IIA

105TH CONGRESS

1ST SESSION H. R. 680

IN THE SENATE OF THE UNITED STATES

APRIL 30, 1997

Received; read twice and referred to the Committee on Governmental Affairs

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
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or housing assistance for low-income individuals or families.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TRANSFER OF SURPLUS PERSONAL PROPERTY

4 FOR DONATION TO PROVIDERS OF NEC5 ESSARIES TO IMPOVERISHED FAMILIES AND

6 INDIVIDUALS.

7 Section 203(j)(3)(B) of the Federal Property and Ad8 ministrative Services Act of 1949 (40 U.S.C.

9 484(j)(3)(B)) is amended by inserting after ‘‘homeless in10 dividuals’’ the following: ‘‘, providers of assistance to fami11 lies or individuals whose annual incomes are below the

12 poverty line (as that term is defined in section 673 of the

13 Community Services Block Grant Act),’’.

14 SEC. 2. TRANSFER OF SURPLUS REAL PROPERTY FOR PRO15 VIDING HOUSING OR HOUSING ASSISTANCE

16 FOR LOW-INCOME INDIVIDUALS OR FAMI17 LIES.

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

19 Property and Administrative Services Act of 1949 (40

20 U.S.C. 484(k)) is amended by adding at the end the fol21 lowing new paragraph:

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

23 may prescribe, the Administrator may, in the discretion

24 of the Administrator, assign to the Secretary of Housing
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1 and Urban Development for disposal such surplus real

2 property, including buildings, fixtures, and equipment sit3 uated thereon, as is recommended by the Secretary as

4 being needed for providing housing or housing assistance

5 for low-income individuals or families.

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

7 within 30 days after notice to the Administrator by the

8 Secretary of Housing and Urban Development of a pro9 posed transfer of property for the purpose of providing

10 such housing or housing assistance, the Secretary, through

11 such officers or employees of the Department of Housing

12 and Urban Development as the Secretary may designate,

13 may sell or lease such property for that purpose to any

14 State, any political subdivision or instrumentality of a

15 State, or any nonprofit organization that exists for the pri16 mary purpose of providing housing or housing assistance

17 for low-income individuals or families.

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

19 transfer of property under this paragraph unless the Ad20 ministrator determines that the property will be used for

21 low-income housing opportunities through the construc22 tion, rehabilitation, or refurbishment of self-help housing,

23 under terms that require that—

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

25 or housing assistance constructed, rehabilitated, or
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1 refurbished through use of the property shall con2 tribute a significant amount of labor toward the con3 struction, rehabilitation, or refurbishment; and

4 ‘‘(ii) dwellings constructed, rehabilitated, or re5 furbished through use of the property shall be qual6 ity dwellings that comply with local building and

7 safety codes and standards and shall be available at

8 prices below prevailing market prices.

9 ‘‘(D)(i) In fixing the sale or lease value of property

10 to be disposed of under this paragraph, the Secretary of

11 Housing and Urban Development shall take into consider12 ation and discount the value with respect to any benefit

13 which has accrued or may accrue to the United States

14 from the use of such property by any such State, political

15 subdivision, instrumentality, or nonprofit organization.

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

17 shall be 75 percent of the market value of the property,

18 except that the Secretary may discount by a greater per19 centage if the Secretary, in consultation with the Adminis20 trator, determines that a higher percentage is justified.’’.

21 (b) CONFORMING AMENDMENTS.—Section 203(k)(4)

22 of such Act (40 U.S.C. 484(k)(4)) is amended—

23 (1) in subparagraph (C), by striking ‘‘or’’ after

24 the semicolon;
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1 (2) in subparagraph (D), by striking the period

2 at the end and inserting ‘‘; or’’; and

3 (3) by inserting after subparagraph (D) the fol4 lowing:

5 ‘‘(E) the Secretary of Housing and Urban De6 velopment, through such officers or employees of the

7 Department of Housing and Urban Development as

8 the Secretary may designate, in the case of property

9 transferred under paragraph (6),’’.

Passed the House of Representatives April 29, 1997.

Attest: ROBIN H. CARLE,

Clerk.