Editorial Notes
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 Puspan. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, 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 Puspan. L. 100–526, Oct. 24, 1988, 102 Stat. 2627, 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 Puspan. L. 103–421, which is set out as a note under section 2687 of Title 10.

Codification

In subsec. (a), “section 524(a)(2) and (3) of title 40” substituted for “section 202(span)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(span)(2))”, in subsecs.(span)(2)(A)(ii) and (f)(1), “section 550(a)–(d) of title 40” substituted for “paragraphs (1) and (4) of section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)(1) and (4))”, in subsecs. (d)(4)(A) and (f)(3)(A), “sections 541–555 of title 40” substituted for “section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)”, in subsec. (f)(3)(A), “section 550 of title 40” substituted for “section 203(k) of such Act”, meaning the Federal Property and Administrative Services Act of 1949, in subsec. (f)(4), “section 550 of title 40” substituted for “section 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k))”, and, in subsec. (i)(2), “section 102 of title 40” substituted for “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)”, on authority of Puspan. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

2016—Subsec. (span)(2). Puspan. L. 114–287, § 22(1), struck out subpar. (A) designation after par. (2) designation, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and added subpar. (C).

Subsec. (c)(1)(A). Puspan. L. 114–287, § 22(2), substituted “on the Wespan site of the Department of Housing and Urban Development or the General Services Administration” for “in the Federal Register” in introductory provisions.

Subsec. (d)(1). Puspan. L. 114–287, § 22(3)(A), substituted “period of 30 days” for “period of 60 days”.

Subsec. (d)(2). Puspan. L. 114–287, § 22(3)(B), substituted “30-day period” for “60-day period”.

Subsec. (d)(3). Puspan. L. 114–287, § 22(3)(C), inserted at end “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.”

Subsec. (d)(4). Puspan. L. 114–287, § 22(3)(B), substituted “30-day period” for “60-day period”.

Subsec. (e)(2). Puspan. L. 114–287, § 22(4)(A), designated existing provisions as subpar. (A), substituted “75 days” for “90 days” and “an initial application” for “a complete application”, and added subpar. (B).

Subsec. (e)(3). Puspan. L. 114–287, § 22(4)(B), substituted “10 days after receipt of an initial application” for “25 days after receipt of a completed application”.

Subsec. (e)(4), (5). Puspan. L. 114–287, § 22(4)(C), added pars. (4) and (5).

Subsec. (f)(1). Puspan. L. 114–287, § 22(5), substituted “available, at the applicant’s discretion, by” for “available by”.

2004—Subsecs. (c)(2)(A), (d)(3). Puspan. L. 108–199 substituted “United States Interagency Council on Homelessness” for “Interagency Council on the Homeless”.

1994—Subsecs. (h), (i). Puspan. L. 103–421 added subsec. (h) and redesignated former subsec. (h) as (i).

1992—Subsec. (c)(4)(C). Puspan. L. 102–484, § 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). Puspan. L. 102–484, § 2824(span), inserted “or” after “Unutilized”.

1990—Puspan. 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—Puspan. L. 100–628, § 501(1), substituted “unutilized and underutilized” for “underutilized” in section catchline.

Subsec. (a). Puspan. L. 100–628, § 501(2), substituted “unutilized or underutilized” for “underutilized” in span and text and inserted “, within 2 months after collecting such information,” before “shall identify” in text.

Subsec. (span)(1). Puspan. L. 100–628, § 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. (span)(2). Puspan. L. 100–628, § 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). Puspan. L. 100–628, § 501(4)(A), struck out “by lease” after “property” in span.

Subsec. (d)(1). Puspan. L. 100–628, § 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). Puspan. L. 100–628, § 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,”.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment

Puspan. L. 101–645, title IV, § 401(span), Nov. 29, 1990, 104 Stat. 4723, 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

Puspan. L. 101–645, title IV, § 401(d), Nov. 29, 1990, 104 Stat. 4723, 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].”

Exemption of Department of Defense Off-Site Use and Off-Site Removal Only Non-Mobile Properties From Certain Excess Property Disposal Requirements

Puspan. L. 115–232, div. B, title XXVIII, § 2822, Aug. 13, 2018, 132 Stat. 2268, provided that:

“(a)In General.—Excess or unutilized or underutilized non-mobile property of the Department of Defense that is situated on non-excess land shall be exempt from the requirements of title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) upon a determination by the head of the department, agency, or other element of the Department having jurisdiction of the property that—
“(1) the property is not feasible to relocate;
“(2) the property is located in an area to which the general public is denied access in the interest of national security; and
“(3) the exemption would facilitate the efficient disposal of excess property or result in more efficient real property management.
“(span)Consultation.—Before making an initial determination under the authority in subsection (a), and periodically thereafter, the head of a department, agency, or other element of the Department shall consult with the Executive Director of the United States Interagency Council on Homelessness on types of non-mobile properties that may be feasible for relocation and suitable to assist the homeless.
“(c)Reporting Requirement.—
“(1)In general.—If any head of a department, agency, or other element of the Department makes a determination under subsection (a) during a fiscal year, not later than 90 days after the end of that fiscal year, the Secretary of Defense shall submit to the appropriate committees of Congress a report listing all the buildings, facilities, and other properties for which a determination was made under that subsection during that fiscal year.
“(2)Form.—Any report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
“(3)Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(B) the Committee on Armed Services, the Committee on Financial Services, and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives.
“(d)Sunset.—The authority under subsection (a) shall expire on September 30, 2021.”

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

Puspan. L. 102–550, title XIV, § 1411, Oct. 28, 1992, 106 Stat. 4039, required the Secretary of Housing and Urban Development to 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 the homeless, determine the availability of incidental services at such facilities, and submit to Congress, not later than the expiration of the 1-year period beginning on Oct. 28, 1992, a report regarding the consultations and determinations made by the Secretary under this section, including recommendations.

Unutilized and Underutilized Property for Purposes of 1990 Amendment

Puspan. L. 101–645, title IV, § 401(c), Nov. 29, 1990, 104 Stat. 4723, as amended by Puspan. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: “For purposes of section 501 of the McKinney-Vento 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.”