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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 680 Enrolled Bill (ENR)]

        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 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 self-
help 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:
        ``(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.
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