I 

117TH CONGRESS 

1ST SESSION H. R. 3680 

To amend title 49, United States Code, with respect to property disposition 

for affordable housing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, with respect to 

property disposition for affordable housing, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Affordable 

5 Housing Near Transit Act’’. 

6 SEC. 2. PROPERTY DISPOSITION FOR AFFORDABLE HOUS7 ING. 

8 Section 5334(h)(1) of title 49, United States Code, 

9 is amended to read as follows: 


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1 ‘‘(1) IN GENERAL.—If a recipient of assistance 

2 under this chapter decides an asset acquired under 

3 this chapter at least in part with that assistance is 

4 no longer needed for the purpose for which such 

5 asset was acquired, the Secretary may authorize the 

6 recipient to transfer such asset to— 

7 ‘‘(A) a local governmental authority to be 

8 used for a public purpose with no further obli9 gation to the Government if the Secretary de10 cides— 

11 ‘‘(i) the asset will remain in public use 

12 for at least 5 years after the date the asset 

13 is transferred; 

14 ‘‘(ii) there is no purpose eligible for 

15 assistance under this chapter for which the 

16 asset should be used; 

17 ‘‘(iii) the overall benefit of allowing 

18 the transfer is greater than the interest of 

19 the Government in liquidation and return 

20 of the financial interest of the Government 

21 in the asset, after considering fair market 

22 value and other factors; and 

23 ‘‘(iv) through an appropriate screen24 ing or survey process, that there is no in25 terest in acquiring the asset for GovernVerDate Sep 11 2014 00:43 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3680.IH H3680

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1 ment use if the asset is a facility or land; 

2 or 

3 ‘‘(B) a local governmental authority, non4 profit organization, or other third-party entity 

5 to be used for the purpose of transit-oriented 

6 development with no further obligation to the 

7 Government if the Secretary decides— 

8 ‘‘(i) the asset is a necessary compo9 nent of a proposed transit-oriented devel10 opment project; 

11 ‘‘(ii) the transit-oriented development 

12 project will increase transit ridership; 

13 ‘‘(iii) at least 40 percent of the hous14 ing units offered in the transit-oriented de15 velopment, including housing units owned 

16 by nongovernmental entities, are legally 

17 binding affordability restricted to tenants 

18 with incomes at or below 60 percent of the 

19 area median income and owners with in20 comes at or below 60 percent the area me21 dian income, which shall include at least 

22 20 percent of such housing units offered 

23 restricted to tenants with incomes at or 

24 below 30 percent of the area median inVerDate Sep 11 2014 00:43 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3680.IH H3680

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1 come and owners with incomes at or below 

2 30 percent the area median income; 

3 ‘‘(iv) the asset will remain in use as 

4 described in this section for at least 30 

5 years after the date the asset is trans6 ferred; and 

7 ‘‘(v) with respect to a transfer to a 

8 third-party entity— 

9 ‘‘(I) a local government authority 

10 or nonprofit organization is unable to 

11 receive the property; 

12 ‘‘(II) the overall benefit of allow13 ing the transfer is greater than the in14 terest of the Government in liquida15 tion and return of the financial inter16 est of the Government in the asset, 

17 after considering fair market value 

18 and other factors; and 

19 ‘‘(III) the third party has dem20 onstrated a satisfactory history of 

21 construction or operating an afford22 able housing development.’’. 

Æ 


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