[105th Congress Public Law 50]
[From the U.S. Government Printing Office]


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[DOCID: f:publ50.105]


[[Page 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 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. <<NOTE: Oct. 6, 1997 -  [H.R. 680]>> 

    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 IMPOVERISHED 
            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 Community 
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 
Administrator, 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 Secretary 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 Housing 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 nonprofit 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 


[[Page 111 STAT. 1168]]

determines that the property will be used for low-income housing 
opportunities through the construction, rehabilitation, or refurbishment 
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 <<NOTE: Guidelines.>>  Administrator shall ensure that 
nonprofit organizations 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 Americans 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 
Development 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 
        semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (D) the following:

[[Page 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:
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CONGRESSIONAL RECORD, Vol. 143 (1997):
            Apr. 29, considered and passed House.
            July 9, considered and passed Senate, amended.
            Sept. 18, House concurred in Senate amendments.

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