USE OF CERTAIN PUBLIC REAL PROPERTY TO ASSIST THE HOMELESS.

SEC. 401. USE OF CERTAIN PUBLIC REAL PROPERTY TO ASSIST THE HOMELESS. (a) In General.—Section 501 of the Stewart B. McKinney Home-less Assistance Act (42 U.S.C. 11411) is amended to read as follows: “SEC. 501. 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 202(b)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(b)(2)). 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). 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 avail-able 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 104 STAT. 4720 “(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) 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 203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k) (1) and (4)). “(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 in the Federal Register— “(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 (l)(A)(ii) to the Interagency Council on the Homeless. The Council shall immediately distribute to all State and regional home-less 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), 104 STAT. 4721including 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 be considered to remain available for application for use to assist the home-less if, subsequent to the 60-day holding period provided under subsection (d)— “(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. “(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 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) 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 Interagency Council on the Homeless. “(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 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 203 of the Federal Property and 104 STAT. 4722Administrative Services Act of 1949 (40 U.S.C. 484), 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) 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 or 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 the 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 by permit or lease, or by deed as a public health use under 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)), to the representative of the homeless that submitted the application. “(2) Unutilized 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 section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484), 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 203(k) of such Act 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 the date of the enactment of the Stewart B. McKinney Homeless Assistance Amendments Act of 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 104 STAT. 4723203(k) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(k)). 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). “(h) 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 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472); “(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.”. (b) Effective Date of Amendment.—The amendment made by subsection (a) shall be effective 90 days after the date of the enactment of this Act. (c) Unutilized and Underutilized Property.—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 under such section 501. (d) Promulgation of Regulations.—No later than 90 days after the date of the enactment of this Act, 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.