42 U.S.C. § 11411 — Use of unutilized and underutilized public buildings and real property to assist the homeless

(a) Identification of suitable property. Every quarter, the Secretary of Housing and Urban Development must ask each landholding agency for information about Federal public buildings and other Federal real property, including fixtures, that is excess, surplus, unutilized, or underutilized under the cited surveys. Within 25 days after the request, the agency head must send the information. Within 30 days after receiving it, the Secretary must identify which properties are suitable for helping homeless^* people.

(b) Availability. (1) The Secretary must promptly notify each Federal agency about its properties identified under subsection (a). Within 45 days, the landholding agency head must respond, stating for unutilized or underutilized property whether the agency intends to declare it excess, make it available to help homeless people, or explaining fully why it cannot do either. For excess property, the response must state^* either that no compelling Federal need remains and it will be declared surplus, or that a compelling Federal need remains, fully explain that need, and state that the property is not presently available to help homeless people. (2) Every property identified under subsection (a) must be available for applications: (A) non-surplus property, for helping homeless people under this section; (B) surplus property, for that use under this section or as a public-health use under section 550(a)-(d) of title 40; and (C) surplus property, for permanent housing with or without supportive services, which is an eligible homeless-assistance use under this section. (3) The Secretary must keep a written public record of the properties identified and the reasons, and of agency responses.

(c) Publication. (1)(A) Within 15 days after the 45-day response period ends, the Secretary must publish on HUD’s or GSA’s website a list of all properties reviewed and a list of all properties available for applications to help homeless people. (B) Each list must give each property’s description, location, address, ZIP code, and current classification. (C) On request, HUD must provide all information it possesses, other than valuation information, about reviewed properties not identified as suitable, including the reasons. (D) Each year it must separately publish suitable properties reported unavailable and the reasons. (2)(A) Within the same 15 days, the Secretary must send the available-property list to the United States Interagency Council on Homelessness, which must immediately distribute relevant portions to State and regional homeless coordinators. (B) The Secretary, the Administrator, and the Secretary of Health and Human Services must make necessary efforts for the widest possible distribution. (C) The Secretary must establish a toll-free number for specific information. (3) On request, the Secretary must provide all nonvaluation information HUD possesses about published properties, including environmental-assessment data, and keep a current list of agency contacts for property inquiries. (4)(A) Each December 31, every landholding agency head must report the current availability and classification of each property controlled by that agency that was listed that year as available or became available during that year. (B) By February 15 each year, the Secretary must publish those properties and classifications in the Federal Register. (C) After the 60-day holding period in subsection (d), a property is not considered still available if someone applies or submits a written expression of interest under any law for any use, or if the Administrator receives a genuine purchase offer or advertises a public-auction sale.

(d) Holding period. (1) A property published as available may not be used for another purpose for 30 days after publication. (2) If HHS receives written intent within those 30 days to apply for homeless assistance, the property may not be used for another purpose until HHS or the appropriate landholding agency finishes acting on the application. (3) A reviewed property found unsuitable may not be used for another purpose for 20 days so a homeless representative can request review. The Secretary must immediately send this information to HUD regional offices and the Interagency Council. If no review is requested, it will not be listed again unless the landholding agency changes it, such as by improving it, and the Secretary later finds it suitable. (4)(A) After the 30 days, written intent may be filed at any time. An application may be approved only if the property remains available. If it does, homeless use receives priority over competing disposal opportunities under sections 541-555 of title 40, except subsection (f)(3)(A). (B) Approved surplus property must promptly be assigned to HHS for disposal under subsection (f).

(e) Application. (1) A homeless representative may apply to HHS for any published available property. (2)(A) Within 75 days after written intent, the applicant must submit an initial application; HHS may grant reasonable extensions with the landholding agency’s agreement. (B) It must state the services, the need for them, and the applicant’s experience showing it can provide them. (3) Within 10 days after receiving it, HHS must review and decide the initial application, complete its action, and keep a written public record. (4) If approved, the applicant has 45 days to submit a final application with a reasonable financing plan. (5) Within 15 days after receiving it, HHS must review, finally decide, and complete action, and keep a public record.

(f) Making property available. (1) Subject to this subsection, property with an approved application must promptly be made available, at the applicant’s choice, by permit, lease, or deed as a public-health use under section 550(a)-(d) of title 40. (2) Unutilized or underutilized property that an agency intends to make available must promptly be made available by lease or permit for at least one year, unless the applicant asks for less. (3)(A) When disposing of surplus property by deed or lease under sections 541-555 of title 40, the Administrator and HHS must prioritize homeless uses unless either decides a competing section 550 request is so meritorious and compelling that it outweighs homeless needs. (B) The deciding official must send Congress’s appropriate committees an explanation of the need met and why it outweighed homeless needs. (4) For property leased to a homeless representative before November 29, 1990, HHS may, on written request, convey it by deed under section 550. The lease term is not changed if no deed is granted.

(g) Records. The Secretary must keep a written public record of why properties were found suitable or unsuitable and of landholding-agency responses under subsection (b)(1).

(h) Base closures. (1) This section does not apply to buildings or property at military installations approved for closure under the Defense Base Closure and Realignment Act of 1990 after October 25, 1994. (2) The cited 1994 Act contains rules for homeless use of property at certain installations approved for closure under that Act or the 1988 Act before October 25, 1994.

(i) Definitions. “Administrator” means the Administrator of General Services. “Excess property” and “surplus property” have the meanings in section 102 of title 40; this section does not otherwise define those quoted terms. “Landholding agency” means a Federal department or agency with statutory authority to control real property. “Representative of the homeless” means a State or local government agency or private nonprofit organization providing homeless services. “Secretary” means the Secretary of Housing and Urban Development unless this section provides otherwise.