Federal Property Management Improvement Act of 1988
PL 100-612 (H.R.5104), enacted 11/05/1988

102 STAT. 3180 
PUBLIC LAW 100-612—NOV. 5, 1988 
Public Law 100-612 
100th Congress 
An Act 
Nov. 5, 1988 
[H.R. 5104] 
Federal 
Property 
Management 
Improvement 
Act of 1988. 
40 u s e 471 note. 
To improve the efficiency and effectiveness of the management and disposal of 
Federal real and personal property. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
SECTION 1. This Act may be cited as the "Federal Property 
Management Improvement Act of 1988". 
SEC. 2. Section 201(c) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 481(c)) is amended by adding at the 
end thereof the following new sentence: "Sales of property pursuant 
to this subsection shall be governed by section 3709 of the Revised 
Statutes (41 U.S.C. 5), except that fixed price sales may be conducted 
in the same manner and subject to the same conditions as are 
applicable to the sale of property pursuant to section 203(e)(5) of this 
Act". 
SEC. 3. Section 203(e)(5) of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 484(e)(5)) is amended— 
(1) by inserting "(A)" after "(5)"; and 
(2) by adding at the end thereof the following: 
"(B) Under regulations and restrictions to be prescribed by the 
Administrator, property to be sold pursuant to this paragraph may 
be offered to organizations specified in paragraph (3)(H) of this 
subsection that have expressed an interest in the property to permit 
such an organization a prior opportunity to purchase at the prices 
fixed for such property.". 
SEC. 4. (a) Section 203(e)(6) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 484(e)(6)) is amended to read 
as follows: 
"(6)(A) Except as otherwise provided by subparagraph (C) of this 
paragraph, an explanatory statement shall be prepared of the cir-
cumstances of each disposal by negotiation of— 
"(i) any personal property which has an estimated fair market 
value in excess of $15,000; 
"(ii) any real property that has an estimated fair market 
value in excess of $100,000, except that any real property 
disposed of by lease or exchange shall only be subject to clauses 
(iii) through (v) of this subparagraph; 
"(iii) any real property disposed of by lease for a term of 5 
years or less, if the estimated fair annual rent is in excess of 
$100,000 for any of such years; 
"(iv) any real property disposed of by lease for a term of more 
than 5 years, if the total estimated rent over the term of the 
lease is in excess of $100,000; or 
"(v) any real property or real and related personal property 
disposed of by exchange, regardless of value, or any property 
any part of the consideration for which is real property. 
"(B) Each such statement shall be transmitted to the appropriate 
committees of the Congress in advance of such disposal, and a copy 
PUBLIC LAW 100-612—NOV. 5, 1988 
102 STAT. 3181 
thereof shall be preserved in the files of the executive agency 
making such disposal. 
"(C) No such statement need be transmitted to any such commit-
tee with respect to any disposal of personal property made under 
paragraph (5) at a fixed price, or to property disposals authorized by 
any other provision of law to be made without advertising. 
"(D) The annual report of the Administrator under section 212 
shall contain or be accompanied by a listing and description of any 
negotiated disposals of surplus property having an estimated fair 
market value of more than $15,000, in the case of real property, or 
$5,000, in the case of any other property, other than disposals for 
which an explanatory statement has been transmitted under this 
paragraph.". 
(b) Section 203(e)(3)(E) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(e)(3)(E)) is amended by striking 
out "$1,000" and inserting "$15,000". 
SEC. 5. Section 203(o) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(o)) is amended to read as follows: 
"(o)(l) With respect to real and related personal property trans- Reports. 
ferred or conveyed under subsection (p) of this section and real 
property disposed of under subsection (k) of this section and section 
13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)), the 
head of each executive agency disposing of such property shall 
submit during the calendar quarter following the close of each fiscal 
year a report to the Congress and to the Administrator showing the 
acquisition cost and the sale or lease value of all real and related 
personal property so disposed of during the preceding fiscal year. 
Such reports shall also show transfers or conveyances of property 
according to State, and may include such other information and 
recommendations as the Administrator or other executive agency 
head concerned deems appropriate. 
"(2) Six months after the end of the first full fiscal year after the 
date of enactment of this paragraph, and biennially thereafter, the 
Administrator shall transmit a report to the Congress that covers 
the initial period from such effective date and each succeeding 
biennial period and contains— 
"(A) a full and independent evaluation of the operation of 
programs for the donation of Federal surplus personal property, 
"(B) statistical information on the amount of excess personal 
property transferred to Federal agencies and provided to 
grantees and non-Federal organizations and surplus personal 
property approved for donation to the State Agencies for Sur-
plus Property and donated to eligible non-Federal organizations 
during each succeeding biennial period, and 
"(C) such recommendations as the Administrator determines 
to be necessary or desirable. 
"(3) A copy of each report made under paragraph (2) shall also be 
simultaneously furnished to the Comptroller General of the United 
States. The Comptroller General shall review and evaluate the 
report and make any comments and recommendations to the Con-
gress thereon, as he deems necessary or desirable.". 
SEC. 6. Section 204(b) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 485(b)) is amended— 
(1) by striking out "Bureau of the Budget" each place it 
appears and inserting "Office of Management and Budget"; 
102 STAT. 3182 
PUBLIC LAW 100-612—NOV. 5, 1988 
(2) by inserting "for costs of environmental and historic 
preservation services," after "realty brokers," in the second 
sentence. 
SEC. 7. Section 207(c) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 488(c)) is amended to read as follows: 
"(c) This section shall not apply to the disposal of— 
"(1) real property, if the estimated fair market value is less 
than $3,000,000; or 
"(2) personal property (other than a patent, process, tech-
nique, or invention), if the estimated fair market value is less 
than $3,000,000.". 
SEC. 8. Section 10 of Public Law 94-519 (40 U.S.C. 493, 90 Stat. 
2457) is repealed. 
Approved November 5, 1988. 
LEGISLATIVE HISTORY—H.R. 5104: 
HOUSE REPORTS: No. 100-897 (Comm. on Government Operations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 13, considered and passed House. 
Oct. 20, considered and passed Senate.