIONS.—In this section, surplus prop- erty 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 sec- tion 102; (3) Indian and native Eskimo property held in trust by the Federal Government as de- scribed 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. (Added Pub. L. 114–318, § 3(a), Dec. 16, 2016, 130 Stat. 1609.) Editorial Notes REFERENCES IN TEXT The date of enactment of this subchapter, referred to in subsec. (e)(1), (7), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016. The Tennessee Valley Authority Act of 1933, referred to in subsec. (i)(4), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§ 831 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see section 831 of Title 16 and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 624. Information on certain leasing authorities (a) IN GENERAL.—Except as provided in sub- section (b), not later than December 31 of each year following the date of enactment of this sub- chapter, 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 sub- chapter that includes— (1) the date on which each lease was exe- cuted; (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 con- tract. (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 se- curity. (Added Pub. L. 114–318, § 3(a), Dec. 16, 2016, 130 Stat. 1612.) Editorial Notes REFERENCES IN TEXT The date of enactment of this subchapter, referred to in subsec. (a), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016. CHAPTER 7—FOREIGN EXCESS PROPERTY Sec. 701. Administrative. 702. Return of foreign excess property to United States. 703. Donation of medical supplies for use in for- eign country.