Section 1. Policy. It is the policy of the United States to promote the
efficient and economical use of America's real property assets and to assure
management accountability for implementing Federal real property management
reforms. Based on this policy, executive branch departments and agencies shall
recognize the importance of real property resources through increased management
attention, the establishment of clear goals and objectives, improved policies
and levels of accountability, and other appropriate action.
Sec. 2. Definition and Scope. (a) For the purpose of this executive order,
Federal real property is defined as any real property owned, leased, or
otherwise managed by the Federal Government, both within and outside the United
States, and improvements on Federal lands. For the purpose of this order,
Federal real property shall exclude: interests in real property assets that have
been disposed of for public benefit purposes pursuant to section 484 of title
40, United States Code, and are now held in private ownership; land easements or
rights-of-way held by the Federal Government; public domain land (including
lands withdrawn for military purposes) or land reserved or dedicated for
national forest, national park, or national wildlife refuge purposes except for
improvements on those lands; land held in trust or restricted fee status for
individual Indians or Indian tribes; and land and interests in land that are
withheld from the scope of this order by agency heads for reasons of national
security, foreign policy, or public safety.
(b) This order shall not be interpreted to supersede any existing authority
under law or by executive order for real property asset management, with the
exception of the revocation of Executive Order 12512 of April 29, 1985, in
section 8 of this order.
Sec. 3. Establishment and Responsibilities of Agency Senior Real Property
Officer. (a) The heads of all executive branch departments and agencies cited in
sections 901(b)(1) and (b)(2) of title 31, United States Code, and the Secretary
of Homeland Security, shall designate among their senior management officials, a
Senior Real Property Officer. Such officer shall have the education, training,
and experience required to administer the necessary functions of the position
for the particular agency.
(b) The Senior Real Property Officer shall develop and implement an agency
asset management planning process that meets the form, content, and other
requirements established by the Federal Real Property Council established in
section 4 of this order. The initial agency asset management plan will be
submitted to the Office of Management and Budget on a date determined by the
Director of the Office of Management and Budget. In developing this plan, the
Senior Real Property Officer shall:
(i) identify and categorize all real property owned, leased, or
otherwise managed by the agency, including, where applicable, those
properties outside the United States in which the lease agreements
and arrangements reflect the host country currency or involve
alternative lease plans or rental agreements;
(ii) prioritize actions to be taken to improve the operational and
financial management of the agency's real property inventory;
(iii) make life-cycle cost estimations associated with the
prioritized actions;
(iv) identify legislative authorities that are required to address
these priorities;
(v) identify and pursue goals, with appropriate deadlines,
consistent with and supportive of the agency's asset management plan
and measure progress against such goals;
(vi) incorporate planning and management requirements for historic
property under Executive Order 13287 of March 3, 2003, and for
environmental management under Executive Order 13148 of April 21,
2000; and
(vii) identify any other information and pursue any other actions
necessary to the appropriate development and implementation of the
agency asset management plan.
(c) The Senior Real Property Officer shall be responsible, on an ongoing
basis, for monitoring the real property assets of the agency so that agency
assets are managed in a manner that is:
(i) consistent with, and supportive of, the goals and objectives set
forth in the agency's overall strategic plan under section 306 of
title 5, United States Code;
(ii) consistent with the real property asset management principles
developed by the Federal Real Property Council established in section
4 of this order; and
(iii) reflected in the agency asset management plan.
(d) The Senior Real Property Officer shall, on an annual basis, provide to
the Director of the Office of Management and Budget and the Administrator of
General Services:
(i) information that lists and describes real property assets under
the jurisdiction, custody, or control of that agency, except for
classified information; and
(ii) any other relevant information the Director of the Office of
Management and Budget or the Administrator of General Services may
request for inclusion in the Government-wide listing of all Federal
real property assets and leased property.
(e) The designation of the Senior Real Property Officer shall be made by
agencies within 30 days after the date of this order.
Sec. 4. Establishment of a Federal Real Property Council. (a) A Federal Real
Property Council (Council) is established, within the Office of Management and
Budget for administrative purposes, to develop guidance for, and facilitate the
success of, each agency's asset management plan. The Council shall be composed
exclusively of all agency Senior Real Property Officers, the Controller of the
Office of Management and Budget, the Administrator of General Services, and any
other full-time or permanent part-time Federal officials or employees as deemed
necessary by the Chairman of the Council. The Deputy Director for Management of
the Office of Management and Budget shall also be a member and shall chair the
Council. The Office of Management and Budget shall provide funding and
administrative support for the Council, as appropriate.
