Page:United States Statutes at Large Volume 104 Part 6.djvu/329

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PUBLIC LAW 101-645—NOV. 29, 1990 104 STAT. 4719 Subtitle C—Effective Date SEC. 321. EFFECTIVE DATE. If the Cranston-Gronzalez National Affordable Housing Act is enacted before the enactment of this Act, the provisions of this title and the amendments made by this title shall not take effect. This section shall apply notwithstanding any other provision relating to effective date or applicability contained in this title. TITLE IV—USE OF PUBLIC REAL PROPER- TY TO ASSIST THE HOMELESS AND CENSUS STUDY SEC. 401. USE OF CERTAIN PUBLIC REAL PROPERTY TO ASSIST THE HOMELESS. (a) IN GENERAL.— Section 501 of the Stewart B. McKinney Homeless 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 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