
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-400 Section 2]
[CITE: 42USC11411]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
    SUBCHAPTER V--IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY
 
Sec. 11411. Use of unutilized and underutilized public buildings 
        and real property to assist the homeless
        

(a) Identification of suitable property

    The Secretary of Housing and Urban Development shall, on a quarterly 
basis, request information from each landholding agency regarding 
Federal public buildings and other Federal real properties (including 
fixtures) that are excess property or surplus property or that are 
described as unutilized or underutilized in surveys by the heads of 
landholding agencies under section 483(b)(2) of title 40. No later than 
25 days after receiving a request from the Secretary, the head of each 
landholding agency shall transmit such information to the Secretary. No 
later than 30 days after receiving such information, the Secretary shall 
identify which of those buildings and other properties are suitable for 
use to assist the homeless.

(b) Availability of property

    (1) The Secretary shall promptly notify each Federal agency with 
respect to any property of that agency that the Secretary has identified 
under subsection (a) of this section. No later than 45 days after 
receipt of such a notice, the head of the appropriate landholding agency 
shall transmit to the Secretary the agency's response to property 
identifications contained in such notification, which shall include--
        (A) in the case of unutilized or underutilized property--
            (i) a statement of intention to determine the property 
        excess to the agency's needs;
            (ii) a statement of intention to make the property available 
        for use to assist the homeless; or
            (iii) a statement of the reasons (including a full 
        explanation of the need) the property cannot be determined 
        excess to the agency's needs or made available for use to assist 
        the homeless; and

        (B) in the case of excess property--
            (i) a statement that there is no other compelling Federal 
        need for the property and, therefore, the property will be 
        determined surplus; or
            (ii) a statement that there is further and compelling 
        Federal need for the property (including a full explanation of 
        such need) and that, therefore, the property is not presently 
        available for use to assist the homeless.

    (2)(A) All properties identified by the Secretary under subsection 
(a) of this section shall be available for application--
        (i) in the case of property other than surplus property, for use 
    to assist the homeless in accordance with the provisions of this 
    section; and
        (ii) in the case of surplus property, for use to assist the 
    homeless either in accordance with this section or as a public 
    health use in accordance with paragraphs (1) and (4) of section 
    484(k) of title 40.

    (3) The Secretary shall maintain a written public record of--
        (A) the identification of buildings and other properties by the 
    Secretary under this subsection and the reasons for such 
    identifications; and
        (B) the responses of landholding agencies to such 
    identifications.

(c) Publication of properties

    (1)(A) No later than 15 days after the last day of the 45-day period 
provided for under subsection (b)(1) of this section, the Secretary 
shall publish in the Federal Register--
        (i) a list of all properties reviewed by the Secretary under 
    subsection (a) of this section; and
        (ii) a list of all properties that are available under 
    subsection (b)(2) of this section for application for use to assist 
    the homeless.

    (B) Each publication of properties shall include a description and 
the location of each property (including the address and zip code) and 
the current classification of each property as unutilized, 
underutilized, excess property, or surplus property.
    (C) The Secretary shall make available to the public upon request 
all information in the possession of the Department of Housing and Urban 
Development (other than valuation information), regardless of format, 
about all properties reviewed and not identified as being suitable for 
use to assist the homeless, including the reasons such properties were 
not so identified.
    (D) The Secretary shall publish separately, on an annual basis, all 
properties identified as being suitable for use to assist the homeless, 
but reported to be unavailable, and the reasons such properties were 
unavailable.
    (2)(A) No later than 15 days after the last day of the 45-day period 
provided for under subsection (b)(1) of this section, the Secretary 
shall transmit a copy of the list of available properties published 
under paragraph (1)(A)(ii) to the Interagency Council on the Homeless. 
The Council shall immediately distribute to all State and regional 
homeless coordinators area-relevant portions of the list.
    (B) The Secretary, the Administrator, and the Secretary of Health 
and Human Services shall make such efforts as are necessary to ensure 
the widest possible dissemination of the information on such list.
    (C) The Secretary shall establish a toll-free number to provide the 
public with specific information about properties on such list.
    (3) The Secretary shall make available to the public upon request 
all information (other than valuation information) regardless of format 
in the possession of the Department of Housing and Urban Development 
about the properties published under paragraph (1)(A), including 
environmental assessment data. The Secretary shall maintain a current 
list of agency contacts for making referrals of inquiries for 
information about specific properties.
    (4)(A) On December 31 of each year, the head of each landholding 
agency shall report to the Secretary the current availability status and 
the current classification of each property controlled by the agency, 
that--
        (i) was included in a list published in that year by the 
    Secretary under paragraph (1)(A)(ii); and
        (ii) remains available for application for use to assist the 
    homeless or has become available for application during that year.