(b) The Council shall provide a venue for assisting the Senior Real Property
Officers in the development and implementation of the agency asset management
plans. The Council shall work with the Administrator of General Services to
establish appropriate performance measures to determine the effectiveness of
Federal real property management. Such performance measures shall include, but
are not limited to, evaluating the costs and benefits involved with acquiring,
repairing, maintaining, operating, managing, and disposing of Federal real
properties at particular agencies. Specifically, the Council shall consider, as
appropriate, the following performance measures:
(i) life-cycle cost estimations associated with the agency's
prioritized actions;
(ii) the costs relating to the acquisition of real property assets
by purchase, condemnation, exchange, lease, or otherwise;
(iii) the cost and time required to dispose of Federal real property
assets and the financial recovery of the Federal investment resulting
from the disposal;
(iv) the operating, maintenance, and security costs at Federal
properties, including but not limited to the costs of utility
services at unoccupied properties;
(v) the environmental costs associated with ownership of property,
including the costs of environmental restoration and compliance
activities;
(vi) changes in the amounts of vacant Federal space;
(vii) the realization of equity value in Federal real property
assets;
(viii) opportunities for cooperative arrangements with the
commercial real estate community; and
(ix) the enhancement of Federal agency productivity through an
improved working environment.
The performance measures shall be designed to enable the heads of executive
branch agencies to track progress in the achievement of Government-wide property
management objectives, as well as allow for comparing the performance of
executive branch agencies against industry and other public sector agencies.
(c) The Council shall serve as a clearinghouse for executive agencies for
best practices in evaluating actual progress in the implementation of real
property enhancements. The Council shall also work in conjunction with the
President's Management Council to assist the efforts of the Senior Real Property
Officials and the implementation of agency asset management plans.
(d) The Council shall be organized and hold its first meeting within 60 days
of the date of this order. The Council shall hold meetings not less often than
once a quarter each fiscal year.
Sec. 5. Role of the General Services Administration. (a) The Administrator of
General Services shall, to the extent permitted by law and in consultation with
the Federal Real Property Council, provide policy oversight and guidance for
executive agencies for Federal real property management; manage selected
properties for an agency at the request of that agency and with the consent of
the Administrator; delegate operational responsibilities to an agency where the
Administrator determines it will promote efficiency and economy, and where the
receiving agency has demonstrated the ability and willingness to assume such
responsibilities; and provide necessary leadership in the development and
maintenance of needed property management information systems.
(b) The Administrator of General Services shall publish common performance
measures and standards adopted by the Council.
(c) The Administrator of General Services, in consultation with the Federal
Real Property Council, shall establish and maintain a single, comprehensive, and
descriptive database of all real property under the custody and control of all
executive branch agencies, except when otherwise required for reasons of
national security. The Administrator shall collect from each executive branch
agency such descriptive information, except for classified information, as the
Administrator considers will best describe the nature, use, and extent of the
real property holdings of the Federal Government.
(d) The Administrator of General Services, in consultation with the Federal
Real Property Council, may establish data and other information technology (IT)
standards for use by Federal agencies in developing or upgrading Federal agency
real property information systems in order to facilitate reporting on a uniform
basis. Those agencies with particular IT standards and systems in place and in
use shall be allowed to continue with such use to the extent that they are
compatible with the standards issued by the Administrator.
Sec. 6. General Provisions. (a) The Director of the Office of Management and
Budget shall review, through the management and budget review processes, the
efforts of departments and agencies in implementing their asset management plans
and achieving the Government-wide property management policies established
pursuant to this order.
(b) The Office of Management and Budget and the General Services
Administration shall, in consultation with the landholding agencies, develop
legislative initiatives that seek to improve Federal real property management
through the adoption of appropriate industry management techniques and the
establishment of managerial accountability for implementing effective and
efficient real property management practices.
(c) Nothing in this order shall be construed to impair or otherwise affect
the authority of the Director of the Office of Management and Budget with
respect to budget, administrative, or legislative proposals.
(d) Nothing in this order shall be construed to affect real property for the
use of the President, Vice President, or, for protective purposes, the United
States Secret Service.
Sec. 7. Public Lands. In order to ensure that Federally owned lands, other
than the real property covered by this order, are managed in the most effective
and economic manner, the Departments of Agriculture and the Interior shall take
such steps as are appropriate to improve their management of public lands and
National Forest System lands and shall develop appropriate legislative proposals
necessary to facilitate that result.
Sec. 8. Executive Order 12512 of April 29, 1985, is hereby revoked.
Sec. 9. Judicial Review. This order is intended only to improve the internal
management of the executive branch and is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in
equity, against the United States, its departments, agencies, or other entities,
its officers or employees, or any other person.