H. R. 680

One Hundred Fifth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, one thousand nine hundred and ninety-seven

An Act

To amend the Federal Property and Administrative Services Act of 1949 to authorize

the transfer of surplus personal property to States for donation to nonprofit

providers of necessaries to impoverished families and individuals, and to authorize

the transfer of surplus real property to States, political subdivisions and

instrumentalities of States, and nonprofit organizations for providing housing

or housing assistance for low-income individuals or families.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. TRANSFER OF SURPLUS PERSONAL PROPERTY FOR

DONATION TO PROVIDERS OF NECESSARIES TO IMPOVERISHED FAMILIES AND INDIVIDUALS.

Section 203(j)(3)(B) of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 484(j)(3)(B)) is amended by inserting

after ‘‘homeless individuals’’ the following: ‘‘, providers of assistance

to families or individuals whose annual incomes are below the

poverty line (as that term is defined in section 673 of the Community Services Block Grant Act),’’.

SEC. 2. TRANSFER OF SURPLUS REAL PROPERTY FOR PROVIDING

HOUSING OR HOUSING ASSISTANCE FOR LOW-INCOME

INDIVIDUALS OR FAMILIES.

(a) IN GENERAL.—Section 203(k) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 484(k)) is amended

by adding at the end the following new paragraph:

‘‘(6)(A) Under such regulations as the Administrator may

prescribe, the Administrator may, in the discretion of the Administrator, assign to the Secretary of Housing and Urban Development

for disposal such surplus real property, including buildings, fixtures,

and equipment situated thereon, as is recommended by the Secretary as being needed for providing housing or housing assistance

for low-income individuals or families.

‘‘(B) Subject to the disapproval of the Administrator within

30 days after notice to the Administrator by the Secretary of Housing and Urban Development of a proposed transfer of property

for the purpose of providing such housing or housing assistance,

the Secretary, through such officers or employees of the Department

of Housing and Urban Development as the Secretary may designate,

may sell or lease such property for that purpose to any State,

any political subdivision or instrumentality of a State, or any nonprofit organization that exists for the primary purpose of providing

housing or housing assistance for low-income individuals or families.

‘‘(C) The Administrator shall disapprove a proposed transfer

of property under this paragraph unless the Administrator
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determines that the property will be used for low-income housing

opportunities through the construction, rehabilitation, or refurbishment of self-help housing, under terms that require that—

‘‘(i) any individual or family receiving housing or housing

assistance constructed, rehabilitated, or refurbished through

use of the property shall contribute a significant amount of

labor toward the construction, rehabilitation, or refurbishment;

and

‘‘(ii) dwellings constructed, rehabilitated, or refurbished

through use of the property shall be quality dwellings that

comply with local building and safety codes and standards

and shall be available at prices below prevailing market prices.

‘‘(D)(i) The Administrator shall ensure that nonprofit organizations that are sold or leased property under subparagraph (B)

shall develop and use guidelines to take into consideration any

disability of an individual for the purposes of fulfilling any selfhelp requirement under subparagraph (C)(i).

‘‘(ii) For purposes of this subparagraph, the term ‘disability’

has the meaning given such term under section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

‘‘(E)(i) In fixing the sale or lease value of property to be disposed

of under this paragraph, the Secretary of Housing and Urban Development shall take into consideration and discount the value with

respect to any benefit which has accrued or may accrue to the

United States from the use of such property by any such State,

political subdivision, instrumentality, or nonprofit organization.

‘‘(ii) The amount of the discount under clause (i) shall be

75 percent of the market value of the property, except that the

Secretary may discount by a greater percentage if the Secretary,

in consultation with the Administrator, determines that a higher

percentage is justified.’’.

(b) CONFORMING AMENDMENTS.—Section 203(k)(4) of such Act

(40 U.S.C. 484(k)(4)) is amended—

(1) in subparagraph (C), by striking ‘‘or’’ after the semicolon;

(2) in subparagraph (D), by striking the period at the

end and inserting ‘‘; or’’; and

(3) by inserting after subparagraph (D) the following:
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‘‘(E) the Secretary of Housing and Urban Development,

through such officers or employees of the Department of

Housing and Urban Development as the Secretary may

designate, in the case of property transferred under paragraph

(6).’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.