    (B) No later than February 15 each year, the Secretary shall publish 
in the Federal Register a list of all properties reported under 
subparagraph (A) for the preceding year and the current classification 
of the properties.
    (C) For purposes of subparagraph (A), property shall not be 
considered to remain available for application for use to assist the 
homeless after the 60-day holding period provided under subsection (d) 
of this section if--
        (i) an application for or written expression of interest in the 
    property is made under any law for use of the property for any 
    purpose; or
        (ii) the Administrator receives a bona fide offer to purchase 
    the property or advertises for the sale of the property by public 
    auction.

(d) Holding period

    (1) Properties published under subsection (c)(1)(A)(ii) of this 
section as available for application for use to assist the homeless 
shall not be available for any other purpose for a period of 60 days 
beginning on the date of such publication.
    (2) If written notice of intent to apply for such a property for use 
to assist the homeless is received by the Secretary of Health and Human 
Services within the 60-day period described under paragraph (1), such 
property may not be made available for any other purpose until the date 
the Secretary of Health and Human Services or other appropriate 
landholding agency has completed action on the application submitted 
under subsection (e) of this section with respect to that written notice 
of intent.
    (3) Property that is reviewed by the Secretary under subsection (a) 
of this section and that is not identified by the Secretary as being 
suitable for use to assist the homeless may not be made available for 
any other purpose for 20 days after the determination of unsuitability 
to allow for review of the determination at the request of the 
representative of the homeless. The Secretary shall disseminate 
immediately this information to the regional offices of the Department 
of Housing and Urban Development and to the Interagency Council on the 
Homeless.
    (4)(A) Written notice of intent to apply for a property published 
under subsection (c)(1)(A)(ii) of this section may be filed at any time 
after the 60-day period described in paragraph (1) has expired. In such 
case, an application submitted pursuant to the notice may be approved 
for disposal for use to assist the homeless only if the property remains 
available for application for use to assist the homeless. If the 
property remains available, the use to assist the homeless shall be 
given priority of consideration over other competing disposal 
opportunities under section 484 of title 40, except as provided in 
subsection (f)(3)(A) of this section.
    (B) Surplus property for which an application has been approved 
shall be assigned promptly to the Secretary of Health and Human Services 
for disposition in accordance with and subject to subsection (f) of this 
section.

(e) Application for property

    (1) A representative of the homeless may submit an application to 
the Secretary of Health and Human Services for any property that is 
published under subsection (c)(1)(A)(ii) of this section as available 
for application for use to assist the homeless.
    (2) No later than 90 days after the submission of written notice of 
intent to apply for a property, an applicant shall submit a complete 
application to the Secretary of Health and Human Services. The Secretary 
of Health and Human Services shall, with the concurrence of the 
appropriate landholding agency, grant reasonable extensions.
    (3) No later than 25 days after receipt of a completed application, 
the Secretary of Health and Human Services shall review, make all 
determinations, and complete all actions on the application. The 
Secretary of Health and Human Services shall maintain a written public 
record of all actions taken in response to an application.

(f) Making property available to representatives of homeless

    (1) Subject to the provisions of this subsection, property for which 
the Secretary of Health and Human Services has approved an application 
under subsection (e) of this section shall be made promptly available by 
permit or lease, or by deed as a public health use under paragraphs (1) 
and (4) of section 484(k) of title 40, to the representative of the 
homeless that submitted the application.
    (2) Unutilized or underutilized property that is the subject of an 
agency's statement of intention under subsection (b)(1)(A)(ii) of this 
section shall be made promptly available by the appropriate landholding 
agency to the approved applicant by lease or permit for a term of not 
less than 1 year, unless the applicant requests a shorter term.
    (3)(A) In disposing of surplus property by deed or lease under 
section 484 of title 40, the Administrator and the Secretary of Health 
and Human Services shall give priority of consideration to uses to 
assist the homeless, unless the Administrator or the Secretary of Health 
and Human Services determines that a competing request for the property 
under section 484(k) of title 40 is so meritorious and compelling as to 
outweigh the needs of the homeless.
    (B) Whenever the Administrator or the Secretary of Health and Human 
Services makes a determination under subparagraph (A), the Administrator 
or the Secretary of Health and Human Services shall transmit to the 
appropriate committees of the Congress an explanatory statement 
detailing the need satisfied by conveyance of the surplus property and 
the reasons for determining that such need was so meritorious and 
compelling as to outweigh the needs of the homeless.
    (4) For any property made available by lease to a representative of 
the homeless before November 29, 1990, the Secretary of Health and Human 
Services may, upon written request by the representative, convey such 
property by deed to the representative in accordance with, and subject 
to the requirements of, section 484(k) of title 40. The lease term shall 
not be affected if a deed is not granted.

