amount in the preceding sentence may be increased
or decreased by the Administrator to reflect a per-
centage increase or decrease in the Department of
Commerce Consumer Price Index.’’; and
(5) by striking paragraphs (6)(C) and (6)(D).
(d) CONVEYANCES FOR AIRPORT USE.—Section 203
of the Federal Property and Administrative Services Act
of 1949 is further amended by adding to the end thereof
the following new subsection:
‘‘(s) The authority of any department, agency, or in-
strumentality of the executive branch or wholly owned
Government corporation to convey surplus real and related
personal property for public airport purposes under sub-
chapter II of title 49, United States Code, shall be subject
to the requirements of this Act, and any surplus real prop-
erty available for conveyance under that subchapter shall
first be made available to the Administrator for disposal
under this section, including conveyance for any public
benefit purposes, including public airport use, as the Ad-
ministrator, after consultation with the affected agencies,
considers advisable.’’.
(e) ACQUISITION OF PERSONAL PROPERTY OR RE-
LATED SERVICES.—Section 201(c) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C.
481(c)) is revised to read as follows:
‘‘(c) In acquiring personal property or related serv-
ices, or a combination thereof, any executive agency, under
regulations to be prescribed by the Administrator, and
subject to regulations prescribed by the Administrator for
Federal Procurement Policy pursuant to the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.),
may exchange or sell personal property and may apply the
exchange allowance or proceeds of sale in such cases in
whole or in part payment for similar property or related
services, or a combination thereof, acquired: Provided,
That any transaction carried out under the authority of
this subsection shall be evidenced in writing. Sales of prop-
erty pursuant to this subsection shall be governed by sec-
tion 203(e), and shall be exempt from the provisions of
section 3709 of the Revised Statutes (41 U.S.C. 5).’’.
(f) ABANDONMENT, DESTRUCTION, OR OTHER DIS-
POSAL.—Section 202(h) of the Federal Property and Ad-
ministrative Services Act of 1949 (40 U.S.C. 483(h)) is
amended to read as follows:
‘‘(h) The Administrator may authorize the abandon-
ment, destruction, or other disposal of property if the
property has no commercial value, or if the estimated cost
of continued care and handling of the property would ex-
ceed the estimated fair market value.’’.
(g) TRANSFER OF SURPLUS PERSONAL PROPERTY
TO STATES.—Section 203(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(j))
is amended as follows:
(1) Paragraph (1) is amended—
(A) by striking ‘‘the fair and equitable dis-
tribution, through donation,’’ and inserting ‘‘do-
nation on a fair and equitable basis’’; and
(B) by striking ‘‘paragraphs (2) and (3)’’
and inserting ‘‘paragraph (2)’’.
(2) Paragraph (2) is repealed.
(3) Paragraph (3) is redesignated as paragraph
(2), and amended as follows:
(A) By striking so much as precedes sub-
paragraph (A) and inserting the following:
‘‘(2) The Administrator shall, pursuant to criteria
that are based on need and utilization and established
after such consultation with State agencies as is feasible,
allocate surplus personal property among the States on a
fair and equitable basis, taking into account the condition
of the property and the original acquisition cost thereof,
and transfer to the State agency property selected by it
for purposes of donation within the State—’’;
(B) in subparagraph (A) by striking ‘‘or’’
after the semicolon at the end;
(C) in subparagraph (B) by—
(i) striking ‘‘providers of assistance to
homeless individuals, providers of assist-
ance to families or individuals whose an-
nual incomes are below the poverty line (as
that term is defined in section 673 of the
Community Services Block Grant Act),’’;
(ii) striking ‘‘schools for the mentally
retarded, schools for the physically handi-
capped’’ and inserting ‘‘schools for persons
with mental or physical disabilities’’;
(iii) striking ‘‘and libraries’’ and in-
serting ‘‘libraries, and educational activi-
ties identified by the Secretary of Defense
as being of special interest to the Armed
Services,’’ following the word ‘‘region,’’;
and
(iv) striking the period at the end and
inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(C) to nonprofit institutions or organiza-
tions that are exempt from taxation under sec-
tion 501 of the Internal Revenue Code of 1986
and that have for their primary function the
provision of food, shelter, or other necessities to
homeless individuals or families or individuals
whose annual income is below the poverty line
(as that term is defined in section 673 of the
Community Services Block Grant Act) for use
in assisting the poor and homeless.’’.
(4) Paragraphs (4) and (5) are redesignated in
order as paragraphs (3) and (4).
(h) AMENDMENTS TO MCKINNEY-VENTO HOMELESS
ASSISTANCE ACT.—
(1) AMENDMENTS.—Section 501 of the McKin-
ney-Vento Homeless Assistance Act, as codified at
section 11411 of title 42, United States Code, is
amended as follows:
(A) In the first sentence of subsection (a),
by inserting before the period the following: ‘‘,
and that have not been previously reported on
by an agency under this subsection’’.
(B) In the second sentence of subsection
(a), by inserting after ‘‘to the Secretary’’ the
following: ‘‘, which shall not include information
previously reported on by the agency under this
subsection’’.
