I
104TH CONGRESS
2D SESSION
H. R. 3496
To make certain Federal facilities available to qualified assistance organiza-
tions for use as temporary shelters for homeless individuals during non-
business hours.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 1996
Mr. CAMPBELL introduced the following bill; which was referred to the
Committee on Government Reform and Oversight
A BILL
To make certain Federal facilities available to qualified as-
sistance organizations for use as temporary shelters for
homeless individuals during nonbusiness hours.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Shelter Act
of 1996’’.
SEC. 2. AVAILABILITY OF øPUBLIC AREAS OF¿ CERTAIN
FEDERAL 
FACILITIES 
FOR 
TEMPORARY
SHELTER FOR HOMELESS INDIVIDUALS.
(a) IN GENERAL.—Upon request from a qualified as-
sistance organization, the head of an executive agency
shall make available to the organization in accordance
with this section covered facilities (or any part thereof)
under the control of the agency for use as temporary shel-
ter for homeless individuals.
(b) LIMITATIONS.—The head of an executive agency
shall not make an area available under this section—
(1) if the agency head determines that the area
is not suitable for use as temporary shelter under
this section because of safety or health concerns;
(2) if laws of the State or local jurisdiction
where the facility is located relating to safety or
health would prohibit use of the area for temporary
shelter under this section;
(3) during any period the area is used for other
official Federal Government purposes;
(4) if use of the area under this section would
displace any other community use of the area that—
(A) was occurring before January 1, 1997;
and
(B) has been continuous or serially recur-
ring since that date.
(c) TERMS OF USE.—Use of an area under this sec-
tion by a qualified assistance organization shall be on
terms and conditions agreed to by the organization and
the executive agency having control of the area.
(d) CONSULTATION REQUIRED.—In carrying out this
section, the head of an executive agency shall consult with,
and consider issues raised by, units of local government
regarding the application of health and safety regulations
and other concerns of local government, with the goal of
implementing this section with minimum harm to those
concerns.
(e) RULE OF CONSTRUCTION.—This section shall not
be construed to—
(1) require the Federal Government to make
any expenditure in connection with the use under
this section of a covered facility by a qualified assist-
ance organization; or
(2) reduce amounts available under other provi-
sions of Federal law for shelters for homeless indi-
viduals.
(f) PROVISIONS TO MINIMIZE COSTS TO FEDERAL
GOVERNMENT.—
(1) ACCEPTANCE
OF
DONATIONS
TO
OFFSET
COSTS.—An executive agency may accept and use
contributions of funds from private sources or units
of local government to offset costs incurred by the
agency in complying with this section.
(2) CAP
ON
EXPENDITURES.—Subsection (a)
shall not apply to a covered facility if that applica-
tion would result in a net cost to the executive agen-
cy that controls the facility of more than $1,000 in
any year.
(g) DEFINITIONS.—For purposes of this section:
(1) COVERED
FACILITY.—The term ‘‘covered
facility’’ means any building, structure, land, or
other real property, other than property being used
for an activity conducted by the Department of De-
fense.
(2) EXECUTIVE AGENCY.—The term ‘‘executive
agency’’ has the meaning given that term in section
3 of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 472).
(3) HOMELESS INDIVIDUAL.—The term ‘‘home-
less individual’’ has the meaning set forth in section
103 of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11302).
(4) QUALIFIED ASSISTANCE ORGANIZATION.—
The term ‘‘qualified assistance organization’’ means
a State or local government agency, a nonprofit or-
ganization, or any combination thereof, that provides
temporary shelter for homeless individuals.
(h) REPEAL.—This section is repealed effective Janu-
ary 1, 2002.
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