IIB 
110TH CONGRESS 
2D SESSION 
H. R. 5787 
IN THE SENATE OF THE UNITED STATES 
MAY 22, 2008 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend title 40, United States Code, to enhance authori-
ties with regard to real property that has yet to be 
reported excess, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 
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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 
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‘‘(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; 
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‘‘(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— 
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‘‘(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 
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