Page:United States Statutes at Large Volume 104 Part 6.djvu/332

 104 STAT. 4722 PUBLIC LAW 101-645—NOV. 29, 1990 Administrative 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)(l)(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 of 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 Public determinations, and complete all actions on the application. The ^formation. Secretary of Health and Human Services shall maintain a written Records. public record of all actions taken in response to an application. "(f) MAKING PROPERTY AVAILABLE TO REPRESENTATIVES OP 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 Admmistrative Services Act of 1949 (40 U.S.C. 484(k)(l) 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)(l)(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 conveysince 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

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