(g) Records

    The Secretary shall maintain a written public record of--
        (1) the reasons for determinations of the Secretary under this 
    section that property is suitable or unsuitable for use to assist 
    the homeless; and
        (2) the responses of landholding agencies under subsection 
    (b)(1) of this section.

(h) Applicability to property under base closure process

    (1) The provisions of this section shall not apply to buildings and 
property at military installations that are approved for closure under 
the Defense Base Closure and Realignment Act of 1990 (part A of title 
XXIX of Public Law 101-510; 10 U.S.C. 2687 note) after October 25, 1994.
    (2) For provisions relating to the use to assist the homeless of 
buildings and property located at certain military installations 
approved for closure under such Act, or under title II of the Defense 
Authorization Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 10 U.S.C. 2687 note), before October 25, 1994, see section 
2(e) of Base Closure Community Redevelopment and Homeless Assistance Act 
of 1994.

(i) Definitions

    For purposes of this section--
        (1) the term ``Administrator'' means the Administrator of 
    General Services;
        (2) each of the terms ``excess property'' and ``surplus 
    property'' has the meaning given that term under section 472 of 
    title 40;
        (3) the term ``landholding agency'' means a Federal department 
    or agency with statutory authority to control real property;
        (4) the term ``representative of the homeless'' means a State or 
    local government agency, or private nonprofit organization, which 
    provides services to the homeless; and
        (5) the term ``Secretary'' means the Secretary of Housing and 
    Urban Development, except as otherwise provided.

(Pub. L. 100-77, title V, Sec. 501, July 22, 1987, 101 Stat. 509; Pub. 
L. 100-628, title V, Sec. 501, Nov. 7, 1988, 102 Stat. 3240; Pub. L. 
101-645, title IV, Sec. 401(a), Nov. 29, 1990, 104 Stat. 4719; Pub. L. 
102-484, div. B, title XXVIII, Sec. 2824, Oct. 23, 1992, 106 Stat. 2608; 
Pub. L. 103-421, Sec. 2(d), Oct. 25, 1994, 108 Stat. 4352.)

                       References in Text

    The Defense Base Closure and Realignment Act of 1990, referred to in 
subsec. (h), is part A of title XXIX of div. B of Pub. L. 101-510, Nov. 
5, 1990, 104 Stat. 1808, as amended, which is set out as a note under 
section 2687 of Title 10, Armed Forces. For complete classification of 
this Act to the Code, see Tables.
    Title II of the Defense Authorization Amendments and Base Closure 
and Realignment Act, referred to in subsec. (h)(2), is title II of Pub. 
L. 100-526, Oct. 24, 1988, 102 Stat. 2627, as amended, which is set out 
as a note under section 2687 of Title 10. For complete classification of 
this Act to the Code, see Short Title of 1988 Amendment note set out 
under section 2687 of Title 10 and Tables.
    Section 2(e) of Base Closure Community Redevelopment and Homeless 
Assistance Act of 1994, referred to in subsec. (h)(2), is section 2(e) 
of Pub. L. 103-421, which is set out as a note under section 2687 of 
Title 10.


