SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Real Property 
Disposal Enhancement Act of 2008’’. 
SEC. 2. 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) DATABASE.—The Administrator shall es-
tablish and maintain a single, comprehensive, and
descriptive database of all Federal real property as-
sets under the custody and control of all executive 
agencies, other than real property assets excluded 
for reasons of national security. The Administrator 
shall collect from each executive agency such de-
scriptive information, except for classified informa-
tion, as necessary in order to describe the nature, 
use, and extent of the real property holdings of the 
Federal government. The descriptive information for 
each piece of real property shall include— 
‘‘(A) geographic location with address and 
description; 
‘‘(B) total size including square footage 
and acreage; 
‘‘(C) mission criticality; and 
‘‘(D) the level of utilization of the prop-
erty, including whether the real property is ex-
cess, surplus, underutilized, or unutilized. 
‘‘(3) USABILITY.—(A) The database established 
and maintained under this section shall be accessible 
by agencies through a searchable Web site. 
‘‘(B) A searchable Web site means a Web site 
that, at a minimum, allows agencies— 
‘‘(i) to search and aggregate Federal real 
property by constructed asset, facility/installa-
tion, agency, location, and level of utilization; 
and 
‘‘(ii) to download data from any such 
search. 
‘‘(C) To the extent consistent with national se-
curity, the database shall be accessible by the public 
at no cost through the Web site of the General Serv-
ices Administration. The Administrator may with-
hold from public disclosure information included in 
the database if the Administrator determines that 
withholding such information would be in the best 
interest of the Government or the public. At a min-
imum, the Administrator shall make aggregate infor-
mation contained in the database available to the 
public. 
‘‘(D) Nothing in this paragraph requires an 
agency to make available to the public information 
that is exempt from disclosure pursuant to section 
552 of title 5, United States Code (popularly known 
as the Freedom of Information Act). 
‘‘(4) ANNUAL REPORT.—(A) The Administrator 
shall submit an annual report, for each of the first 
5 years after 2008, to the congressional committees 
listed in subparagraph (C) based on data submitted 
from all executive agencies, detailing executive agen-
cy efforts to reduce their real property assets and 
the additional information described in subpara-
graph (B). 
‘‘(B) The report shall contain the following in-
formation for the year covered by the report: 
‘‘(i) The aggregated estimated market 
value and number of real property assets under 
the custody and control of all executive agen-
cies, set forth government-wide and by agency, 
and for each at the constructed asset level and 
at the facility/installation level. 
‘‘(ii) The aggregated estimated market 
value and number of surplus real property as-
sets under the custody and control of all execu-
tive agencies, set forth government-wide and by 
agency, and for each at the constructed asset 
level and at the facility/installation level. 
‘‘(iii)(I) The aggregated cost for maintain-
ing all surplus real property under the custody 
and control of all executive agencies, set forth 
government-wide and by agency, and for each 
at the constructed asset level and at the facility/ 
installation level. 
‘‘(II) For purposes of subclause (I), costs 
for real properties owned by the Federal gov-
ernment shall include recurring maintenance 
and repair costs, utilities, cleaning and jani-
torial costs, and roads and grounds expenses. 
‘‘(III) For purposes of subclause (I), costs 
for real properties leased by the Federal govern-
ment shall include lease costs, including base 
and operating rent and any other relevant costs 
listed in subclause (II) not covered in the lease 
contract. 
‘‘(iv) The aggregated estimated deferred 
maintenance costs of all real property under the 
custody and control of all executive agencies, 
set forth government-wide and by agency, and 
for each at the constructed asset level and at 
the facility/installation level. 
‘‘(v) For each surplus real property facil-
ity/installation disposed of, an indication of— 
‘‘(I) its geographic location with ad-
dress and description; 
‘‘(II) its size, including square footage 
and acreage; 
‘‘(III) the date and method of dis-
posal; and 
‘‘(IV) its estimated market value.
‘‘(vi) Such other information as the Ad-
ministrator considers appropriate. 
‘‘(C) The congressional committees listed in 
this subparagraph are as follows: 
‘‘(i) The Committee on Oversight and Gov-
ernment Reform and the Committee on Trans-
portation and Infrastructure of the House of 
Representatives. 
‘‘(ii) The Committee on Homeland Secu-
rity and Governmental Affairs and the Com-
mittee on Environment and Public Works of the 
Senate. 
‘‘(5) 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. 3. 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 
shall 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 use, sale, lease, exchange, or 
otherwise, including through leaseback arrange-
ments or service agreements. 
‘‘(v) Nothing in this subparagraph is in-
tended to affect subparagraph (D).’’. 
SEC. 4. 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:
‘‘(iv) The direct and indirect costs as-
sociated with the reversion, custody, and 
disposal of reverted real property.’’. 
(b) REQUIREMENTS RELATED
TO SALES
OF RE-
VERTED
PROPERTY
UNDER
SECTION
550.—Section 
550(b)(1) of title 40, United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1) IN
GEN-
ERAL.—’’; and 
(2) by adding at the end the following: ‘‘If the 
official, in consultation with the Administrator, rec-
ommends reversion of the property, the Adminis-
trator shall take control of such property, and, sub-
ject to subparagraph (B), sell it at or above ap-
praised fair market value for cash and not by lease, 
exchange, leaseback arrangements, or service agree-
ments. 
‘‘(B) Prior to sale, the Administrator shall 
make such property available to State and local gov-
ernments and certain non-profit institutions or orga-
nizations pursuant to this section and sections 553 
and 554 of this title.’’. 
(c) REQUIREMENTS RELATED
TO SALES
OF RE-
VERTED
PROPERTY
UNDER
SECTION
553.—Section 
553(e) of title 40, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘THIS SECTION.— 
’’; and 
(2) by adding at the end the following: ‘‘If the 
Administrator determines that reversion of the prop-
erty is necessary to enforce compliance with the 
terms of the conveyance, the Administrator shall 
take control of such property and, subject to para-
graph (2), sell it at or above appraised fair market 
value for cash and not by lease, exchange, leaseback 
arrangements, or service agreements. 
‘‘(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 554 of this title.’’. 
(d) REQUIREMENTS RELATED
TO SALES
OF RE-
VERTED
PROPERTY
UNDER
SECTION
554.—Section 
554(f) of title 40, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘THIS SECTION.— 
’’; and 
(2) by adding at the end the following: ‘‘If the 
Secretary, in consultation with the Administrator, 
recommends reversion of the property, the Adminis-
trator shall take control of such property and, sub-
ject to paragraph (2), sell it at or above appraised 
fair market value for cash and not by lease, ex-
change, leaseback arrangements, or service agree-
ments. 
‘‘(b) 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. 5. AGENCY RETENTION OF PROCEEDS. 
The text of section 571 of title 40, United States 
Code, is amended to read as follows: 
‘‘(a) PROCEEDS FROM TRANSFER OR SALE OF REAL 
PROPERTY.—Net proceeds described in subsection (d) 
shall be deposited into the appropriate real property ac-
count of the agency that had custody and accountability 
for the real property at the time the real property is deter-
mined to be excess. Such funds shall be expended only as 
authorized in annual appropriations Acts and only for ac-
tivities as described in section 524(b) of this title and dis-
posal activities, including paying costs incurred by the 
General Services Administration for any disposal-related 
activity authorized by this title. Proceeds may also be ex-
pended by the agency for maintenance and repairs of the 
agency’s real property necessary for its disposal or for the 
repair or alteration of the agency’s other real property, 
provided that proceeds shall not be authorized for expendi-
ture in an appropriations Act for any repair or alteration