42 U.S.C. § 11411 — Use of unutilized and underutilized pub-

Page 8181 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11411 SUBCHAPTER V—IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY § 11411. Use of unutilized and underutilized pub- lic buildings and real property to assist the homeless (a) Identification of suitable property The Secretary of Housing and Urban Develop- ment shall, on a quarterly basis, request infor- mation 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 de- scribed as unutilized or underutilized in surveys by the heads of landholding agencies under sec- tion 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Sec- retary, the head of each landholding agency shall transmit such information to the Sec- retary. 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 appro- priate 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 com- pelling 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 pres- ently available for use to assist the home- less. (2) All properties identified by the Secretary under subsection (a) shall be available for appli- cation— (A) in the case of property other than sur- plus 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 ac- cordance with section 550(a)–(d) of title 40; and (C) in the case of surplus property, the provi- sion 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 sub- section and the reasons for such identifica- tions; 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 sub- section (b)(1), the Secretary shall publish on the Web site of the Department of Housing and Urban Development or the General Services Ad- ministration— (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 in- clude 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 pos- session of the Department of Housing and Urban Development (other than valuation informa- tion), 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 sub- section (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 infor- mation 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 pub- lished under paragraph (1)(A), including environ- mental 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 Sec- retary the current availability status and the current classification of each property con- trolled by the agency, that— Page 8182 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11411 (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 subpara- graph (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 sub- section (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 begin- ning 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 re- ceived 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 Serv- ices 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 determina- tion of unsuitability to allow for review of the determination at the request of the representa- tive of the homeless. The Secretary shall dis- seminate 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 suit- able. (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 sub- mit an application to the Secretary of Health and Human Services for any property that is published under subsection (c)(1)(A)(ii) as avail- able for application for use to assist the home- less. (2)(A) No later than 75 days after the submis- sion 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 rea- sonable 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 serv- ices. (3) No later than 10 days after receipt of an ini- tial application, the Secretary of Health and Human Services shall review, make all deter- minations, and complete all actions on the ap- plication. The Secretary of Health and Human Services shall maintain a written public record of all actions taken in response to an applica- tion. (4) If the Secretary of Health and Human Serv- ices approves an initial application, the appli- cant has 45 days in which to provide a final ap- plication that sets forth a reasonable plan to fi- nance 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 de- termination, 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 applica- tion. (f) Making property available to representatives of homeless (1) Subject to the provisions of this sub- section, property for which the Secretary of Health and Human Services has approved an ap- plication under subsection (e) shall be made promptly available, at the applicant’s discre- tion, 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 sub- mitted the application. (2) Unutilized or underutilized property that is the subject of an agency’s statement of inten- tion under subsection (b)(1)(A)(ii) shall be made promptly available by the appropriate land- holding 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 Ad- Page 8183 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11411 ministrator and the Secretary of Health and Human Services shall give priority of consider- ation 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 Sec- retary of Health and Human Services makes a determination under subparagraph (A), the Ad- ministrator or the Secretary of Health and Human Services shall transmit to the appro- priate committees of the Congress an explana- tory statement detailing the need satisfied by conveyance of the surplus property and the rea- sons for determining that such need was so mer- itorious 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 No- vember 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) 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) Applicability to property under base closure process (1) The provisions of this section shall not apply to buildings and property at military in- stallations 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) Definitions For purposes of this section— (1) the term ‘‘Administrator’’ means the Ad- ministrator 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 home- less’’ means a State or local government agen- cy, or private nonprofit organization, which provides services to the homeless; and (5) the term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development, ex- cept 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.) 