View all text of Subchapter V [§ 11411 - § 11412]
§ 11411. Use of unutilized and underutilized public buildings and real property to assist the homeless
(a) Identification of suitable property
(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). 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) All properties identified by the Secretary under subsection (a) shall be available for application—
(A) in the case of property other than surplus property, for use to assist the homeless in accordance with the provisions of this section;
(B) 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 section 550(a)–(d) of title 40; and
(C) in the case of surplus property, the provision of permanent housing with or without supportive services is an eligible use to assist the homeless under this section.
(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), the Secretary shall publish on the Web site of the Department of Housing and Urban Development or the General Services Administration—
(i) a list of all properties reviewed by the Secretary under subsection (a); and
(ii) a list of all properties that are available under subsection (b)(2) 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), the Secretary shall transmit a copy of the list of available properties published under paragraph (1)(A)(ii) to the United States Interagency Council on Homelessness. 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) 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) as available for application for use to assist the homeless shall not be available for any other purpose for a period of 30 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 30-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) with respect to that written notice of intent.
(3) Property that is reviewed by the Secretary under subsection (a) 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 United States Interagency Council on Homelessness. If no such review of the determination is requested within the 20-day period, such property will not be included in subsequent publications unless the landholding agency makes changes to the property (e.g. improvements) that may change the unsuitable determination and the Secretary subsequently determines the property is suitable.
(4)
(A) Written notice of intent to apply for a property published under subsection (c)(1)(A)(ii) may be filed at any time after the 30-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 sections 541–555 of title 40, except as provided in subsection (f)(3)(A).
(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).
(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) as available for application for use to assist the homeless.
(2)
(A) No later than 75 days after the submission of written notice of intent to apply for a property, an applicant shall submit an initial 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.
(B) An initial application shall set forth—
(i) the services that will be offered;
(ii) the need for the services; and
(iii) the experience of the applicant that demonstrates the ability to provide the services.
(3) No later than 10 days after receipt of an initial 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.
(4) If the Secretary of Health and Human Services approves an initial application, the applicant has 45 days in which to provide a final application that sets forth a reasonable plan to finance the approved program.
(5) No later than 15 days after receipt of the final application, the Secretary of Health and Human Services shall review, make a final determination, and complete all actions on the final application. The Secretary of Health and Human Services shall maintain a 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) shall be made promptly available, at the applicant’s discretion, by permit or lease, or by deed as a public health use under section 550(a)–(d) 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) 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 sections 541–555 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 550 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 550 of title 40. The lease term shall not be affected if a deed is not granted.
(g) RecordsThe 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).
(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) DefinitionsFor 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 102 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, § 501, July 22, 1987, 101 Stat. 509; Pub. L. 100–628, title V, § 501, Nov. 7, 1988, 102 Stat. 3240; Pub. L. 101–645, title IV, § 401(a), Nov. 29, 1990, 104 Stat. 4719; Pub. L. 102–484, div. B, title XXVIII, § 2824, Oct. 23, 1992, 106 Stat. 2608; Pub. L. 103–421, § 2(d), Oct. 25, 1994, 108 Stat. 4352; Pub. L. 108–199, div. G, title II, § 216(4), Jan. 23, 2004, 118 Stat. 394; Pub. L. 114–287, § 22, Dec. 16, 2016, 130 Stat. 1478.)