---
kind: "section"
citation: "40 U.S.C. § 623"
title: "40"
title_heading: "Public Buildings, Property, and Works"
number: "623"
heading: "Establishment of a Federal Real Property Council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/40/623"
units:
  - "Subtitle I — Federal Property and Administrative Services"
  - "Chapter 5 — Property Management"
  - "Subchapter VII — Property Management"
---

# §623. Establishment of a Federal Real Property Council

- (a) **Establishment.—** There is established a Federal Real [Property](/usc/40/102.md?p=9) [Council](/usc/40/621.md?p=2).
- (b) **Purpose.—** The purpose of the [Council](/usc/40/621.md?p=2) shall be—
  - (1) to develop guidance and ensure implementation of an efficient and effective real [property](/usc/40/102.md?p=9) management strategy;
  - (2) to identify opportunities for the Federal Government to better manage [property](/usc/40/102.md?p=9) and assets of the Federal Government; and
  - (3) to reduce the costs of managing [property](/usc/40/102.md?p=9) of the Federal Government, including operations, maintenance, and security associated with Federal [property](/usc/40/102.md?p=9).
- (c) **Composition.—**
  - (1) **In general.—** The [Council](/usc/40/621.md?p=2) shall be composed exclusively of—
    - (A) the senior real [property](/usc/40/102.md?p=9) officers of each [Federal agency](/usc/40/621.md?p=4);
    - (B) the Deputy [Director](/usc/40/621.md?p=3) for Management of the Office of Management and Budget;
    - (C) the Controller of the Office of Management and Budget;
    - (D) the [Administrator](/usc/40/621.md?p=1); 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](/usc/40/621.md?p=3) for Management of the Office of Management and Budget shall serve as Chairperson of the [Council](/usc/40/621.md?p=2).
  - (3) **Executive director.—**
    - (A) **In general.—** The Chairperson shall designate an Executive [Director](/usc/40/621.md?p=3) to assist in carrying out the duties of the [Council](/usc/40/621.md?p=2).
    - (B) **Qualifications.—** The Executive [Director](/usc/40/621.md?p=3) shall—
      - (i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real [property](/usc/40/102.md?p=9) 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](/usc/40/621.md?p=2) shall meet subject to the call of the Chairperson.
  - (2) **Minimum.—** The [Council](/usc/40/621.md?p=2) shall meet not fewer than 4 times each year.
- (e) **Duties.—** The [Council](/usc/40/621.md?p=2), in consultation with the [Director](/usc/40/621.md?p=3) and the [Administrator](/usc/40/621.md?p=1), shall—
  - (1) not later than 1 year after the date of enactment of this subchapter, establish a real [property](/usc/40/102.md?p=9) 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)](/usc/40/524.md?p=a-7) to reduce [surplus property](/usc/40/102.md?p=10) or to achieve better utilization of [underutilized property](/usc/40/621.md?p=8), and evaluation criteria to determine the effectiveness of real [property](/usc/40/102.md?p=9) management that are designed—
    - (A) to enable Congress and heads of [Federal agencies](/usc/40/621.md?p=4) to track progress in the achievement of [property](/usc/40/102.md?p=9) management objectives on a Government-wide basis;
    - (B) to improve the management of real [property](/usc/40/102.md?p=9); and
    - (C) to allow for comparison of the performance of [Federal agencies](/usc/40/621.md?p=4) 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](/usc/40/621.md?p=4) 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](/usc/40/621.md?p=5) that are suitable for collocation with other [property](/usc/40/102.md?p=9) assets;
  - (6) research best practices regarding the use of [public-private partnerships](/usc/40/621.md?p=7) to manage [properties](/usc/40/102.md?p=9) and develop guidelines for the use of those partnerships in the management of Federal [property](/usc/40/102.md?p=9); 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](/usc/40/621.md?p=2) shall submit to the [Director](/usc/40/621.md?p=3) a report that contains—
    - (A) a list of the remaining [excess property](/usc/40/102.md?p=3) that is real [property](/usc/40/102.md?p=9), [surplus property](/usc/40/102.md?p=10) that is real [property](/usc/40/102.md?p=9), and [underutilized property](/usc/40/621.md?p=8) of each [Federal agency](/usc/40/621.md?p=4);
    - (B) the progress of the [Council](/usc/40/621.md?p=2) toward developing guidance for [Federal agencies](/usc/40/621.md?p=4) to ensure that the assessment required under [section 524(a)(11)(B)](/usc/40/524.md?p=a-11-B) is carried out in a uniform manner;
    - (C) the progress of [Federal agencies](/usc/40/621.md?p=4) toward achieving the goals established under [section 524(a)(7)](/usc/40/524.md?p=a-7);
    - (D) if necessary, recommendations for legislation or statutory reforms that would further the goals of the [Council](/usc/40/621.md?p=2), including streamlining the disposal of excess or underutilized real [property](/usc/40/102.md?p=9); and
    - (E) a list of entities that are consulted under [subsection (f)](#f).
- (f) **Consultation.—** In carrying out the duties described in [subsection (e)](#e), the [Council](/usc/40/621.md?p=2) 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](/usc/40/621.md?p=3) and the [Administrator](/usc/40/621.md?p=1) shall provide staffing, and administrative support for the [Council](/usc/40/621.md?p=2), as appropriate.
- (h) **Access to Report.—** The [Council](/usc/40/621.md?p=2) shall provide, on an annual basis, the real [property](/usc/40/102.md?p=9) management plan template required under [subsection (e)(1)](#e-1) and the reports required under [subsection (e)(7)](#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](/usc/40/102.md?p=10) 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](/usc/10/2687.md) note; Public Law 101–510));
  - (2) any [property](/usc/40/102.md?p=9) that is excepted from the definition of the term “[property](/usc/40/102.md?p=9)” under [section 102](/usc/40/102.md);
  - (3) Indian and native Eskimo [property](/usc/40/102.md?p=9) held in trust by the Federal Government as described in [section 3301(a)(5)(C)(iii)](/usc/40/3301.md?p=a-5-C-iii);
  - (4) real [property](/usc/40/102.md?p=9) operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ([16 U.S.C. 831](/usc/16/831.md) et seq.);
  - (5) any real [property](/usc/40/102.md?p=9) the [Director](/usc/40/621.md?p=3) 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](/usc/16/1722.md))) administered by—
    - (A) the Secretary of the Interior, acting through—
      - (i) the [Director](/usc/40/621.md?p=3) of the Bureau of Land Management;
      - (ii) the [Director](/usc/40/621.md?p=3) of the National Park Service;
      - (iii) the Commissioner of Reclamation; or
      - (iv) the [Director](/usc/40/621.md?p=3) 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](/usc/40/102.md?p=9) operated and maintained by the United States Postal Service.

## Source credit

(Added Pub. L. 114–318, § 3(a), Dec. 16, 2016, 130 Stat. 1609.)

## Notes

### 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 classification 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 Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.