                               Amendments

    1994--Subsecs. (h), (i). Pub. L. 103-421 added subsec. (h) and 
redesignated former subsec. (h) as (i).
    1992--Subsec. (c)(4)(C). Pub. L. 102-484, Sec. 2824(a), amended 
subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: 
``For purposes of subparagraph (A), property shall be considered to 
remain available for application for use to assist the homeless if, 
subsequent to the 60-day holding period provided under subsection (d) of 
this section--
        ``(i) no application or written expression of interest has been 
    made under any law for use of the property for any purpose; and
        ``(ii) the Administrator has not received a bona fide offer to 
    purchase the property or advertised for the sale of the property by 
    public auction.''
    Subsec. (f)(2). Pub. L. 102-484, Sec. 2824(b), inserted ``or'' after 
``Unutilized''.
    1990--Pub. L. 101-645 amended section generally, substituting 
present provisions consisting of subsecs. (a) to (h) for former 
provisions consisting of subsecs. (a) to (e).
    1988--Pub. L. 100-628, Sec. 501(1), substituted ``unutilized and 
underutilized'' for ``underutilized'' in section catchline.
    Subsec. (a). Pub. L. 100-628, Sec. 501(2), substituted ``unutilized 
or underutilized'' for ``underutilized'' in heading and text and 
inserted ``, within 2 months after collecting such information,'' before 
``shall identify'' in text.
    Subsec. (b)(1). Pub. L. 100-628, Sec. 501(3)(A), inserted ``or to 
make the property available, on an interim basis, for use as facilities 
to assist the homeless'' after ``agency's need''.
    Subsec. (b)(2). Pub. L. 100-628, Sec. 501(3)(B), inserted before 
period at end ``or made available on an interim basis for use as 
facilities to assist the homeless''.
    Subsec. (d). Pub. L. 100-628, Sec. 501(4)(A), struck out ``by 
lease'' after ``property'' in heading.
    Subsec. (d)(1). Pub. L. 100-628, Sec. 501(4)(B), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``Federal 
buildings or property may be made available under this section only 
through the use of leases for at least 1 year. Ownership of the 
buildings and property shall not be transferred from the Federal 
Government.''
    Subsec. (d)(2). Pub. L. 100-628, Sec. 501(4)(C), substituted ``With 
respect to property identified under subsection (a) which has been 
designated as surplus property,'' for ``To permit leases of surplus 
Federal buildings and other real property under this section,''.


                    Effective Date of 1990 Amendment

    Section 401(b) of Pub. L. 101-645 provided that: ``The amendment 
made by subsection (a) [amending this section] shall be effective 90 
days after the date of the enactment of this Act [Nov. 29, 1990].''


                               Regulations

    Section 401(d) of Pub. L. 101-645 provided that: ``No later than 90 
days after the date of the enactment of this Act [Nov. 29, 1990], the 
Administrator of General Services, the Secretary of Health and Human 
Services, and the Secretary of Housing and Urban Development shall 
promulgate regulations implementing this section and the amendment made 
by this section [amending this section and enacting provisions set out 
as notes under this section].''


 Consultation and Report Regarding Use of National Guard Facilities as 
               Overnight Shelters for Homeless Individuals

    Pub. L. 102-550, title XIV, Sec. 1411, Oct. 28, 1992, 106 Stat. 
4039, provided that:
    ``(a) Use of Available Space at National Guard Facilities.--The 
Secretary of Housing and Urban Development shall consult with the chief 
executive officers of the States and the Secretary of Defense to 
determine the availability of space at National Guard facilities for use 
by homeless organizations in providing overnight shelter for homeless 
persons and families. The Secretary of Housing and Urban Development 
shall determine the availability of only such space that can be used for 
shelter purposes during periods it is not actively being used for 
National Guard purposes. The Secretary of Housing and Urban Development 
shall also determine the availability of incidental services at such 
facilities, including utilities, bedding, security, transportation, 
renovation of facilities, minor repairs undertaken specifically to make 
available space in a facility suitable for use as an overnight shelter 
for homeless individuals, and property liability insurance.
    ``(b) Limitations.--In consultations under this section, the 
Secretary of Housing and Urban Development shall determine--
        ``(1) the number and capacity of such facilities that may be 
    made available for shelters for homeless persons and families 
    without adversely affecting the military or emergency service 
    preparedness of the State or the United States; and
        ``(2) whether any available space is suitable for use as an 
    overnight shelter for homeless individuals or can, with minor 
    repairs, be made suitable for that use.
    ``(c) Report.--The Secretary of Housing and Urban Development shall 
submit to the Congress, not later than the expiration of the 1-year 
period beginning on the date of the enactment of this Act [Oct. 28, 
1992], a report regarding the consultations and determinations made by 
the Secretary under this section. The report shall include any 
recommendations of the Secretary regarding the need for, and feasibility 
of, using National Guard facilities for homeless shelters and any 
recommendations of the Secretary for administrative or legislative 
action to provide for such use.''


  Unutilized and Underutilized Property for Purposes of 1990 Amendment

    Section 401(c) of Pub. L. 101-645 provided that: ``For purposes of 
section 501 of the Stewart B. McKinney Homeless Assistance Act (42 
U.S.C. 11411) (as amended by this Act) the terms `unutilized' and 
`underutilized' when used to describe property have the same meaning 
such terms had before the date of the enactment of this Act [Nov. 29, 
1990] under such section 501.''

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 2878; title 20 
section 7713; title 38 section 8162.