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 Pub. 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 Pub. 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 Redevelop- ment and Homeless Assistance Act of 1994, referred to in subsec. (h)(2), is section 2(e) of Pub. 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(b)(2) of the Federal Prop- erty and Administrative Services Act of 1949 (40 U.S.C. 483(b)(2))’’, in subsecs.(b)(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 Ad- ministrative 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’’ sub- stituted 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’’ sub- stituted for ‘‘section 3 of the Federal Property and Ad- ministrative Services Act of 1949 (40 U.S.C. 472)’’, on au- thority of Pub. 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. (b)(2). Pub. L. 114–287, § 22(1), struck out subpar. (A) designation after par. (2) designation, redes- ignated cls. (i) and (ii) as subpars. (A) and (B), respec- tively, and added subpar. (C). Subsec. (c)(1)(A). Pub. L. 114–287, § 22(2), substituted ‘‘on the Web site of the Department of Housing and Urban Development or the General Services Adminis- tration’’ for ‘‘in the Federal Register’’ in introductory provisions. Subsec. (d)(1). Pub. L. 114–287, § 22(3)(A), substituted ‘‘period of 30 days’’ for ‘‘period of 60 days’’. Subsec. (d)(2). Pub. L. 114–287, § 22(3)(B), substituted ‘‘30-day period’’ for ‘‘60-day period’’. Subsec. (d)(3). Pub. L. 114–287, § 22(3)(C), inserted at end ‘‘If no such review of the determination is re- quested within the 20-day period, such property will not be included in subsequent publications unless the land- holding agency makes changes to the property (e.g. im- Page 8184 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11411 provements) that may change the unsuitable deter- mination and the Secretary subsequently determines the property is suitable.’’ Subsec. (d)(4). Pub. L. 114–287, § 22(3)(B), substituted ‘‘30-day period’’ for ‘‘60-day period’’. Subsec. (e)(2). Pub. 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). Pub. 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). Pub. L. 114–287, § 22(4)(C), added pars. (4) and (5). Subsec. (f)(1). Pub. L. 114–287, § 22(5), substituted ‘‘available, at the applicant’s discretion, by’’ for ‘‘available by’’. 2004—Subsecs. (c)(2)(A), (d)(3). Pub. L. 108–199 sub- stituted ‘‘United States Interagency Council on Home- lessness’’ for ‘‘Interagency Council on the Homeless’’. 1994—Subsecs. (h), (i). Pub. L. 103–421 added subsec. (h) and redesignated former subsec. (h) as (i). 1992—Subsec. (c)(4)(C). Pub. L. 102–484, § 2824(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘For purposes of subpara- graph (A), property shall be considered to remain avail- able 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). Pub. L. 102–484, § 2824(b), inserted ‘‘or’’ after ‘‘Unutilized’’. 1990—Pub. L. 101–645 amended section generally, sub- stituting present provisions consisting of subsecs. (a) to (h) for former provisions consisting of subsecs. (a) to (e). 1988—Pub. L. 100–628, § 501(1), substituted ‘‘unutilized and underutilized’’ for ‘‘underutilized’’ in section catchline. Subsec. (a). Pub. L. 100–628, § 501(2), substituted ‘‘un- utilized or underutilized’’ for ‘‘underutilized’’ in head- ing and text and inserted ‘‘, within 2 months after col- lecting such information,’’ before ‘‘shall identify’’ in text. Subsec. (b)(1). Pub. 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. (b)(2). Pub. L. 100–628, § 501(3)(B), inserted be- fore period at end ‘‘or made available on an interim basis for use as facilities to assist the homeless’’. Subsec. (d). Pub. L. 100–628, § 501(4)(A), struck out ‘‘by lease’’ after ‘‘property’’ in heading. Subsec. (d)(1). Pub. 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). Pub. 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 Pub. L. 101–645, title IV, § 401(b), 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 Pub. 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 Hous- ing and Urban Development shall promulgate regula- tions implementing this section and the amendment made by this section [amending this section and enact- ing provisions set out as notes under this section].’’ EXEMPTION OF DEPARTMENT OF DEFENSE OFF-SITE USE AND OFF-SITE REMOVAL ONLY NON-MOBILE PROP- ERTIES FROM CERTAIN EXCESS PROPERTY DISPOSAL REQUIREMENTS Pub. L. 115–232, div. B, title XXVIII, § 2822, Aug. 13, 2018, 132 Stat. 2268, provided that: ‘‘(a) IN GENERAL.—Excess or unutilized or underuti- lized 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 ju- risdiction 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 na- tional security; and ‘‘(3) the exemption would facilitate the efficient disposal of excess property or result in more efficient real property management. ‘‘(b) CONSULTATION.