Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · U.S. Code · Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS · CHAPTER 13— PUBLIC PROPERTY · § 11

§ 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.

961 words·~4 min read·/usc/title-40/section-11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Submissions of Agency Information and Recommendations .— Not later than 120 days after the date of enactment of this Act, and not later than 120 days after the first day of each fiscal year thereafter until the termination of the Board, the head of each Federal agency shall submit to the Administrator, the Director of OMB, and the Board the following: Current data .— Current data of all Federal civilian real properties owned, leased, or controlled by the agency, including all relevant information prescribed by the Administrator and the Director of OMB, including data related to the age and condition of the property, operating costs, history of capital expenditures, sustainability metrics, number of Federal employees and functions housed in the respective property, number of Federal employees physically reporting to the respective property each work day, square footage (including gross, rentable, and usable), amount of acreage associated with the respective property, and whether the respective property is on a campus or larger facility.
Agency recommendations .— Recommendations of the agency on the following: Federal civilian real properties that can be sold for proceeds or otherwise disposed of, reported as excess, declared surplus, outleased, or otherwise no longer meeting the needs of the agency, excluding leasebacks or other such exchange agreements where the property continues to be used by the agency. Federal civilian real properties that can be transferred, exchanged, consolidated, co-located, reconfigured, or redeveloped, so as to reduce the civilian real property inventory, reduce the operating costs of the Government, and create the highest value and return for the taxpayer.
Operational efficiencies that the Government can realize in its operation and maintenance of Federal civilian real properties. Consolidation plans .— Any Federal agency plans to consolidate, reconfigure, or otherwise reduce the use of owned and leased Federal civilian real property of the Federal agency. Standards and Criteria.— Development of standards and criteria .— Not later than 60 days after the deadline for submissions of agency recommendations under subsection (a), the Director of OMB, in consultation with the Administrator, shall— review the agency recommendations; develop consistent standards and criteria against which the agency recommendations will be reviewed; and submit to the Board the recommendations developed pursuant to paragraph (2).
Recommendations to board .— The Director of OMB and the Administrator shall jointly develop recommendations to the Board based on the standards and criteria developed under paragraph (1). Factors .— In developing the standards and criteria under paragraph (1), the Director of OMB, in consultation with the Administrator, shall incorporate the following factors: The extent to which the civilian real property could be sold (including property that is no longer meeting the needs of the Government), redeveloped, outleased, or otherwise used to produce the highest and best value and return for the taxpayer.
The extent to which the operating and maintenance costs are reduced through consolidating, co-locating, and reconfiguring space, and through realizing other operational efficiencies. The extent to which the utilization rate is being maximized and is consistent with non-governmental industry standards for the given function or operation. The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the proposed recommendation.
The extent to which reliance on leasing for long-term space needs is reduced. The extent to which a civilian real property aligns with the current mission of the Federal agency. The extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies. The economic impact on existing communities in the vicinity of the civilian real property. The extent to which energy consumption is reduced. The extent to which public access, including access by members of federally recognized Indian Tribes, to agency services is maintained or enhanced.
Special Rule for Utilization Rates .— Standards developed by the Director of OMB pursuant to subsection
(b)shall incorporate and apply clear standard utilization rates to the extent that such standard rates increase efficiency and provide performance data. The utilization rates shall be consistent throughout each applicable category of space and with nongovernment space utilization rates. To the extent the space utilization rate of a given agency exceeds the utilization rates to be applied under this subsection, the Director of OMB may recommend realignment, co-location, consolidation, or other type of action to improve space utilization. Submission to Board.— In general .— The Director of OMB shall submit the standards, criteria, and recommendations developed pursuant to subsection
(b)to the Board with all supporting information, data, analyses, and documentation. Publication .— The standards, criteria, and recommendations developed pursuant to subsection
(b)shall be published in the Federal Register and transmitted to the committees listed in section 5(c) and to the Comptroller General of the United States. Access to information .— The Board shall also have access to all information pertaining to the recommendations developed pursuant to subsection (b), including supporting information, data, analyses, and documentation submitted pursuant to subsection (a). Upon request, a Federal agency shall provide to the Board any additional information pertaining to the civilian real properties under the custody, control, or administrative jurisdiction of the Federal agency. The Board shall notify the committees listed in section 5(c) of any failure by an agency to comply with a request of the Board. Disclosure of Information.— In general .— Except as provided in paragraph (2), the Board may not publicly disclose any information received under paragraph
(2)or
(3)of subsection
(a)until the Board, the Administrator, and the Director of OMB enter into an agreement describing what information is ready to be publicly disclosed. Application .— Paragraph
(1)shall not apply to any disclosure of information to the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives.
Connections1 cite this
Cited by 1 section
statutes-at-large
Citation graph
cites case law
§ 11
DEVELOPMENT OF RECOMMENDATIONS TO BOARD.
Stat.×1
Cites 0Cited by 1 across 1 source
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.