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42 U.S.C. § 11421 — Repealed. Pub. L. 105–220, title I,

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11421 — Repealed. Pub. L. 105–220, title I,

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

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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,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11411 — 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 524(a)(2) and (3) of title 40. 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,

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Federal law — U.S. Code and appendices · legal_authorities

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 c

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11411

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11421 — Repealed. Pub. L. 105–220, title I, § 199(b)(1), Aug. 7, 1998, 112 Stat. 1059

### Statutory Notes Section, Pub. L. 100–77, title VII, § 701, as added Pub. L. 103–382, title III, § 322, Oct. 20, 1994, 108 Stat. 3956, related 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 amendment of this part by Pub. L. 103–382. #### 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 subsection (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.

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