(C) Each of subsections (b)(1), (c)(1)(A),
and (c)(2)(A), by striking ‘‘45’’ and inserting
‘‘30’’.
(D) In subsection (c)(1)(A)(i), by inserting
after ‘‘(a)’’ the following: ‘‘that have not been
previously published’’.
(E) In subsection (c)(1)(A)(ii), by insert-
ing after ‘‘properties’’ the following: ‘‘that have
not been previously published’’.
(F) By striking subsections (c)(1)(D) and
(c)(4).
(G) In subsection (c)(2)(B), by inserting at
the end the following: ‘‘Such efforts as are nec-
essary to provide for the widest possible dis-
semination of the information on such list shall
include publishing the information on an Inter-
net website maintained by the Secretary and
providing notice of the information on such list
to the local Continuum of Care organization for
homeless assistance within the jurisdiction in
which the property is located, or if there is no
such organization, then to the State.’’.
(H) In each of subsections (d)(1) and
(d)(2), by striking ‘‘60’’ and inserting ‘‘90’’.
(I) In subsection (d)(4), by amending so
much as precedes subparagraph (B) to read as
follows:
‘‘(4)(A) Written notice of intent to apply for a prop-
erty published under subsection (c)(1)(A)(ii) may be filed
at any time after the 90-day period described in paragraph
(1) has expired. An application submitted pursuant to the
notice may be approved for disposal for use to assist the
homeless only if the property remains available for use to
assist the homeless. If the property remains available for
use to assist the homeless, the use to assist the homeless
shall be given the same priority of consideration as a pub-
lic health use under section 203(k) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C.
484(k)).’’.
(J) In subsection (e)(3), by inserting the
following after the first sentence: ‘‘The Sec-
retary of Health and Human Services shall give
a preference to applications that contain a cer-
tification that their proposal is consistent with
the local Continuum of Care strategy for home-
less assistance.’’.
(K) In subsection (f)(3)(A), by adding at
the end the following: ‘‘Such priority of consid-
eration shall apply only with respect to prop-
erties as to which the written notice of intent
to apply for a property referred to in subsection
(d)(2) is received by the Secretary of Health
and Human Services within the 90-day period
described in subsection (d)(1).’’.
(L) In subsection (h) in the heading, by
striking ‘‘APPLICABILITY TO PROPERTY UNDER
BASE CLOSURE PROCESS’’ and inserting ‘‘EX-
EMPTIONS’’.
(M) In subsection (h), by adding at the
end the following:
‘‘(3) The provisions of this section shall not
apply to buildings and property that—
‘‘(A) are in a secured area for national de-
fense purposes; or
‘‘(B) are inaccessible by road and that can
be reached only by crossing private property.’’.
(2) SURVEY AND AVAILABILITY OF PROPERTIES
IN MOST RECENT LIST.—Within 30 days of the date
of enactment of this section, the Secretary of Hous-
ing and Urban Development shall survey landholding
agencies to determine whether the properties in-
cluded in the most recent comprehensive list of prop-
erties published pursuant to section 501(c)(1)(A) of
the McKinney-Vento Homeless Assistance Act re-
main available for application for use to assist home-
less. The Secretary shall publish in the Federal Reg-
ister a list of all such properties. Such properties
shall remain available for application for use to as-
sist the homeless in accordance with sections 501(d)
and 501(e) of such Act (as amended by this sub-
section) as if such properties had been published
under section 501(c)(1)(A)(ii) of such Act.
SEC. 7. MISCELLANEOUS.
(a) SCOPE
AND CONSTRUCTION.—The authorities
granted by this Act to the heads of Federal agencies for
the management of real and personal property and the
conduct of transactions involving such property, including
the disposition of the proceeds therefrom, shall be in addi-
tion to, and not in lieu of, any authorities provided in any
law existing on the date of enactment of this Act. Except
as expressly provided herein, nothing in this Act shall be
construed to repeal or supersede any such authorities.
(b) SEVERABILITY.—Although this Act is intended to
be integrated legislation, if any portion or provision of this
Act is found to be invalid or otherwise unenforceable by
a court of competent jurisdiction, such portion or portions
shall be considered independent and severable for all other
provisions of this Act, such invalidity shall not, by itself,
invalidate any other provisions of this Act, any such other
provisions shall have the full force and effect of law.
(c) NO WAIVER.—Nothing in this Act shall be con-
strued to limit or waive any right, remedy, immunity, or
jurisdiction of any Federal agency or any claim, judgment,
lien, or benefit due the Government of the United States.
(d) EFFECTIVE DATE.—This Act and the amend-
ments made by its provisions shall be effective upon enact-
ment except as otherwise specifically provided in this Act.
(e) REPORT OF THE COMPTROLLER GENERAL.—Not
later than 5 years after the date of enactment of this Act,
the Comptroller General of the United States shall submit
to the Congress a report on the use by Federal landholding
agencies of the authorities provided by this Act.
Æ