[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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