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 IMPOV-
ERISHED 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 Commu-
nity 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 Adminis-
trator, 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 Sec-
retary 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 Hous-
ing 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 non-
profit 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
H. R. 680—2
determines that the property will be used for low-income housing
opportunities through the construction, rehabilitation, or refurbish-
ment 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 organiza-
tions 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 Ameri-
cans 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 Devel-
opment 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 semi-
colon;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (D) the following: