To amend the Federal Property and Administrative Services Act of 1949 to authorize the transfer to States of surplus personal property for donation to nonprofit providers of necessaries to impoverished families and individuals.
PL 105-50 (H.R.680), enacted 10/06/1997

PUBLIC LAW 105-50—OCT. 6, 1997 
111 STAT. 1167 
Public Law 105-50 
105th Congress 
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 
Oct. 6, 1997 
the transfer of surplus real property to States, political subdivisions and 
[HR 680] 
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 
Ill STAT. 1168 
PUBLIC LAW 105-50—OCT. 6, 1997 
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. 
Gmdelines. 
"(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: 
PUBLIC LAW 105-50—OCT. 6, 1997 
111 STAT. 1169 
"(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).". 
Approved October 6, 1997. 
LEGISLATIVE HISTORY—H.R. 680: 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Apr. 29, considered and passed House. 
July 9, considered and passed Senate, amended. 
Sept. 18, House concvured in Senate amendments.