—Before making an initial deter- mination under the authority in subsection (a), and pe- riodically thereafter, the head of a department, agency, or other element of the Department shall consult with the Executive Director of the United States Inter- agency Council on Homelessness on types of non-mo- bile 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 fis- cal 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 sub- section 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 DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Govern- mental Affairs of the Senate; and ‘‘(B) the Committee on Armed Services, the Com- mittee on Financial Services, and the Committee on Oversight and Government Reform [now Com- mittee 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 NA- TIONAL GUARD FACILITIES AS OVERNIGHT SHELTERS FOR HOMELESS INDIVIDUALS Pub. L. 102–550, title XIV, § 1411, Oct. 28, 1992, 106 Stat. 4039, required the Secretary of Housing and Urban De- velopment 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 over- night shelter for the homeless, determine the avail- ability of incidental services at such facilities, and sub- Page 8185 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11431 mit to Congress, not later than the expiration of the 1- year period beginning on Oct. 28, 1992, a report regard- ing the consultations and determinations made by the Secretary under this section, including recommenda- tions. UNUTILIZED AND UNDERUTILIZED PROPERTY FOR PURPOSES OF 1990 AMENDMENT Pub. L. 101–645, title IV, § 401(c), Nov. 29, 1990, 104 Stat. 4723, as amended by Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: ‘‘For purposes of sec- tion 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.’’ § 11412. Making surplus personal property avail- able to nonprofit agencies (a) Omitted (b) Requirement for notification Within 90 days after July 22, 1987, the Adminis- trator of General Services shall require each State agency administering a State plan under section 549(a)–(e) of title 40 to make generally available information about surplus personal property which may be used in the provision of food, shelter, or other services to homeless indi- viduals. (c) Costs Surplus personal property identified pursuant to this section shall be made available to pro- viders of assistance to homeless individuals by a State agency distributing such property at (1) a nominal cost to such organization or (2) at no cost when the Administrator agrees to reim- burse the State agency for the costs of care and handling of such property. (Pub. L. 100–77, title V, § 502, July 22, 1987, 101 Stat. 510.) Editorial Notes CODIFICATION Section is comprised of section 502 of Pub. L. 100–77. Subsec. (a) of section 502 amended section 203(j)(3)(B) of the Federal Property and Administrative Services Act of 1949, which was classified to section 484(j)(3)(B) of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as section 549(c)(3)(B) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. In subsec (b), ‘‘section 549(a)–(e) of title 40’’ sub- stituted for ‘‘203(j) of the Federal Property and Admin- istrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. SUBCHAPTER VI—EDUCATION AND TRAINING PART A—ADULT EDUCATION FOR HOMELESS § 11421. Repealed. Pub. L. 105–220, title I, § 199(b)(1), Aug. 7, 1998, 112 Stat. 1059 Section, Pub. L. 100–77, title VII, § 701, as added Pub. L. 103–382, title III, § 322, Oct. 20, 1994, 108 Stat. 3956, re- lated to State literacy initiatives. A prior section 11421, Pub. L. 100–77, title VII, § 702, July 22, 1987, 101 Stat. 525; Pub. L. 100–297, title VI, § 6001, Apr. 28, 1988, 102 Stat. 423; Pub. L. 100–628, title VII, § 701, Nov. 7, 1988, 102 Stat. 3244; Pub. L. 101–645, title VI, § 611, Nov. 29, 1990, 104 Stat. 4734, related to State literacy initiatives, prior to the general amend- ment of this part by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 105–220, title I, § 199(c)(2)(A), Aug. 7, 1998, 112 Stat. 1059, which provided that the repeal made by sub- section (b)(1) (repealing sections 11421, 11461 to 11466, 11471, and 11472 of this title) would take effect on July 1, 1999, was repealed by Pub. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705. PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTHS § 11431. Statement of policy The following is the policy of the Congress: (1) Each State educational agency shall en- sure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as pro- vided to other children and youths. (2) In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enroll- ment, attendance, or success in school of, homeless children and youths, the State edu- cational agency and local educational agencies in the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths. (3) Homelessness is not sufficient reason to separate students from the mainstream school environment. (4) Homeless children and youths should have access to the education and other serv- ices that such children and youths need to en- sure that such children and youths have an op- portunity to meet the same challenging State academic standards to which all students are held. (Pub. L. 100–77, title VII, § 721, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 1989; amended Pub. L. 114–95, title IX, § 9101, Dec. 10, 2015, 129 Stat. 2124.) Editorial Notes PRIOR PROVISIONS A prior section 11431, Pub. L. 100–77, title VII, § 721, as added Pub. L. 103–382, title III, § 323, Oct. 20, 1994, 108 Stat. 3957, stated policy of Congress, prior to the gen- eral amendment of this part by Pub. L. 107–110. Another prior section 11431, Pub. L. 100–77, title VII, § 721, July 22, 1987, 101 Stat. 525; Pub. L. 101–645, title VI, § 612(a), Nov. 29, 1990, 104 Stat. 4735, stated policy of Congress, prior to the general amendment of this part by Pub. L. 103–382. AMENDMENTS 2015—Par. (2). Pub. L. 114–95, § 9101(1), substituted ‘‘In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of,