SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Real Property 
Disposal Enhancement Act of 2008’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) In January 2003, the Government Account-
ability Office identified Federal real property as a 
high-risk area, citing excess property as a long- 
standing problem. 
(2) The magnitude of the problem with excess 
Federal real property continues to put the govern-
ment at risk for lost dollars and missed opportuni-
ties. 
(3) The Administration has stated its goal is to 
reduce the size of the Federal real property inven-
tory by 5 percent, or $15 billion, by disposing of 
unneeded assets by 2015. 
(4) The Federal inventory includes many prop-
erties that are no longer relevant to agencies’ mis-
sions and agencies are spending billions of dollars to 
maintain these unneeded properties. 
(5) The costs of preparing a property for trans-
fer or sale continue to hamper some agencies’ efforts 
to address their unneeded properties and serve as a 
disincentive to disposal because, in the short-term, it 
can be more beneficial economically to maintain a
property that is not being used than to dispose of 
it. 
(6) Agencies should give greater attention to 
right-sizing their real property portfolios. 
(b) PURPOSE.—The purpose of this Act is to reduce 
the Federal inventory of unneeded and costly property. 
SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRA-
TION AND EXECUTIVE AGENCIES. 
(a) IN GENERAL.—Section 524 of title 40, United 
States Code, is amended to read as follows: 
‘‘§ 524. Duties of the General Services Administration 
and executive agencies 
‘‘(a) DUTIES OF THE GENERAL SERVICES ADMINIS-
TRATION.— 
‘‘(1) 
GUIDANCE.—The 
Administrator 
shall 
issue guidance for the development and implementa-
tion of agency real property plans. Such guidance 
shall include recommendations on— 
‘‘(A) how to identify excess properties; 
‘‘(B) how to evaluate the costs and benefits 
involved with disposing of real property; 
‘‘(C) how to prioritize disposal decisions 
based on agency missions and anticipated fu-
ture need for holdings; and
‘‘(D) how best to dispose of those prop-
erties identified as excess to the needs of the 
agency. 
‘‘(2) ANNUAL
REPORT.—The Administrator 
shall submit an annual report, for each of the first 
5 years after 2008, to the Committee on Oversight 
and Government Reform of the House of Represent-
atives and the Committee on Homeland Security and 
Governmental Affairs of the Senate, based on data 
submitted from all executive agencies, detailing exec-
utive agency efforts to reduce their real property as-
sets. 
‘‘(3) ASSISTANCE.—The Administrator shall as-
sist executive agencies in the identification and dis-
posal of excess real property. 
‘‘(b) DUTIES OF EXECUTIVE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each executive agency 
shall— 
‘‘(A) maintain adequate inventory controls 
and accountability systems for property under 
its control; 
‘‘(B) continuously survey property under 
its control to identify excess property; 
‘‘(C) promptly report excess property to 
the Administrator;
‘‘(D) perform the care and handling of ex-
cess property; and 
‘‘(E) transfer or dispose of excess property 
as promptly as possible in accordance with au-
thority delegated and regulations prescribed by 
the Administrator. 
‘‘(2) SPECIFIC REQUIREMENTS WITH RESPECT 
TO REAL PROPERTY.—With respect to real property, 
each executive agency shall— 
‘‘(A) develop and implement a real prop-
erty plan in order to identify properties to de-
clare as excess using the guidance issued under 
subsection (a)(1); 
‘‘(B) identify and categorize all real prop-
erty owned, leased, or otherwise managed by 
the agency; 
‘‘(C) establish adequate goals and incen-
tives that lead the agency to reduce excess real 
property in its inventory; 
‘‘(D) when appropriate, use the authorities 
in section 572(a)(2)(B) of this title in order to 
identify and prepare real property to be re-
ported as excess. 
‘‘(3) ADDITIONAL REQUIREMENTS.—Each exec-
utive agency, as far as practicable, shall—
‘‘(A) reassign property to another activity 
within the agency when the property is no 
longer required for the purposes of the appro-
priation used to make the purchase; 
‘‘(B) transfer excess property under its 
control to other Federal agencies and to organi-
zations specified in section 321(c)(2) of this 
title; and 
‘‘(C) obtain excess properties from other 
Federal agencies to meet mission needs before 
acquiring non-Federal property.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 524 in the table of sections at the beginning of 
chapter 5 of such title is amended to read as follows: 
‘‘524. Duties of the General Services Administration and executive agencies.’’. 
SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO PRE-
PARING PROPERTIES TO BE REPORTED AS 
EXCESS. 
Section 572(a)(2) of title 40, United States Code, is 
amended— 
(1) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) ADDITIONAL AUTHORITY.—(i) From 
the fund described in paragraph (1), subject to
clause (iv), the Administrator may obligate an 
amount to pay the direct and indirect costs re-
lated to identifying and preparing properties to 
be reported excess by another agency. 
‘‘(ii) The General Services Administration 
may be reimbursed from the proceeds of the 
sale of such properties for such costs. 
‘‘(iii) Net proceeds shall be dispersed pur-
suant to section 571 of this title. 
‘‘(iv) The authority under clause (i) to ob-
ligate funds to prepare properties to be reported 
excess does not include the authority to convey 
such properties by sale, lease, exchange, or oth-
erwise, including through leaseback arrange-
ments. 
‘‘(v) Nothing in this subparagraph is in-
tended to affect subparagraph (D).’’. 
SEC. 5. ENHANCED AUTHORITIES WITH REGARD TO RE-
VERTED REAL PROPERTY. 
(a) AUTHORITY TO PAY EXPENSES RELATED TO RE-
VERTED REAL PROPERTY.—Section 572(a)(2)(A) of title 
40, United States Code, is amended by adding at the end 
the following:
‘‘(2) Prior to sale, the Administrator shall make such 
property available to State and local governments and cer-
tain non-profit institutions or organizations pursuant to 
this section and sections 550 and 553 of this title.’’. 
SEC. 6. AGENCY RETENTION OF PROCEEDS. 
The text of section 571 of title 40, United States 
Code, is amended to read as follows: 
‘‘(a) DEPOSIT
OF PROCEEDS.—Net proceeds de-
scribed in subsection (d) shall be deposited into the appro-
priate real property account of the agency that had cus-
tody and accountability for the real property. Such funds 
shall be expended only as authorized in annual appropria-
tions Acts and only for activities as described in section 
524(b) of this title and disposal activities, including paying 
costs incurred by the General Services Administration for 
any disposal-related activity authorized by this title. Pro-
ceeds shall not be expended for activities or projects sub-
ject to the requirements of section 3307 of this title. 
‘‘(b) EFFECT ON OTHER SECTIONS.—Nothing in this 
section is intended to affect section 572(b) or 574 of this 
title. 
‘‘(c) DISPOSAL
AGENCY
FOR
REVERTED
PROP-
ERTY.—For the purposes of this section, the General Serv-
ices Administration, as the disposal agency, shall be treat-
ed as the agency with custody and accountability for prop-
erties which revert to the United States under sections 
550, 553, and 554 of this title. 
‘‘(d) PROCEEDS.—The net proceeds referred to in 
subsection (a) are proceeds under this chapter from a— 
‘‘(1) transfer of excess property to a federal 
agency for agency use; or 
‘‘(2) sale, lease, or other disposition of surplus 
property.’’. 
Passed the House of Representatives May 21, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 5787 
AN ACT 
To amend title 40, United States Code, to enhance 
authorities with regard to real property that has 
yet to be reported excess, and for other purposes.